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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