BEST PRACTICES & PROCEDURES

OSHACOMPLIANCE

MISSION STATEMENT To ensure the Safety & Health of America's

working men & women by enforcing standards & regulation ,providing training,

education, establishing partnerships & encouraging continual improvement in workplace Safety & Health as well as

development of comprehensive Safety & Health management systems

“IT’S ALL ABOUT THE PEOPLE”

Best Practices & Procedures

Superior Safety & Health 7 Days a Week Engagement , Motivation &

Empowerment of Teams Injury/Illness Free Environment

Provide Protection

Protect workers from all safety and health hazards that may exist at your workplace

Work with OSHA to identify and implement best practices to protect your workers

Develop an innovative injury and illness prevention program for your business that will protect your workers

Create a Culture

Create a better working environment free of safety and health hazards

Boost worker morale by involving workers in creating a culture that emphasizes a safe and healthful workplace

Improve communication among workers and management

Encourage safety in the community as workers may transfer safe and healthy work practices outside of the workplace

Build a Reputation

Receive official recognition from OSHA for your achievement of SHARP status and for maintaining an exemplary injury and illness prevention program

Become a leader in your industry by providing a safe and healthy workplace for workers

Attract skillful workers looking to join a business that is at the forefront of its industry in providing a safe and healthy workplace for its workers

Save Money

Lower worker compensation insurance premiums

Improve your worker retention and reduce costly turnover

Reduce worker days away from work to keep operations and production running smoothly

INSPECTION PRIORITY LIST Fatality – Catastrophe Imminent Danger Complaints – Referrals Programmed Inspection

Deviation from the priority list is allowed as long as justifiableOSHA will not perform inspections of employer’s home office defined as office work activities

INSPECTION Compliance officer is to be treated

courteously as first impressions dictate the course of the inspection & characterization of citations

Receptionist/guard is to immediately contact facility & safety managers

Notify corporate/main office & under no circumstances keep compliance officer waiting

INSPECTION REFUSAL Employer refuses to permit entry upon being presented

proper credentials or allows entry but refuses to permit or hinders the inspection in some way an attempt shall be made to obtain as much info as possible about the establishment

If employer refuses to allow inspection of the establishment to proceed the inspector shall leave premises & immediately report the refusal to the area director

Entry allowed but employer interferes with or limits any important aspect of the inspection , the inspector shall determine whether or not to consider this action as a refusal

Interfere means refusal to permit walk around , examination of records , taking of photographs/videos , private employee interviews

INSPECTIONCompliance officer will present credentials & have a informal opening conference with both the safety & facility managers with a reason why inspection is being conducted: Pursuant to general administrative enforcement plan Response to a specific safety or health complaint by an

employee or respective employees ( labor organization)

Response to a specific referral of a non employee ( government official, media member)

Response to a fatality or serious accident Investigate employee complaint or employer retaliation

against employees for their involvement in safety & health related activities protected by law

INSPECTION Compliance officer will review injury-

illness records for 3 prior years Request 300 logs – hours worked ,

average number of employees for each year & roster of current employees

Request on site medical facility or location of nearest emergency where employees may be treated

INSPECTIONRecording Criteria ( work related & illness) Death Days away from work Restricted work Transfer to another job Medical treatment beyond first aid Loss of consciousness Diagnosis of significant injury or illness

INSPECTION All requested records shall be presented

within (4) four business hours Maintenance manager along with safety

& facility manager’s should accompany compliance officer during the inspection in order to correct on the spot any minor repairs or housekeeping noted by the officer.

Do not admit ever say that the company believes the conditions corrected were OSHA violations

INSPECTION If proposed inspection is in response to a specific

complaint, although identity of complainant is confidential , compliance officer should provide a copy of complaint & should be requested

Company should seek to limit scope of inspection to the cited condition identified. If compliance officer persists to broaden the scope of the complaint he should be asked to wait until the company legal counsel is contacted. Even if the inspection starts out limited to scope it cab be broadened if the compliance officer sees or hears any other hazardous conditions

INSPECTIONCompliance officer will inquire about company safety programCRITICIAL those attending have working knowledge of facility safety & health procedures: Know written programs Know safety & heath training programs

are implemented Understanding of how accidents at facility

are investigated

INSPECTION

US Supreme Court rules that OSHA must obtain a warrant to gain entry to the premises of a company to conduct a investigation when the employer does not consent to the inspection. If you think the particular circumstances presented may justify

requiring OSHA to obtain a warrant or if any questions contact General Counsel Office

As a general rule consideration should be given to requiring a warrant when the compliance officer indicates during the open conference, although inspection is complaint/referral based , he intends to expand the scope of the inspection beyond the areas identified in the complaint/referral

If the compliance officer presents a inspection warrant upon arrival to the facility, photocopy the warrant & any supporting documentation & contact the General Counsel & corporate offices

INSPECTION Opening conference will be held jointly with both the

employer & if employee is requested, an employee representative

Compliance officer will explain purpose of visit & outline scope of inspection including scope of physical inspection of facility, records to be reviewed & whether management private employee interviews will be conducted

Compliance officer will also state during open conference whether inspection is safety oriented or health oriented

No legal obligation for employee to sign any written statement prepared by compliance officer

INSPECTION If proposed inspection is in response to a

specific complaint or referral, the company should seek to obtain a copy of the complaint

Identity of employee complaint is confidential

Compliance officer should provide a copy upon request

Compliance officer may decline to provide a copy

INSPECTION Company associates will take notes of all

comments & make notes of all photos & videos taken

Compliance officer may have private interviews & if management interviews company has right to have company representative present

If non management employees had interviews their names should be noted

A compliance officer audio or videotape the interview unless the employee being interviewed consents

INSPECTION If event such as violations of blocked

aisles , hazardous projections or other deficiencies the company reps (maintenance mgr.) should take immediate action where easy corrective measures can be accomplished

CLOSING CONFERENCE After inspection is completed the compliance

officer holds a closing conference & safety & health violations will be reviewed

The compliance officer will not reveal which items will result in citations/penalties

Statements made by company rep may effect the issuance of a citation /summons as well as the extent of the proposed penalty

Critical to maintain a courteous & professional demeanor

If compliance officer makes a incorrect statement , politely correct the officer

END OF INSPECTION

Inspector shall discuss apparent violations & other pertinent issue found during inspection & note relevant comments for establishing corrective dates & discuss strengths & weaknesses

Citations/Violations/Penalties Company has (15) fifteen working days to

notify OSHA in writing that it wishes to contest any citations/penalties

If company does not agree with citation ask for a informal conference with OSHA area director during the (15) day period

This provides opportunity for further discussion with the compliance officer & supervisor & the amount of penalty is often reduced as a result

Citations/Violations/Penalties Important the informal conference does

not extend the (15) working day requirement for filing of a written notice of contest

If the outcome of the informal conference is not satisfactory , the company may still want to contest the citation

Company can contest all or any part of alleged violations , proposed assessment of penalties or entire citation

Citations/Violations/Penalties If a notice of contest is filed contesting a violation as

long as the alleged violated condition is under contest, there is no duty to correct the condition

If the citation/penalties are not contested within (15) from receipt , the citation & assessment become a final order of the OSHA review commission which cannot be reviewed by any court or agency

Once a citation becomes a final order , it may be used as a basis as a REPEAT OR WILLFUL VIOLATION

This should be taken into consideration for future citations to contest decisions

Citations/Violations/Penalties If employer contests violation penalties

need not be paid until final order date Penalty factors: Gravity of violation Size of employee business Good faith of the employer Employers history of previous violations Gravity of violation is primary

consideration in determining penalty amounts

Citations/Violations/Penalties

Criteria To Investigate Possible Criminal Willful Violations Employer violated OSHA standard Violation was willful in nature Caused death of employee

PENALTY REDUCTION FACTORSPenalties may not exceed 100% dependent upon (3) things: Business size/number of employees Good faith History of previous violations

Parameters are as follows: Maximum of 60% ( 80% for serious willful violations)

reduction is limited for size Maximum of 35% reduction for good faith 10% reduction for no violation history

NO PENALTY REDUCTION CAN BE MADE MORE THAN 100%

Post Inspection Procedures

Immediately after compliance officer leaves facility manager should meet with all appropriate management reps to discuss the OSHA inspection & the compliance officers observations & findings

Facility manager is responsible for formulating a plan to respond to the officers observations & findings

The “Report of OSHA Inspection” must be completed within (24) hours of OSHA on site inspection

Post Inspection Procedures

If record keeping deficiencies suspected , request assistance from OSHA regional records coordinator

Implement Cleaning & Safety Program Daily Inspection Report/Check Off List(ex. pallets standing up , liquid on floor , pallets/product hanging off rack , racks damaged or bent causing weakened & hazardous situation)

100% COMPLIANCE PROCEDURES

On site OSHA consultation programs are available in all 50 states

There are a variety of services at NO COST to employer including (but not limited to) assisting in development & implementation of an effective safety & health management system

Offers training & education to employer & employees at work site

Smaller businesses in high hazard industries or those involved in hazardous operations receive priority

100% COMPLIANCE PROCEDURES SHARP

The state on site consultation program is separate from OSHA enforcement efforts

Under on site consultation programs no citations are issued nor are penalties imposed

SHARP – Program to recognize employees efforts to create a safe workplace & exempts them from programmed inspections

Sharp is designed to provide incentives & support those employees that implement & continuously improve effective safety & health management systems at their worksite & participants are exempt from OSHA programmed inspections.

100% COMPLIANCE PROCEDURES SHARP

Organizations can enter strategic partnerships with OSHA to address specific safety & health issues

In these partnerships OSHA enters into extended , voluntary , cooperative relationships with groups of employees & employee representatives in order to encourage , assist & recognize efforts to eliminate serious hazards & to achieve a high level of employee safety & health.

100% COMPLIANCE PROCEDURES SHARP

SHARP current participant inspector notifies area director to remove from OSHA General Programmed Inspection Schedule for the approved exemption period which begins on date the regional office approves the employers participation in SHARP

Initial exemption period is up to (2) two years.

The renewal exemption period is up to (3) three years based upon the recommendation of the consultation project manager

100% Compliance Implementation & Maintenance

Empowerment to Employees

Consultant will structure your environment to implement & maintain 100% compliance with ownership empowered to & self sustained by your employees of proper policies & procedures. Report of OSHA Inspection OSHA Inspection Notes Photography & Videotape Policy Acknowledgement of Trade Secrets &

Confidential Proprietary Information OSHA Inspection Checklist Inspection Identification Log