1 1

When MIOSHA

Enforcement Visits

Presented By:

Consultation Education & Training (CET) Division

Michigan Occupational Safety & Health Administration

Michigan Department of Licensing & Regulatory Affairs

www.michigan.gov/miosha

(517) 322-1809

2 2

Objectives

Explain the difference between OSHA and

MIOSHA.

Identify the options a company has when a

MIOSHA compliance officer visits.

Identify the process and procedures used

by a MIOSHA compliance officer when

conducting workplace inspections.

Explain the different reasons for MIOSHA

inspections

3 3

Who Is MIOSHA?

Michigan Occupational Safety and Health Act (MIOSHA) P.A. 154 of 1974, as amended.

Allows enforcement of the occupational safety and health regulations at a state level versus the federal level (OSHA).

Inspects all places of employment except, domestic employment, federal facilities, maritime, and mines.

4 4

Green = State Approved Plan

Blue = Federal Plan

5 5

Reasons For A MIOSHA

Inspection

1. Imminent danger

2. Fatality / Catastrophic

3. Accident investigations

4. Employee complaints

5. Program Initiated Routine safety / health inspections

6. Visual Activity or Dodge reports (construction)

7. Referrals (media, government agencies, or physician)

8. Follow-ups (re-inspections)

9. Monitoring inspections

6 6

Arrival At Site

No advanced notice

Identify his/herself

Ask for an employer representative

Present credentials and business card

Explain reason for visit

Relate need for opening conference

7 7

Opening Conference

8 8

Opening Conference

Explain employer’s and employee’s rights

Employer/Employee representative

Injury Log 300, supplementary reports

Written Programs

Receive copy of written complaint

9 9

Inspection

10 10

Inspection

Encourage dialogue and questions related to safety and health issues, and should offer suggestions and explanations as to how problems might be abated.

Conduct employee interviews

Compiles written and photographic documentation

Written description of recommendation violation

Additional visits required for health – air or noise monitoring based on data obtained during walk around.

11 11

Written Programs

12 12

Common Written Programs

Hazard Communication

Lockout/Tagout

Permit-Required Confined Space

Program

PPE Assessment

Others (eg. Respirators)

Documented training

13 13

Closing Conference

14 14

Closing Conference

Discuss each violation

Employer takes notes

Abatement period & suggested

methods

Review rights of an appeal and PRA

Penalty calculation done in Lansing

15 15

Penalty Reduction

16 16

Penalty Reduction Factors

Size of business reduction

Up to 80%

Past history (3 years)

10%

Good faith - up to 30%

17 17

Types of Violations

18 18

Types of Violations

De Minimis

Other Than Serious

Serious

Willful

Failure to abate

Repeat

Safety recommendation

19 19

Gravity Based Penalty Assessment

Probability

Severity

Number of exposed employees

Duration, proximity, frequency

Penalty assessed in accordance with

Field Operations Manual (FOM)

20 20

Citation Notice

Sent by certified mail

Sent to chief executive officer and union

representative if requested

Abatement period begins upon receiving it

21 21

What to do when the citation arrives?

Request an Penalty Reduction Agreement (PRA)

Accept the Findings

Disagree with the Findings

Posting requirements

22

Options for Handling Citations

• Penalty Reduction Agreement – PRA

• Appeals Process

- First Appeal

- Second Appeal

(Board of Health and Safety )

- Administrative Law Judge (ALJ)

22

23 23

Penalty Reduction Agreement (PRA)

Employer agrees to:

Correct all violations

Pay the reduced penalties

Provide assurance of abatement

Waive right to appeal

Immediately post signed PRA

24

Valid Reasons to Appeal

• No hazard existed

• No potential exposure

• Violation occurred • Because of an Isolated Incident from Employee Misconduct

• Abatement technologically is not feasible

• Employer needs abatement time extension

Employer is able to prove:

24

25 25

Abatement Extension

If a citation is accepted, but the violation cannot be corrected within the allotted time, an employer may petition for modification of the abatement date (extension of time). An extension may be considered by the MIOSHA office when the employer has shown good faith in trying to meet the original deadline, and requests the extension prior to or at least within one day of the expiration of the original abatement period.

26 26

Proof of Isolated Incident

Employee has been trained and training is

documented.

Supervision routinely/regularly observes work

process.

Supervision observes the employee in job

performance.

Employer has an enforcement/disciplinary

program and has documented disciplinary

action relative to the violation.

27 27

Appeal Process

The MIOSHA program provides a process for

employers to appeal a citation.

First Appeal:

All or part of the citation may be appealed to the

issuing division

A division review follows and a decision is

issued within 15 working days.

28 28

Appeal Process continued

First Appeal:

Can appeal all or part:

Rule - Rule violated

Classification - Re-Classification of violation

Penalty - Reduction in penalty size (up to 50%)

Abatement date - Abatement date (extend date for completion)

29 29

Elements That May Be Included In

A Settlement Agreement (SA)

Adjustment up to 50% of total proposed

penalty

Change classification or grouping

Vacate citations

Modify abatement date(s)

30 30

Second Appeal

File within 15 working days of receipt of first appeal result

Often results in a Pre-Hearing to exchange information to resolve issues

Open to all parties: Employer representative, Employee representative, Appeals representative, and Compliance Officer. If no resolution, goes to Formal Hearing

31 31

Formal Hearing

Decision Is Issued By Administrative Law Judge

Report becomes final order-30 days after filing

with the Board of Health and Safety Board sends

notice Employer will receive notice with the date that it is to be filed

Appeals Webpage

32 http://www.michigan.gov/lara/0,4601,7-154-61256_11407_15333---,00.html

33 33

Contacts

Immediate Supervisor that issued signed citation

Appeals Division

(517) 284-7711

PRA Coordinator - General Industry

(517) 284-7750

PRA Coordinator – Construction

(517) 284-7680

Reporting a fatality or Serious Injury

800-858-0397 ( 24 / 7 )

34 34

Preparing for an Inspection Read safety & health publications

Belong to associations

Insurance company audits

Internal self inspections

Safety & Health Designee

CET services

Attend MIOSHA Training Institute

Courses

Safety should be in the bid process

Think of safety as profit center

35 35

Michigan Occupational Safety & Health Administration

Consultation Education & Training Division

530 W Allegan St, P.O. Box 30643

Lansing, Michigan 48909-8143

For further information or to request consultation, education

and training services, call (517) 284-7720

or

visit our website at

www.michigan.gov/miosha

Thank You For

Attending This Presentation