OSHA Cal OSHA Inspections Cal OSHA and Inspections

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OSHA, Cal OSHA, Inspections Cal OSHA and Inspections n Health and Safety Management n

OSHA, Cal OSHA, Inspections Cal OSHA and Inspections n Health and Safety Management n Spring 2010 n Professional Certificate in Human Resources Tom Brandon, CPP, CUSA O (619) 749 - 179 F (619) 749 -0182 fortressec@cox. net 1

OSH ACT Public Law 91 -596 84 STAT. 1590 91 st Congress, S. 2193

OSH ACT Public Law 91 -596 84 STAT. 1590 91 st Congress, S. 2193 December 29, 1970 An Act To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the "Occupational Safety and Health Act of 1970. " 2

OSHA FACTS -- AUGUST 2008 The Occupational Safety and Health Administration aims to ensure

OSHA FACTS -- AUGUST 2008 The Occupational Safety and Health Administration aims to ensure employee safety and health in the United States by working with employers and employees to create better working environments. Since OSHA's inception in 1971, nonfatal occupational injury and illness rates have dropped 60 percent, while occupational fatality rates have fallen to the lowest annual preliminary total since 1992. At the same time, U. S. employment has doubled to nearly 115 million private sector employees at over 8 million worksites. In Fiscal Year 2008, OSHA has 2, 186 employees. The agency's appropriation is $490. 3 million. OSHA uses a variety of proven intervention strategies to accomplish its mission. This balanced approach includes: 1) strong, fair and effective enforcement; 2) safety and health standards and guidance; 3) training and education; and 4) cooperative programs, compliance assistance and outreach. http: //www. osha. gov/as/opa/oshafacts. html 3

OSHA FACTS Duties (a) Each employer -(1) shall furnish to each of his employees

OSHA FACTS Duties (a) Each employer -(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act. 29 USC 654(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. 4

OSHA Regions Region 1 Region 2 Region 3 Region 8 Region 4 Region 9

OSHA Regions Region 1 Region 2 Region 3 Region 8 Region 4 Region 9 Region 10 Region 5 Region 6 Region 7 5

WHAT IS A STATE OSHA PROGRAM? Section 18 of the OSH Act of 1970

WHAT IS A STATE OSHA PROGRAM? Section 18 of the OSH Act of 1970 encourages States to develop and operate their own job safety and health programs. OSHA approves and monitors State plans and provides up to 50 percent of an approved plan's operating costs There are currently 22 States and jurisdictions operating complete State plans (covering both the private sector and State and local government employees) and 4 - Connecticut, New Jersey, New York and the Virgin Islands - which cover public employees only. (Eight other States were approved at one time but subsequently withdrew their programs). States must set job safety and health standards that are "at least as effective as" comparable federal standards. (Most States adopt standards identical to federal ones. ) States have the option to promulgate standards covering hazards not addressed by federal standards. 6

STATES & JURISDICTIONS OPERATING STATE PLANS Alaska Arizona California Connecticut Hawaii Indiana Iowa Kentucky

STATES & JURISDICTIONS OPERATING STATE PLANS Alaska Arizona California Connecticut Hawaii Indiana Iowa Kentucky Maryland Michigan Minnesota Nevada New Jersey New Mexico New York North Carolina Oregon Puerto Rico South Carolina Tennessee Utah Vermont Virginia Virgin Islands Washington Wyoming www. osha. gov/fso/osp/faq. html#oshaprogram 7

OSHA Facts n Two Divisions of Cal OSHA n Compliance n Consulting

OSHA Facts n Two Divisions of Cal OSHA n Compliance n Consulting

UNDER THE ACT An OSHA Compliance Officer is authorized to: n "Enter without delay

UNDER THE ACT An OSHA Compliance Officer is authorized to: n "Enter without delay and at reasonable times any factory, plant, establishment, construction site or other areas, workplace, or environment where work is being performed by an employee of the employer"; and to n "Inspect and investigate during regular working hours, and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and equipment therein, and to question privately any such employer, owner, operator, agent or employee. " 9

UNDER THE ACT Nearly all inspections are conducted without any advanced notice. However, when

UNDER THE ACT Nearly all inspections are conducted without any advanced notice. However, when advance notice of an inspection is given, the employer must inform his or her employees’ representatives or arrange for OSHA to do so. OSHA usually does not have a warrant for an inspection when they first arrive and may not conduct warrantless inspections without an employer’s consent. 10

OSHA If an OSHA Compliance Officer arrives at your door to conduct an inspection,

OSHA If an OSHA Compliance Officer arrives at your door to conduct an inspection, the following procedures should be followed: 11

OSHA n n n Ask the Compliance Officer for credentials – a badge or

OSHA n n n Ask the Compliance Officer for credentials – a badge or identification card specifying that the person is an agent of OSHA. Should you ask whether the Compliance Officer has a warrant for the inspection? Before an inspection, the Compliance Officer will conduct an opening conference, during which the Compliance Officer explains why he or she is there and what he or she wishes to do. Ask the Compliance Officer to wait while you assemble the appropriate people for the opening conference. Do not leave the Compliance Officer alone in the lobby, meeting room or an office. 12

OSHA n Contact Senior Management n Do not begin the opening conference without a

OSHA n Contact Senior Management n Do not begin the opening conference without a representative from local management present. n Contact department managers and inform them of a pending OSHA inspection. Ask the department mangers to ensure safety and health conditions are meeting best operating practices. n After the opening conference, the Compliance Officer will most likely conduct a walk-around inspection. Management representatives must accompany the Compliance Officer during the inspection. 14

OSHA n The inspection could include interviewing employees, physically inspecting the workplace and reviewing

OSHA n The inspection could include interviewing employees, physically inspecting the workplace and reviewing records. The inspector will look to see if your company has a safety and health program. He or she will want to know about any safety training. n Answer questions about specific programs by providing written copies of policies, procedures and practices. Give the Compliance Officer want they ask for and nothing else. n All safety and health programs should be in writing, but if they are not you should tell the inspector what is required of employees. n Emphasize that safety and health policies and/or rules are strictly enforced and employees or management personnel can be disciplined if safety violations are observed. 15

WHEN OSHA KNOCKS… n Except for hazards and violations the Compliance Officer observes during

WHEN OSHA KNOCKS… n Except for hazards and violations the Compliance Officer observes during the inspection, the inspection should be limited to the hazards alleged in the complaint. n When a Compliance Officer enters any establishment, field network operations, or other areas of the workplace or environment where work is being performed they can; 16

WHEN OSHA KNOCKS n n n Inspect and investigate during regular working hours or

WHEN OSHA KNOCKS n n n Inspect and investigate during regular working hours or other times any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials; and Question privately any employer, manager, contractor or employee during an inspection or investigation. A Compliance Officer wanting to interview a field or network operations employee must be accompanied by a local manager. 17

WHEN OSHA KNOCKS After the inspection, management representatives should meet to discuss the outcome

WHEN OSHA KNOCKS After the inspection, management representatives should meet to discuss the outcome and plan for action, as needed. n If a notice of violation is received, it must be posted in the area of the offense for at least three days. n Before paying any fines issued by OSHA, consult with counsel. n 19

WHEN OSHA KNOCKS Types of Inspections There are five types of inspections that OSHA

WHEN OSHA KNOCKS Types of Inspections There are five types of inspections that OSHA conducts. These are listed in their order of importance, as determined by OSHA: 1. Imminent Danger - Imminent danger situations are given top priority. An imminent danger is any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures. When an imminent danger situation is found, the Compliance Officer will ask the employer to voluntarily abate the hazard and to remove endangered employees from exposure. Should the employer refuse, OSHA will apply to the nearest federal District Court for legal action to correct the situation. 2. Catastrophic and Fatal Accidents - Second priority is given to investigation of fatalities and catastrophes resulting in hospitalization of three or more employees. 24

WHEN OSHA KNOCKS Types of Inspections - continued 3. Employee Complaints - Each employee

WHEN OSHA KNOCKS Types of Inspections - continued 3. Employee Complaints - Each employee has the right to request an OSHA inspection when the employee feels that he or she is in imminent danger from a hazard or when he or she feels that there is a violation of an OSHA standard that threatens physical harm. If the employee so requests, OSHA will withhold the employee’s name from the employer. 4. Programmed High Hazard Inspections - OSHA establishes programs of inspection aimed at specific high hazard industries (accident rate or experience modification rate), occupations, or health hazards. Workplaces are selected for inspection on the basis of death, illness and injury rates, employee exposure to toxic substances, and the like. 5. Re-inspections - Establishments cited for alleged serious violations may be re-inspected to determine whether the hazards have been corrected. n Justification for any given visit may be different in various states since some states come under federal OSHA and other states come under their own state plans. 25

WHEN OSHA KNOCKS n n In order to have the most "effective" inspection, the

WHEN OSHA KNOCKS n n In order to have the most "effective" inspection, the following suggestions should be considered: Answer any questions truthfully, without directly admitting guilt. Never knowingly give false statements or intentionally mislead a Compliance Officer. If you do not know the answer to a question, explain that you are not certain and that you will look into the matter further, as necessary. Be concise when responding to questions. Do not offer information unless asked for it. 26

WHEN OSHA KNOCKS n n "effective inspection” continued Do not talk about accidents or

WHEN OSHA KNOCKS n n "effective inspection” continued Do not talk about accidents or incidents that have occurred in the past unless specifically asked to do so. If the Compliance Officer takes a photograph, measurements, etc. you should copy their action. Don’t be afraid to ask what or why they are looking at something. Be courteous. Do not be rude to the Compliance Officer or argue with him or her. 27

WHEN OSHA KNOCKS n n n "effective inspection” continued Fix or correct whatever you

WHEN OSHA KNOCKS n n n "effective inspection” continued Fix or correct whatever you can during the inspection. OSHA has a “quick fix” program that drastically reduces the amount of the penalty. OSHA has the right to speak to employees in private, so be prepared for them to ask you to step aside while they interview your employees. Do not discuss political views regarding OSHA or the government. 28

CLOSING CONFERENCE n OSHA should offer, or you should request, a closing conference. This

CLOSING CONFERENCE n OSHA should offer, or you should request, a closing conference. This can occur the day of the initial visit, sometimes days or weeks after the inspection, especially if OSHA is waiting for information from you or others. n OSHA should disclose the potential violations they found during the closing conference. If you have information that contradicts the violation, present it during the closing conference. n Eliminating violations during the initial visit or in this part of the process is easier than waiting until the violations are issued. 29

CITATIONS AND PENALTIES After the OSHA Compliance Officer reports findings to his or her

CITATIONS AND PENALTIES After the OSHA Compliance Officer reports findings to his or her office, the area district manager or director along with the Compliance Officer determines what citations, if any, will be issued and what penalties will be proposed. The types of violations and penalties which may be proposed are: Other than serious violation - A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. The maximum proposed penalty for this type of violation is $7000. ¨ Serious violation - A violation where there is substantial probability that death or serious physical harm could result, and that the employer knew, or should have known, of the hazard. The maximum proposed penalty for this type of violation is $7000. Imminent danger situations are also cited and penalized as serious violations. ¨ 30

CITATIONS AND PENALTIES continued ¨ Willful violation - A violation that the employer intentionally

CITATIONS AND PENALTIES continued ¨ Willful violation - A violation that the employer intentionally and knowingly commits. The employer either knows that the operation constitutes a violation, or is aware that a hazardous condition exists and made no reasonable effort to eliminate it. The penalty range for this type of violation is $5000 to $70, 000. ¨ Repeated violation - A violation of any standard, regulation, rule, or order where, upon re-inspection, another violation of the same previously cited section is found. Repeated violations can bring fines of up to $70, 000. 31

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