What to Do when OSHA is at your door Tonya Howard-Taylor M.P.H Industrial Hygienist Los Angeles Department of Water and Power
Outline DOSH organization Enforcement Vs. Consultation Reasons DOSH come to jobsite Programmed/Unprogrammed inspections High Hazard industry List (abbreviated)
Outline Step by step OSHA Inspection Citations Appeals
DOSH Organization DOSH Division of Occupational Safety & Health Enforcement Standard Board Appeals Board Legal unit Consultation
The Cal/OSHA Enforcement unit vs. Consultation unit
The Cal/OSHA enforcement unit Enforcement takes Precedence Over Consultation Enforce and administer all occupational safety and health standards & regulations in California. https://www.dir.ca.gov/dosh/enforcementpage.htm
The Cal/OSHA enforcement unit Conducts inspections in response to a report of an industrial accident, a complaint about an occupational safety and health hazard, or as part of an inspection program targeting industries which have a high rate of occupational hazards, fatalities, injuries or illnesses.
The Cal/OSHA Enforcement unit Issue citations, orders & notices Levy civil Penalties Specify abatement requirements & date to correct unsafe conditions
Consultation Consulting services are designed to reduce/eliminate workplace injuries and illnesses through voluntary compliance with occupational safety and health regulations and best practice improvements.
Consultation This is done through a variety of services from Cal/OSHA Consultation including: Free onsite visit Offsite consultation Educational Material & Research Outreach assistance
Reasons CAL OSHA Enforcement may come to your facility/jobsite Unprogrammed Inspections Programmed Inspections
Reasons Cal-OSHA may Visit work site Self reported Injury/death Emergency services reported injury/death Complaint by employee Special program focus Drive by on the way to another job site Routine inspections Process safety management High Hazard Industry
Programmed Inspections are initiated by an inspection schedule based upon objective criteria developed by the Division https://www.dir.ca.gov/doshpol/p&pc-1.htm
Programmed Inspections Targeted Employers Inspection List(s) (eg. High Hazard Employer) Special Emphasis Inspection List(s) (e.g Heat Stress) Carcinogen Registration List; Asbestos Notification List; Crane Certifiers List; Construction Activity Permittee List Mine tunneling inspections Any other source developed by the Division https://www.dir.ca.gov/doshpol/p&pc-1.htm
Unprogrammed (a) Imminent Hazard Inspections; (b) Fatality or Catastrophe Inspections; (c) Serious Injury or Illness Inspections; (d) Complaint Inspections; and (e) Follow-up Inspections. https://www.dir.ca.gov/doshpol/p&pc-1.htm
DOSH High Hazard Industry List Adapted from DOSH 2013 2014 HIGHEST HAZARD INDUSTRY LIST NAICS INDUSTRY DART EMPLOYER EMPLOYEE 481 Transportation Air 6.8 509 41,164 31141 Manufacturing Frozen Food 5.9 109 12,328 2213 Utility 23813 Construction Water sewage & other 5.4 636 31,955 Framing Contractor 5.4 760 9,330 https://www.dir.ca.gov/dosh/hhu_list.pdf
The OSHA Inspection Presentation of credentials badge/card Obtain permission to enter the worksite Permission to conduct an inspection Phone consent but request person walk through
The OSHA Inspection OPENING CONFERENCE Opening conference conducted with highest ranking representative ( except imminent hazard Joint Opening conference-employer, employee, bargaining unit Scope/ purpose inspection
The OSHA Inspection OPENING CONFERENCE Present informational materials Inform employee rights
The OSHA Inspection OPENING CONFERENCE Inspection/ Walk around ( interviews, photos, hazards observed, citations/ penalties (IIPP request) Document request forms Posting of Cal OSHA posters Workman comp insurance ( name) OSHA 300 log/ 5020 forms ( document request)
The OSHA Inspection OPENING CONFERENCE Permits, Registrations, Variances PPE Consent to Walk Around Expand scope ( partial/comprehensive) Authorized employee & bargaining unit participate
The OSHA Inspection WALK AROUND Required postings (Posters,permits,past citations,msds,list hazardous substance,workman comp, forklift operating rules, industrial welfare commission poster, Injury Illness annual summary Feb1- Apr 30)
The OSHA Inspection Interview Employees Good faith (co-op, compliance, attitude, correct hazard immediately) Photos Exit Conference/ Closing conference ( informal conference 10 work day, appeals hearing 15 work days)
The OSHA Inspection Follow up inspection Temporary variance No discrimination ( employee complaint)
The OSHA Inspection Refusal of Entry Legal Unit shall provide warrant
Citations Regulatory General Serious Willful Repeat Failure to abate
Citations issued September 2012-2013 SIC 4941 Water Supply CAL-OSHA 3203 general physical condition 3314 Control of hazardous energy Standard #Cited #Insp $Penalty Total 4 3 14,895 3203 2 2 85 3314 2 1 14810 https://www.osha.gov/pls/imis/citedstandard.html
Appeals process 15 working days to fill out appeals forms/ attach citation Stops the clock of 30 days to pay citation
Informal conference 10 working days See if can settle before go to hearing Do this after you have sent in the appeal Settlement without admission of violation
Resource DOSH P& P Policy and Procedures Manual https://www.dir.ca.gov/samples/searc h/querypnp.htm https://www.dir.ca.gov/doshpol/p&p C-1.HTM
Thanks for attending What to do when Cal OHSA is at your Door. The End Tonya Howard-Taylor tonya.howard-taylor@ladwp.com 213-367-6790