Navigating CAL/OSHA Compliance

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Cal/OSHA

NAVIGATING CAL/OSHA COMPLIANCE Peter Riley, Regional Manager Region 3 Division of Occupational Safety and Health Santa Ana, California 714 558-4300 Public Agency Safety Management Association (PASMA) November 14, 2013 1

Charter

 “To ensure so far as possible that every man and woman has a safe place to work.” 2

Authority

 California Labor Code  Criminal  Title 8 California Code of Regulations  Administrative 3

Inspections

       Imminent Hazards Referral from District Attorney Accident Investigation Formal Complaints Informal Complaints Planned Inspections Follow-up Inspections 4

Inspection Process

Opening Conference

Walkthrough

Exit Conference

Closing Conference

5

Inspection Process

Opening Conference

Walkthrough

Exit Conference

Issuance of 1by

Closing Conference

6

Citation Classification

 Regulatory  General  Serious  Repeat  Failure-to-Abate  Willful 7

Appeals Process

 Filed Within 15 Working Days  Informal Conference  Pre-Hearing Conference  Hearing  Decision  Expedited Appeals 8

AB 2774 and Labor Code 6432    Changed Definition for Serious Defined Serious Physical Harm Notification Form 1by  Defenses for Serious Classification 9

Changed Definition for Serious Violation  Substantial Probability of Death or Serious Physical Harm Assuming an Injury Occurred  Realistic Possibility of Death or Serious Physical Harm 10

Defined Serious Physical Harm    Inpatient Hospitalization Loss of Any Member Permanent Disfigurement  Impairment Sufficient to Cause a Part of the Body or the Function of an Organ to Become Reduced in Efficiency 11

Notification Form 1by  Notification Form sent to Employer 15 Days prior to Issuance Serious Citations  Inspector Must Consider Employer’s Response 12

Cal/OSHA 1by Form 13

Defenses for Serious Classification   Training for Employees and Supervisors Procedures for Discovering, Controlling Access, and Correction Hazard    Supervision of Employees Procedures for Communicating to employees H&S Rules Any Additional Information 14

Effect of AB 2774   Increase % of Serious Violations Decreased % of Serious Violations   Employers Opportunity to Prevent the Issuance of Serious Violations Occasionally/ Statements used Against Them 15

Omitting Title 8 Section Form 1by    Cal/OSHA Not Required Limits Enforcement Action   Employers Can not Respond to 1by Without Title 8 Section 16

Decisions      Big Lots-”Realistic Possibility” Kelly Global Logistics, Inc-”Realistic Possibility” L3 Telemetry-Failure to Provide 1by No Decisions on Defenses No DARs 17

Decisions that Define Realistic Possibility  The board interpreted “realistic possibility” to mean a prediction “clearly within the bounds of human reason, not pure speculation.” (Janco Corporation, Cal/OSHA App. 99-565)DAR (Sep. 27, 2001) 18

Decision Regarding Failure to Provide 1by   Record is void of evidence that 1by sent ALJ inferred that the Division did not intend to classify the violation as serious or that it did not have sufficient evidence to prove that classification 19

Recordable and Reportable Injuries and Illness    Recordable Injuries and Illnesses §14300  www.californiaosha.info

Posting Reportable Injuries and Illnesses §342(a)    Report all Serious Injuries to nearest District Office Serious Injuries Can not Delegate Responsibility to Report 20

Injury and Illness Prevention Program (IIPP) §3203         Responsible Person Sanctions/Enforcement Communication Inspections Investigation Procedures Correction Procedures Training Records 21

Responsibility for Health and Safety      Professional Employment Organizations Independent Contractors Dual Employer Multi-employer Multi-employer Defenses 22

Employee vs. Independent Contractor        Business Purpose Economic Reality Who Controls the Enterprise as a Whole Opportunity for Profit or Loss Investment in Tools, Equipment, and Supplies Licenses Written Agreement 23

Dual Employer Work Sites    Primary Employer Does not have Direction and Control Must Assure EEs  Covered by IIPP  Receives all Training  Provided with PPE   Secondary Employer Has Direction and Control 24

Multi –Employer Work Sites     Exposing Employers Creating Employer Controlling Employer Correcting Employer 25

Multi –Employer Defense      Employer did not create hazard Employer did not have authority to correct hazard Employer did not have ability to correct hazard Other Employers notified of the Hazard Employer Took Feasible Steps His Employees 26

Head Protection §3381  Employees working in locations where there is a risk of receiving head injuries from flying or falling objects and/or electric shock and burns shall wear approved head protection 27

Emerging Regulations         ATD Safe Patient Handling Globally Harmonized System/Hazcom Adult Film Tunnel Safety Orders Petroleum Safety Orders Workplace Violence PEL Development 28

Changes at Cal/OSHA     Prevention, Outreach, Transparency Expanding PSM Large Number Retirements Hiring 29

Job Opportunities with Cal/OSHA   Assistant Safety Engineers Associate Safety Engineers 30

Resources      Cal/OSHA Inspector Cal/OSHA Consultation Workers Compensation Carrier Private Consultants Internet  www.dir.ca.gov/dosh/ 31

Questions

32

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