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The Pennsylvania OSHA Consultation Program 25,000 Clients Can't Be Wrong. Federal Mandate. Occupational Safety and Health Act of 1970 Enforcement Consultation Each State and US Territory must provide consultation Funded by Federal OSHA - 90% and PA DOL&I - 10%
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The Pennsylvania OSHA Consultation Program 25,000 Clients Can't Be Wrong
Federal Mandate • Occupational Safety and Health Act of 1970 • Enforcement • Consultation • Each State and US Territory must provide consultation • Funded by Federal OSHA - 90%and PA DOL&I - 10% • 1 of 50 OSHA Consultation Programs nationally • 1 of 12 university based programs… 2nd largest in U.S.
Primary Objectives • Assist PA employers with: • complying with the Occupational Safety and Health Act • preventing occupational injuries, illnesses and disabilities • preserving their workers lives and livelihoods • minimizing property damage and costs • avoiding OSHA penalties, fines and criminal prosecutions • reducing workers compensation costs and third party liability exposures • attaining and sustaining business viability
History • Housed at IUP since 1983 • Recognized as an exemplaryConsultation Program by OSHA • Serves as a model for other states • Rated as outstanding by employers consistently • Closely affiliated with the IUP “world-class”Safety Sciences program IUP Safety Sciences offers undergraduate, graduate and doctoral programs in occupational safety and health
Staffing • Consultants strategically located throughout Pennsylvania • Highly experienced… 20-40 yearrange • Board certified safety professionals and industrial hygienists
Designed for Smaller Businesses • Designed specifically for small to medium-size businesses • 250 employees at a single site or 500 corporate wide • Priority assistance given to: • employers in high-hazard industries • involved in hazardous operations • Large business requests honored as well…but limited scope
OSHA Consultation Video(alternative YouTube video link HERE)
Services Performed • Onsite • Physical hazard evaluations • Industrial hygiene exposure monitoring • Regulatory required program assessment and development assistance • Regulatory required training assessment and delivery • Post OSHA inspection compliance assistance • Safety and health management program development assistance… leading to OSHA inspection deferral • Offsite • Daily telephone, email assistance • Interventions, presentations and seminars
Process Overview • Requests received and assigned to consultants • Onsite visit • Opening conference • Review of regulatory program, training and recordkeeping requirements • Walkthrough of facility • Physical hazards evaluation • Closing conference • Report defining OSHA violations, correction recommendations and completion timelines • Correction assistance provided • Potential follow-up visits • correction verification • training
No Citations, No Penalties • Different than OSHA enforcement • Citations for violations… are not issued • Penalties for violations… are not imposed • The“catch” • Employer must agree to correct any “serious or imminent danger” hazards identified • Must refer to OSHA Enforcement if employer refuses to correct hazards…very rare!
Confidential • Must maintain total employer confidentiality • Cannot divulge any information to: • OSHA Enforcement • lawyers pursuing liability cases • Protected from subpoena’s • Will not trigger an OSHA inspection… • may prevent one, • will definitely reduce the impact if one occurs
Impact on PA Employers • Consultants visited over 25,000 PA worksites • Helped employers correct over 150,000 serious and other than serious hazards • Saved employers over $1 billion in potential OSHA fines since 1983 • Assisted employers in preventing countless worker injuries / illnesses and deaths
Costs and Savings • Freeof chargeto eligible employers • Will lead to: • Avoided OSHA penalty and litigation costs • Reduced workers compensation costs • Minimized equipment damage and product losses • Additional cost savings…Safety and Health Consultants can costemployers$250+/hour One consultant identifies an average of 7 serious and other-than-serious hazards, SAVING the employer approximately $90K in OSHA fines per visit
Other Business Benefits • Lowered Injury and Illness rates • Reduced Workers Compensation - Experience Modification Rates (EMR) • Enhanced worker morale • Increased productivity • Better product or service quality • Improved competitive position • Business sustainability
OSHA’s New Penalty Structure Congress authorized OSHA to raise penalties every year going forward !
OSHA & Department of Justice Partnering • In 2016, the DOJ began pursuing federal Title 18 offenses • Providing false statements, • obstruction of justice, • tampering with witnesses or evidence, • conspiracy, • environmental or worker endangerment crimes. • Criminal Prosecution • Felony convictions • 5 – 20 years in jail • significant financial penalties
SHARP • The Safety and Health Achievement Recognition Program (SHARP) • must have an exemplary safety and health management system • must have OSHA rates better than their industry average • deferred from OSHA programmed inspections… for up to 3 years!
Pre SHARP - Inspection Deferral • Can’t meet all SHARP eligibility criteria • Committed to meeting SHARP requirements • Recommended for inspection deferral… up to 18 months
Conclusion • OSHA Consultation is a great service for Pennsylvania employers • We often hear“this is OSHA’s best kept secret” • Significant backlog of requests, approximately more than 300+ employers…nearly ½ year for entire staff • Repeat business… tells the story
Requesting Assistance • Phone: 800-382-1241 • Website: http://www.iup.edu/pa-oshaconsultation