PowerPoint Presentation

Keys to Understanding OSHAKnow the businessKnow the playersKnow the issuesKnow the consequences

Know The Business

What general requirements apply to the business or organization? Federal laws State laws Local ordinances Personnel policies Collective Bargaining Agreement Practice

What specific requirements apply to the business or organization? General Duty Clause Safety training HAZCOM Specific OSHA standardsConstructionAgricultureGeneral Industry

Arizona Employee Rights

File OSHA or other safety complaint Accompany ADOSH inspector Refusal to work under strict circumstances Be free from retaliation for protected safety activity

KnowThe Players

Safety Agencies Federal OSHALimited jurisdictionSection 18 of federal OSH Act State ADOSHLocated at Industrial Commission of ArizonaCovers all employers Mine Safety by MSHA/State Mine Inspector

Arizona Division of Occupational Safety and Health Arizona OSH Act Management of Division Role of Industrial Commissioners Compliance (Safety + Industrial Hygiene)

Arizona Division of Occupational Safety and HealthConsultation and Library Occupational Safety & Health Advisory Committee Statistics Special Programs Creation of rules & standards

KnowThe Issues

Notice Posting Federal notice available at www.osha.gov ADOSH notice available at www.ica.state.az.us Why the worker comp notice and rejection slips are so important

KnowThe Consequences

ADOSH Enforcement Citation Result of inspection usually by photo Given to ICA Members first Issued by ADOSH Director 15 working days to appeal penalty & citation Abatement and posting

Defenses Lack of knowledge Incorrect standard cited Common practice and no specific standard Isolated employee misconduct Penalty factors misapplied

ADOSH Penalties De Minimis Serious $7000 Nonserious $7000 Repeat $70,000 Wilful $70,000 Special penalty if death or permanent injury $25,000 to worker or family

Protests and Appeals Inspection Citation No settlement Lose at hearing

Lose at Review Board Warrant Informal Conference Hearing at ICA Governors Occupational Safety and Health Review Board

Court of Appeals

Prepare for Inspection

PreventionRecordkeepingEntryProtocolAdviceReview of RecordsEvaluate

Self safety auditsEvaluate recordkeeping processEnsure posters are updatedEmployee manual updatesRegular and documented safety trainingDiscipline for safety violations

Prevention

Safe Driving Policy Seat belts and air bags required Check driver performance records Cell phone usage no texting! Assign enough time to perform tasks Licensing and training Pre-trip inspections

EntryOSHA warrants Request more informationNo off-the-record conversationsAccompaniment at siteSupervisory interviewsOSHA rights and the Eager Beaver

ProtocolNotice or lack of noticeInvolve appropriate professionalDesignate representative at opening conferenceCooperation; not confrontationGathering evidence Private conversations with employeesEvaluate results at closing conference

AdviceSafety ProfessionalAttorneyTrade Association RepresentativeGovernment Agent

Review the RecordsAttorney-Client PrivilegeScope of investigationRead them all before submissionObtain advice if you do not know process or the law

Consequences of not cooperatingConsequences of found violationsConsequences of payment of penalties Effect upon morale/avoid retaliationFinancial considerationsEvaluate