MAMF Meeting - September 22, 2011 - Yonkers, NY -

1. MAMF Meeting- September 22, 2011 - Yonkers, NY - and The Metal Finishing Industry - An Overview of the Agency and It’s Impact on the Plating Industry - Risk Management Planning Group, Inc. 211 Station Road - Suite 700 Mineola, New York 11501

2. The Occupational Safety and Health Administration The Act of 1970 (Walsh-Healy) “…to assure safe and healthful working conditions for working men and women…” • by authoring 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

3. The Occupational Safety and Health Administration Structure • Department Of Labor • Assistant Secretary - David Michaels • 10 Regional Offices • Region II (Manhattan) – NY, NJ, PR, VI • Area Offices • Queens • Westbury • Tarrytown • Albany • Syracuse • Buffalo • Avenel, NJ (Staten Island)

4. The Occupational Safety and Health Administration Typical Area Office Structure • Area Director • Asst. Director • Compliance Assistance Specialist • Alliances • Outreach Training • Compliance Safety and Health Officers (CSHOs) • Federal Officers • Trained in the Standards and in recognition of Safety and Health hazards • Traditional workplace safety expertise • Industrial hygiene expertise

5. OSHA’s Purpose Develop Job Safety and Health Standards • Title 29, Code of Federal Regulation – LABOR • General Industry Standards • Special Industries • Construction Industry Standards • The General Duty Clause (5a) (from the Act) “ Each employer 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…”

6. OSHA’s Purpose Enforcement of Standards Research in the S&H Field • NIOSH (National Institute for Occupational Safety and Health) • ANSI (American National Standards Institute) • Alliances Maintaining Reporting and Recordkeeping System • Injury and Illness Report (OSHA 301) • Log of Work Related Injuries (OSHA 300) • Summary of Work Related Injuries and Illnesses (OSHA 300A) Establish Separate Rights and Responsibilities

7. OSHA’s Current Focus • Strong, Fair, and Effective Enforcement • Outreach, Education, and Compliance Assistance • Partnerships and Cooperative Programs • Alliances • National and Regional Emphasis Programs • June 2011 – NEP for the Primary Metals Industry • “…minimizing or eliminating exposure to chemical hazards and physical hazards…” “…inspecting facilities that manufacture primary metals and metal products…” • OSHA en Espanol - Hispanic Outreach Program

8. Why Me??? Fatal or “Serious” Accidents Referral Inspections “In Plain View” Inspections Emphasis Program Inspections Recordkeeping Inspection Employee Complaint

9. Citations and Penalties Other-Than-Serious Up to $7,000. “…the most serious injury or illness that would be likely to result from a hazardous condition cannot be predicted to cause death or serious physical harm…but does have a direct and immediate relationship to their safety and health.” Serious Up to $7,000. “…when the workplace hazard could cause injury or illness that would most likely result in death or serious physical harm, unless the employer did not know or could not have known of the violation.” Failure to Abate Up to $7,000 per day “…when the employer has not corrected a violation for which OSHA has issued a citation and the abatement date has passed…” Repeated Up to $70,000. “…if that employer has been cited previously for a substantially similar condition… “ “A citation is currently viewed as a repeated violation if it occurs within 3 years either from the date that the earlier citation becomes a final order or from the final abatement date, whichever is later.” Willful From $5,000 to $70,000. “…a violation in which the employer knew that a hazardous condition existed but made no reasonable effort to eliminate it and in which the hazardous condition violated a standard…”

10. Impact on Industry Members Compliance with the Recordkeeping Standard • Forms 300, 300A, AND 301(OR EQUIVALENT) • Current and prior 5 years Hazard Communication Standard • Site-specific written program • Chemical Inventory • MSDS’s • Labeling • Annual and Refresher training Fire Safety • Exits clearly identified and unobstructed • Annual inspections of fire suppression systems • Flammable and combustible material storage areas

11. Impact on Industry Members Personal Protective Equipment Standard • Documented Hazard Assessment • Site-specific written program • Annual and refresher training Respiratory Protection Standard • Documented Exposure Assessment • Site-specific written program • Respiratory Protection training • Medical Evaluation Forms • Annual Fit-Testing Occupational Noise Exposure Standard • Noise level monitoring • Personal monitoring • Hearing Conservation Program • Audiometric testing

12. Employer Rights To refuse entry To ask why they are there To request postponement of an inspection To accompany CSHO’s during inspection • Except employee interviews To question all monitoring and measuring To take photos and measurements To a closing conference

13. Employer Rights – After Inspection Request an Informal Conference • Within 15 working days of receipt of citations • With the Area Director to discuss the citation and penalty • Obtain a better explanation of violations • Dispute citations based upon improper application of a standard • Present additional information not evident in the inspection • Negotiate and enter into an informal settlement agreement • Discuss problems concerning abatement dates Contest in Writing • Within 15 working days of receipt of citations • Must clearly state what is being contested - the citation, penalty, or abatement date or any combination of factors • Must be made in good faith – not solely to avoid your responsibilities • Can be filed after an informal conference, but within the 15 day window • Once Notice of Intent to Contest is filed, the case is officially in litigation • Case is forwarded to Occupational Safety and Health Review Commission • Commission assigns case to an Administrative Law Judge who schedules a hearing • Judge ultimately affirms, modifies, or eliminates the contested items Petition for a Modification of Abatement • You are unable to meet an abatement date and the 15 day contest period has expired • Submitted no later than 1 working day after the abatement date • Must show good faith effort to comply and steps you have taken

14. RMPG Services • Presentations: Employer and Employee Rights and Responsibilities • Investigation of serious accidents • Compliance Assessment – Determining the Compliance Posture • Site/Facility Surveys • Interviews • OSHA Recordkeeping Review • Required compulsory program review • Required compulsory training review • Review of Environmental and Personal Monitoring

15. RMPG Services • Compliance Measures • Position Paper • Interpretation of cited standards and applicability to client • Safety and Health Program Development and Implementation • Compulsory programs as determined by the Compliance Assessment • Compulsory training as determined by the Compliance Assessment – Bi-lingual. • Respiratory Protection Services • Written program development • Medical evaluation review by PLHCP • Fit testing • Training • Recordkeeping set-up and training • Specific hazard abatement

16. RMPG Services • Client Representation • During OSHA inspections • At Closing Conferences after inspections • Request on behalf of and represent client at Informal Conference • Preparation of responses to Non-Formal Complaints • Subject Matter Expertise availability to client’s Counsel • Citations and Penalties • Review citations for applicability; defend ability • Negotiations to mitigate seriousness of citations and reduction of penalties • Negotiation of hazard abatement time frame • Letters of Contest • Settlement Agreements

17. Thank You!!! On behalf of the entire RMPG team, We thank you…. • For the invitation • For the opportunity to address you • For your attention and cooperation • For a great dinner and the opportunity to meet nice people!!! Michael Huthwaite – (516) 535-4940 michael.huthwaite@RMPG.com Janet B. Murphy – (516) 852-8231 janet.murphy@RMPG.com