What To Do When OSHA Comes Knocking (and a bit more) Mat Todaro

Transcription

1 What To Do When OSHA Comes Knocking (and a bit more) Mat Todaro mtodaro@verrilldana.com

2 Presentation Focus 1. Background: Agency Jurisdiction & Inspection Figures 2. What To Do When OSHA Comes Knocking 3. Action Item: Impending Deadline OSHA 300 Logs

3 Agency Background FEDERAL LEVEL 1970, Congress created the Occupational Safety and Health Administration (OSHA) to ensure healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. OSHA is part of the Federal Department of Labor Jurisdiction: OSHA covers most private sector employers and workers and employees of the federal government Local offices: Augusta and Bangor

4 Agency Background STATE LEVEL The Maine Department of Labor implements Maine s OSHA standards (The Maine State Plan). The Maine State Plan has adopted OSHA s occupational safety and health standards with a few minor deviations. Jurisdiction: State and local government employees Local office: Augusta

5 OSHA Inspection Figures ? Figures cited from

6 Before a Compliance Officer is Onsite 1. Develop a Plan 2. Basic Elements of Plan: Designate trusted company representative Create an OSHA Inspection Binder Think through ideal facility routes

7 When a Compliance Officer is On-Site Step 1: Invite them in or make them wait? OSHA s authority is based upon one of two elements: 1. Your voluntary consent 2. A valid search warrant Thus, the inspection proceeds when YOU are ready Designated representative is available» May even be outside counsel Before opening the door: Space is available Inspector will likely agree to wait; warrant takes longer Binder has been retrieved You and facility are ready to be inspected

8 When a Compliance Officer is On-Site Step 2: Opening Conference Request identification of Compliance Officer Request explanation for inspection Industry-specific targeting Informal employee complaint Response to an injury, illness or near-miss Most inspections are the result of employee complaint: Obtain a copy of the complaint Do not comment on nature of complaint

9 When a Compliance Officer is On-Site Step 2: Opening Conference RECORDS Provide only records specifically requested» Routine requests include: 300 Logs (3 years) Emergency evacuation plan Hazard Communication Plan Bloodborne Pathogens program Lockout/Tagout program» Compliance officers generally agree to accept records after visit if necessary» Make two copies: one for OSHA; one for your inspection file. Notify OSHA of split photos

10 When a Compliance Officer is On-Site Step 2: Opening Conference INTERVIEWS General employees: no right for company representative to be present» Offer representative but make clear the choice is theirs» Always advise employees to speak truthfully Employers should debrief with employees following interview Management Interview: right for company representative to be present

11 When a Compliance Officer is On-Site Step 2: Opening Conference Protect trade secrets Disclose in opening conference

12 When a Compliance Officer is On-Site Step 3: The Inspection Opening Conference should provide direction for inspection NOT general inspection unless designated» For example: if employee complaint or accident took place in loading dock, inspector is NOT authorized to inspect areas unrelated to loading dock. Caveat: Officer can include violations in plain view» Officers are trained to gradually expand inspection to encompass other areas of business so chose your route carefully, even if it involves leaving the building and returning

13 When a Compliance Officer is On-Site Step 3: The Inspection Shadow Officer Take detailed notes on all observations If officer takes picture, take picture of similar area If officer takes samples, request data Remember: Walking Inspection is ON the record Do not volunteer information

14 When a Compliance Officer is On-Site Step 4: The Closing Conference May take place immediately or at a later date Especially if test results are necessary Ask for copies of all documents Request follow-up meeting before committing to actions, if possible

15 Top Five Mistakes 1. Lack of preparation 2. Allowing management interviews without a company representative 3. Coaching employees 4. Admissions during walking inspection 5. Treating accident-related investigations in the same manner as routine inspections

16 Action Item: Impending Deadline OSHA 300 Logs Logs must be posted annually: February 1 April 30 Purpose of Logs: To require employers to record and report work-related fatalities, injuries and illnesses 29 CFR 1904 Two important items to remember: 1. Recording and reporting an injury does not mean the employer or employee was at fault, a federal law has been violated, or that the employee is eligible for Workers Compensation or other benefits. 2. OSHA injury and illness recording and reporting has no impact on Workers Compensation.

17 Three OSHA Forms To Remember 1. OSHA Form 300 Log of Work-Related Injuries and Illnesses 2. OSHA Form 301 Injury and Illness Incident Report 3. OSHA Form 300A Summary of Work- Related Injuries and Illnesses 3 4

18 OSHA 300 Log: 4 Step Process 1. Did the employee experience an injury or illness? 2. Is the injury or illness workrelated? 3. Is the injury or illness a new case? 4. Is the injury or illness one of OSHA s specific cases?

19 - CAUTION - Watch for Legal Distinctions

20 OSHA Form 300: Recording a Case Document cited from 8 9

21 OSHA Form 301: Incident Report Document cited from 14

22 OSHA Form 300A: Summary 14Document cited from 15

23 Keep the Forms on File On file and update for 5 years Do not send copies to OSHA unless asked to do so* Allow access to the records if requested by OSHA or employee *OSHA requires some categories of employers to submit Form 300A on an annual basis

24 Posting of Forms Maintained on a calendar year basis Summary of records for the previous year must be posted soon: February 1st - April 30th Common area accessible to employees

25 Reporting to OSHA All employers must REPORT to OSHA any accident that result in a fatality within 8 hours. All employers must report to OSHA within 24 hours any accident that results in the following: Hospitalization of an employee Amputation Loss of an eye

26 Thank You Mat Todaro (207)