2012  OSHA  WEBINAR  SERIES  Prepare  Before  OSHA  Comes  Knocking:    Internal  Safety  Audits  and  the    Value  of  Training November  5,  2012  11:00  AM  EST  /  8:00  AM  PST

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Chris Manaro Sr. Account Executive Vivid Learning Systems

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Guest Speaker

Tiffani Hiudt Casey Attorney Fisher & Phillips, LLC

1. Integral part of any company’s safety and health management plan à Beginners plan à Fully developed plan

2. Demonstrates company commitment of safety and health à Employee Involvement à Improves Communications

Reasons for Conducting A Safety & Health Audit

3. OSHA requires employers conduct certain audits and inspections

à Example: personal protection equipment; lockout/tagout, confined spaces

4. Elimination of potential serious and repeat citations à Identify deficiencies à Document compliance

Reasons for Conducting A Safety & Health Audit

5. Provides company roadmaps for future improvement

6. Environmental audits may be specifically required or be an aspect of self-reporting or corrections efforts

Reasons for Conducting A Safety & Health Audit

7. Used to attack OSHA citation element of “the employer knew or should have known with reasonable diligence of a hazard

8. If you do not measure it - you cannot manage it. à Burying your head in the sand will not make it go away

Reasons for Conducting A Safety & Health Audit

9. Documents your successes as well as your failures

10. Helps to identify and track opportunities for improvement

Reasons for Conducting A Safety & Health Audit

1. Pre-shift or routine inspections à Example: forklifts

2. Routine construction inspection pursuant to 1926.20(b)(1) and 21(b) 3. Comprehensive audit/inspection pursuant to a company’s safety and health management program.

Types of Audits

4. Audits/inspections required by specific standards

à Example: PPE, lockout/tagout 5. Audit or investigation resulting from workplace event

à Fatality à OSHA inspection, formal or informal complaint

à Other – injury or near miss

Types of Audits

6. Audit or inspection as part of an abatement or similar obligation (i.e. legal claim settlement) 7. Comprehensive or “focused” audit by outside professional. 8. Environmental, DOT/FMCS and MSHA focused audits

Types of Audits

Types of Audits 9. VPP, SHARPS and other cooperative efforts

(i.e. consultation) 10. Follow-up audit to the original audit.

Practical Guidance In Audits 1. Structuring the audit

à Where the focus – safety, environmental, IH, etc.

à Where the scope à Departmental

à Plant-wide à Company

à Systematic approach to audit

Practical Guidance In Audits 2. Designing the audit – Content

à Develops checklist and metrics to identify problem areas as well as safety and health deficiencies

à Utilize root cause analysis as part of audit strategy

Practical Guidance In Audits 3. Staffing and Roles of Auditors

à Utilizing hourly employees, management or outside consultants

à Role of Safety Director and Safety Committee

à Upper management involvement

Practical Guidance In Audits 4. Tracking, analyzing and reporting audit results

à Search and destroy – on the spot correction

à Type of tracking tools or audit forms à Importance of customizing forms and

keeping them simple

Practical Guidance In Audits 4. Tracking, analyzing and reporting audit results (cont.)

à Issues requiring engineering changes, research, re-training or other measures necessitating additional time of employees

à Interim measures to protect safety

Practical Guidance In Audits 4. Tracking, analyzing and reporting audit results (cont.)

à Who analyzes findings à Who receives findings à Response to OSHA or other requests for

copies à Poor documentation

Practical Guidance In Audits 5. Follow-up on Audit

à Managing the results – Develop plan of action

à Tracking corrections or abatement à Obtaining management support for

findings and corrections

Practical Guidance In Audits 5. Follow-up on Audit (cont.)

à Analysis of current reports to apply to future audits

à Communicate audit results to employees à Utilize audit results as training tools à Planning for future audits

1.  Occupational Safety and Health Act of 1970 (as amended)

2.  Workers’ Compensation and the “exclusive remedy”

3.  Role of OSHA citations and inspections in civil and criminal claim

Legal Framework

Legal Framework 4. Union rights to information “necessary to

contract administration” 5. Privacy, HIPPA, ADA concerns 6. Role of privilege, self-critical analysis and

work product protections

When To Involve Counsel 1.  Catastrophes, death, “major” injuries and

tort or contracted exposure arising in multi-employer settings

2.  Ongoing abatement & correction programs 3.  Proprietary processes (trade secrets) 4.  Certain environmental efforts 5.  Highly litigious or hazardous industries

1.  Problem with reliance on “self-critical analysis”

2.  Privilege as applied to self audits à Setting up à Role of consultants à Role of employer personnel à Information controls and waives à In-house counsel considerations

Use of Privilege, Self-Critical Analysis and Work Product Protection

Use of Privilege, Self-Critical Analysis and Work Product Protection

3. Work product protection – in anticipation of litigation

4. Criminal law consideration

The Value Of Training 1.  Technical compliance

2.  Reduce the number of audit findings 3.  Employee Buy-in 4.  Use audit information to create training

programs

Conclusion à Safety and Health audits allows company to measure performance success and identify hazardous deficiencies. à Safety and Health audits involve participation by all levels within the facility – helps develop sense of ownership in company. à Safety and Health audits eliminates hazards and allow employees to go home safe every night to their families and loved ones. PRICELESS.

Questions & Answers

à Submit questions using the question box on your screen à Submit questions via Twitter by referencing the hash tag: #VLSchat when tweeting about this webinar

à Additional questions can be submitted after the webinar by contacting Chris Manaro at: cmanaro@learnatvivid.com

Fisher & Phillips LLP is dedicated exclusively to representing employers in the practice of employment, labor, benefits, OSHA, and immigration law and related litigation.

Tiffani Hiudt Casey tcasey@laborlawyers.com Fisher & Phillips LLP 404- 240-4238

www.laborlawywers.com THESE MATERIALS AND THE INFORMATION PROVIDED DURING THE PROGRAM SHOULD NOT BE CONSTRUED AS LEGAL ADVICE OR AS CRITICAL OF THE CURRENT OR PAST ADMINISTRATIONS.

Questions & Answers

Thank you for your participation!

Additional Questions? Chris Manaro 1-800-956-0333 cmanaro@learnatvivid.com