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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
Cal/OSHAAre Your ready?

Dr. Don RhodesSafety Dynamics Group

Presented by

Greater Lakewood Chamber of CommerceJanuary 29, 2013

cal osha is coming what to expect

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
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

minimum standards
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

state program or federal program
STATE PROGRAM ORFEDERAL PROGRAM
  • Federal OSHA created in 1970
  • Cal/OSHA created in 1973
  • Now 26 states Federal / 26 State
general duty clause
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."

why ab 2774
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.
the 5 000 fine
The $5,000 fine

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

serious physical harm
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
door is wide open
Door is Wide-open

Under 2774 interpretation, serious physical harm may be caused by a single or repetitive practice, means, method, operation or process.

four scariest words
Four Scariest Words
  • “60 Minutes is HERE!”
  • “Cal/OSHA is HERE!”
  • Are you ready
inspection triggers
Inspection triggers
  • Imminent danger
  • Catastrophes and fatal accidents
  • Complaints and referrals
  • Follow-up inspections
  • Targeted High-hazard Industries
osha inspections
OSHA INSPECTIONS
  • Cal/OSHA Inspector presents credentials
  • Inspector asks to meet an appropriate employer representative
  • Employees trained to notify management
confirm identity
Confirm identity
  • Employers should always ask to see credentials
  • Employer may call local Cal/OSHA office to verify identity of inspector
opening conference
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
opening conference1
Opening Conference
  • Inspector will ask for an authorized employee representative (union rep) to accompany them during the inspection
the inspection process
The Inspection Process
  • Trade secrets remain confidential
  • Employees are protected from retaliatory discrimination for exercising their rights
the inspection process1
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
the inspection process2
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
the inspection process3
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)
the inspection process4
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
the closing conference
The Closing Conference
  • Inspector reviews all observed unsafe and unhealthful conditions
  • Inspector indicates violations for which a citation and penalty may be issued
the closing conference1
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
after the closing conference
After the Closing Conference
  • Inspector reports findings
  • Area Director determines whether citations will be issued and whether penalties will be proposed
citations
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
citations1
Citations
  • Regulations and standards alleged to have been violated
  • The proposed length of time set for their abatement
violations
violations
  • Other-than-serious
  • Serious
  • Willful
  • Repeated
  • Failure-to-abate
other than serious
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)
serious
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
willful
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
willful1
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
repeat
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
failure to abate
Failure-to-Abate
  • Employer fails to correct a prior violation
  • Penalties up to $7,000 per day beyond the prescribed abatement date
additional violations
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
appeals and reviews
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
citation
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
a good safety program
A good safety program
  • Protects your employees
  • Protects your business
  • Passes a Cal/OSHA Inspection
safety and health program
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