CALOSHA They are the government and they are

CAL-OSHA They are the government and they are here to help us! County of Kern, Risk Management

CAL-OSHA? • FED OCCUPATIONAL SAFETY AND HEALTH ACT 1970 • CAL-OSHA 1973 • AB 1127 County of Kern, Risk Management 2

DOSH • DIVISION OF OCCUPATIONAL SAFETYAND HEALTH • Enforcer of safety and Health Standards and Regulations • Bureau of Investigations- Criminal Investigations County of Kern, Risk Management 3

CAL-OSHA CONSULTING • Offers these services: – INSPECTONS – CONSULTING – TRAINING – NO FINES …. . . County of Kern, Risk Management 4

OCC. SAFETY AND HEALTH STDS. BOARD • ADOPTS • AMENDS • REPEALS • California Code of Regulations, Title 8 County of Kern, Risk Management 5

OCC. SAFETY AND HEALTH APPEALS BOARD • HEARS APPEALS REGUARDING CAL/OSHA ENFORCEMENT ACTIONS County of Kern, Risk Management 6

WHO’S COVERED ? ? • • NO-- MARITIME NO-- DOMESTIC SERVICE WORKERS NO-- FEDS YES EVERYBODY THAT’S LEFT County of Kern, Risk Management 7

INSPECTIONS • PROGRAM PLAN--RANDOM -- RELATED • UNPROGRAMED (after an) ACCIDENT---- COMPLAINT---REFERRAL ---- FOLLOW-UP County of Kern, Risk Management 8

WHAT TO EXPECT FROM AN INSPECTION • • • PERMISSION CREDENTIALS CONFERENCE WALKAROUND CITATION CLOSING CONFERENCE County of Kern, Risk Management 9

PERMISSION • MANAGEMENT REPRESENTATIVE • EMPLOYER REP WITH AUTHORITY • INSPECTION WARRANT • CREDENTIALS W/PHOTO County of Kern, Risk Management 10

OPENING CONFERENCE • REVIEW OF RECORDS – IPP – WORK/COMP – INSPECTIONS – COMMUNICATION – ACCIDENTS – REASON FOR VISIT County of Kern, Risk Management 11

WALKAROUND • WITH EMPLOYER REP. AND EMPLOYEE REP. • INTERVIEWS • PHOTOS • TESTING AND SAMPLING • YELOW TAG • PRESERVE ORDER County of Kern, Risk Management 12

CITATIONS • ANY VIOLATION OF CODE • POSTING (THREE DAYS) • ABATEMENT County of Kern, Risk Management 13

PENALTIES • SIZE – 100 EMPLOYEES • GOOD FAITH – NEXT SLIDE • HISTORY – PREVIOUS CITATIONS County of Kern, Risk Management 14

GOOD FAITH • • • SAFETY PROGRAM EVALUATION COOPERATION EFFORT TO COMPLY COMMUNICATION W/EMPLOYEES RESOLVE TO CORRECT HAZARD PPE County of Kern, Risk Management 15

ABATEMENT • ABATEMENT CREDIT – 50% presumption of correction – credit revoked without proof – Failure to abate – not to exceed $15, 000 per day County of Kern, Risk Management 16

CLOSING CONFERENCE • • ALLEGED VIOLATIONS ENFORCEMENT ACTIONS ABATEMENT FOLLOW-UP INSPECTION County of Kern, Risk Management 17

SETTING ABATEMENT DATE • • • DEGREE OF HAZARD TIME NEEDED INTERIM SAFETY MEASURES WEEKENDS AND HOLIDAYS RECEIPT OF CITATION County of Kern, Risk Management 18

TYPES OF ISSUES • • • NOTICE SPECIAL ORDER INFORMAL MEMORANDUM FAILURE TO ABATE CITATION County of Kern, Risk Management 19

CITATIONS • WILLFUL • SERIOUS – DEATH OR SERIOUS INJURY • GENERAL • REPEATED County of Kern, Risk Management 20

PENALTIES • • • VIOLATIONS FAILURE TO ABATE DAILY PENALTY REPEAT VIOLATIONS FALSE STATEMENTS AND/OR RECORDS KNOWLEDGE OF HAZARD County of Kern, Risk Management 21

INFORMAL CONFERENCE • WHEN – EMPLOYEE MAY REQUEST – WITHIN 10 DAYS • WHY – EXTENTION OF ABATEMENT – EVIDENCE – PENALTIES INAPPROPRIATE County of Kern, Risk Management 22

APPEALS • • • 15 DAYS AFTER RECEIPT TELEPHONE PREHEARING LOCAL DOSH OFFICE ADMINISTRATIVE LAW JUDGE PETITION FOR RECONSIDERATION WITHIN 30 DAYS • APPEAL TO SUPERIOR COURT County of Kern, Risk Management 23