Cal/OSHA

1. Cal/OSHA NAVIGATING CAL/OSHA COMPLIANCE Peter Riley, Regional Manager Region 3 Division of Occupational Safety and Health Santa Ana, California 714 558-4300 Public Agency Safety Management Association (PASMA) November 14, 2013

2. Charter • “To ensure so far as possible that every man and woman has a safe place to work.”

3. Authority • California Labor Code • Criminal • Title 8 California Code of Regulations • Administrative

4. Inspections • Imminent Hazards • Referral from District Attorney • Accident Investigation • Formal Complaints • Informal Complaints • Planned Inspections • Follow-up Inspections

5. Inspection Process • Opening Conference • Walkthrough • Exit Conference • Closing Conference

6. Inspection Process • Opening Conference • Walkthrough • Exit Conference • Issuance of 1by • Closing Conference

7. Citation Classification • Regulatory • General • Serious • Repeat • Failure-to-Abate • Willful

8. Appeals Process • Filed Within 15 Working Days • Informal Conference • Pre-Hearing Conference • Hearing • Decision • Expedited Appeals

9. AB 2774 and Labor Code 6432 • Changed Definition for Serious • Defined Serious Physical Harm • Notification Form 1by • Defenses for Serious Classification

10. Changed Definition for Serious Violation • Substantial Probability of Death or Serious Physical Harm Assuming an Injury Occurred • Realistic Possibility of Death or Serious Physical Harm

11. Defined Serious Physical Harm • Inpatient Hospitalization • Loss of Any Member • Permanent Disfigurement • Impairment Sufficient to Cause a Part of the Body or the Function of an Organ to Become Reduced in Efficiency

12. Notification Form 1by • Notification Form sent to Employer 15 Days prior to Issuance Serious Citations • Inspector Must Consider Employer’s Response

13. Cal/OSHA 1by Form

14. Defenses for Serious Classification • Training for Employees and Supervisors • Procedures for Discovering, Controlling Access, and Correction Hazard • Supervision of Employees • Procedures for Communicating to employees H&S Rules • Any Additional Information

15. Effect of AB 2774 • Increase % of Serious Violations • Decreased % of Serious Violations • Employers Opportunity to Prevent the Issuance of Serious Violations • Occasionally/ Statements used Against Them

16. Omitting Title 8 Section Form 1by • Cal/OSHA • Not Required • Limits Enforcement Action • Employers • Can not Respond to 1by Without Title 8 Section

17. Decisions • Big Lots-”Realistic Possibility” • Kelly Global Logistics, Inc-”Realistic Possibility” • L3 Telemetry-Failure to Provide 1by • No Decisions on Defenses • No DARs

18. Decisions that Define Realistic Possibility • The board interpreted “realistic possibility” to mean a prediction “clearly within the bounds of human reason, not pure speculation.” (Janco Corporation, Cal/OSHA App. 99-565)DAR (Sep. 27, 2001)

19. Decision Regarding Failure to Provide 1by • Record is void of evidence that 1by sent • ALJ inferred that the Division did not intend to classify the violation as serious or that it did not have sufficient evidence to prove that classification

20. Recordable and Reportable Injuries and Illness • Recordable Injuries and Illnesses §14300 • www.californiaosha.info • Posting • Reportable Injuries and Illnesses §342(a) • Report all Serious Injuries to nearest District Office • Serious Injuries • Can not Delegate Responsibility to Report

21. Injury and Illness Prevention Program (IIPP) §3203 • Responsible Person • Sanctions/Enforcement • Communication • Inspections • Investigation Procedures • Correction Procedures • Training • Records

22. Responsibility for Health and Safety • Professional Employment Organizations • Independent Contractors • Dual Employer • Multi-employer • Multi-employer Defenses

23. Employee vs. Independent Contractor • Business Purpose • Economic Reality • Who Controls the Enterprise as a Whole • Opportunity for Profit or Loss • Investment in Tools, Equipment, and Supplies • Licenses • Written Agreement

24. Dual Employer Work Sites • Primary Employer • Does not have Direction and Control • Must Assure EEs • Covered by IIPP • Receives all Training • Provided with PPE • Secondary Employer • Has Direction and Control

25. Multi –Employer Work Sites • Exposing Employers • Creating Employer • Controlling Employer • Correcting Employer

26. Multi –Employer Defense • Employer did not create hazard • Employer did not have authority to correct hazard • Employer did not have ability to correct hazard • Other Employers notified of the Hazard • Employer Took Feasible Steps His Employees

27. Head Protection §3381 • Employees working in locations where there is a risk of receiving head injuries from flying or falling objects and/or electric shock and burns shall wear approved head protection

28. Emerging Regulations • ATD • Safe Patient Handling • Globally Harmonized System/Hazcom • Adult Film • Tunnel Safety Orders • Petroleum Safety Orders • Workplace Violence • PEL Development

29. Changes at Cal/OSHA • Prevention, Outreach, Transparency • Expanding PSM • Large Number Retirements • Hiring

30. Job Opportunities with Cal/OSHA • Assistant Safety Engineers • Associate Safety Engineers

31. Resources • Cal/OSHA Inspector • Cal/OSHA Consultation • Workers Compensation Carrier • Private Consultants • Internet • www.dir.ca.gov/dosh/

32. Questions