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Cal/OSHA Are Your ready?

Cal/OSHA Are Your ready?. Dr. Don Rhodes Safety Dynamics Group Presented by Greater Lakewood Chamber of Commerce January 29, 2013. Cal/ osha is coming: what to expect. Dr. Don Rhodes. Safety Dynamics Group, Inc. 562-425-4886. 4,609 us workers died on the job in 2011.

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Cal/OSHA Are Your ready?

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  1. Cal/OSHAAre Your ready? Dr. Don RhodesSafety Dynamics Group Presented by Greater Lakewood Chamber of CommerceJanuary 29, 2013

  2. Cal/osha is coming:what to expect Dr. Don Rhodes Safety Dynamics Group, Inc. 562-425-4886

  3. 4,609 us workers died on the job in 2011 “With every one of these fatalities, the lives of a worker’s family members were shattered and forever changed. We can’t forget that.” - Former US Secretary of Labor Hilda Solis

  4. Minimum standards “OSHA was developed to ensure a safe and healthful environment for workers by setting minimum standards for workplace safety and health.” Introduction to 29 Code of Federal Regulations

  5. STATE PROGRAM ORFEDERAL PROGRAM • Federal OSHA created in 1970 • Cal/OSHA created in 1973 • Now 26 states Federal / 26 State

  6. General Duty Clause Each employer "shall furnish . . . a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

  7. Why Ab 2774? • Rate of serious citations of all citations issued • Fed-OSHA: 77% • National average: 43% • California: Only 19% • California used a different definition for “serious physical harm,” equating it only with serious physical injury. • Threat of Fed-OSHA take-over.

  8. The $5,000 fine Failure to report a serious injury to Cal/OSHA within 8 HOURS will result in a mandatory $5,000 fine.

  9. Serious physical harm • Injury or illness (Cal/OSHA REPORTABLE) • Inpatient hospitalization in excess of 24 hours • Loss of any member of the body • Any serious degree of permanent disfigurement • Loss of functionality for more than 72 hours • Serious illness or impairment of organ function or nervous system

  10. Door is Wide-open Under 2774 interpretation, serious physical harm may be caused by a single or repetitive practice, means, method, operation or process.

  11. Four Scariest Words • “60 Minutes is HERE!” • “Cal/OSHA is HERE!” • Are you ready

  12. Inspection triggers • Imminent danger • Catastrophes and fatal accidents • Complaints and referrals • Follow-up inspections • Targeted High-hazard Industries

  13. OSHA INSPECTIONS • Cal/OSHA Inspector presents credentials • Inspector asks to meet an appropriate employer representative • Employees trained to notify management

  14. Confirm identity • Employers should always ask to see credentials • Employer may call local Cal/OSHA office to verify identity of inspector

  15. Opening Conference • The Inspector: • Explains the purpose of the visit and how the establishment was selected • Provides a copy of the complaint (if applicable) • Explains what the scope of the inspection will be

  16. Opening Conference • Inspector will ask for an authorized employee representative (union rep) to accompany them during the inspection

  17. The Inspection Process • Trade secrets remain confidential • Employees are protected from retaliatory discrimination for exercising their rights

  18. The Inspection Process • The Inspector: • Determines route and duration of the inspection • Walks thru the establishment to identify safety and health hazards • Is allowed to talk privately with employees about health and safety practices

  19. The Inspection Process • The Inspector may : • Note safety and health conditions and practices • Take photos/video recordings • Measure noise levels • Collect air samples to monitor employee exposure to toxic fumes, gases, and dust

  20. The Inspection Process • Evaluate existing engineering controls • Examine records and written programs • Cover part or all of an establishment • Examine safety reports (i.e., Injury logs, OSHA Form 300)

  21. The Inspection Process • Inspector points out unsafe or unhealthful conditions • Inspector discusses feasible corrective action • Violations corrected immediately may demonstrate good faith for penalty consideration

  22. The Closing Conference • Inspector reviews all observed unsafe and unhealthful conditions • Inspector indicates violations for which a citation and penalty may be issued

  23. The Closing Conference • Inspector will not indicate any specific penalty but informs employer of appeal rights • Good time for the employer to produce records of compliance efforts and provide information to help determine time frames for abatement

  24. After the Closing Conference • Inspector reports findings • Area Director determines whether citations will be issued and whether penalties will be proposed

  25. Citations • Employer will receive citations and notices by certified mail • Employer must post a copy of each citation at or near the place the violation occurred for three days or until it is abated

  26. Citations • Regulations and standards alleged to have been violated • The proposed length of time set for their abatement

  27. violations • Other-than-serious • Serious • Willful • Repeated • Failure-to-abate

  28. Other-Than-Serious • Direct relationship to job safety and health but would not cause death or serious physical harm • Penalty $0 to $7,000 • May be adjusted downward as much as 95% (size, good faith, and history)

  29. Serious • Substantial probability that death or serious physical harm could result • Penalty $6,000 to $18,000 • May be adjusted downward for size, good faith, and history

  30. Willful • Employer intentionally and knowingly • Is aware of the hazardous condition • Violates a standard or obligation of the Act • Makes no reasonable effort to eliminate the hazard

  31. Willful • Penalty $18, 000 to $70,000 • Criminal sanctions may be imposed by D.A. if it results in the death of an employee • Penalty of $50,000 ($1,000,000 corporation) • Six-month imprisonment • Or both

  32. Repeat • Inspection reveals a substantially similar violation is found and the original citation has become a final order • Penalties up to $70,000 for each violation

  33. Failure-to-Abate • Employer fails to correct a prior violation • Penalties up to $7,000 per day beyond the prescribed abatement date

  34. Additional Violations • Falsifying records, reports or applications - $10,000 or six months imprisonment or both • Posting requirements - up to $7,000 • Assaulting or intimidating or interfering with the inspection - $5,000 and three years imprisonment

  35. Appeals and reviews • Employers may appeal the citations • Employers may request an informal hearing with the Area Director • Obtain help from a safety professional to meet appeal deadlines and to negotiate penalties with Cal/OSHA

  36. citation • Will become the “final order,” without an appeal or if appeal is not submitted timely • Must be posted in a prominent location or given personally to each employee

  37. A good safety program • Protects your employees • Protects your business • Passes a Cal/OSHA Inspection

  38. Safety and Health Program • Elements of an effective safety and health program: • Management commitment and employee involvement • Worksite analysis • Hazard prevention and control • Safety and health training www.safetydynamicsgroup.com 562-425-4886

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