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
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“To ensure so far as possible that every man and woman has a safe place to work.”
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California Labor Code
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Criminal
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Title 8 California Code of Regulations
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Administrative
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Imminent Hazards
Referral from District
Attorney
Accident Investigation
Formal Complaints
Informal Complaints
Planned Inspections
Follow-up Inspections
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Regulatory
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General
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Serious
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Repeat
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Failure-to-Abate
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Willful
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Filed Within 15 Working
Days
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Informal Conference
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Pre-Hearing Conference
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Hearing
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Decision
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Expedited Appeals
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AB 2774 and Labor Code 6432
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Changed
Definition for
Serious
Defined Serious
Physical Harm
Notification
Form 1by
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Defenses for
Serious
Classification
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Changed Definition for Serious
Violation
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Substantial
Probability of
Death or
Serious Physical
Harm Assuming an Injury
Occurred
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Realistic
Possibility of
Death or
Serious Physical
Harm
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Defined Serious Physical Harm
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Inpatient
Hospitalization
Loss of Any
Member
Permanent
Disfigurement
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Impairment
Sufficient to
Cause a Part of the Body or the
Function of an
Organ to
Become
Reduced in
Efficiency
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Notification Form 1by
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Notification
Form sent to
Employer 15
Days prior to
Issuance
Serious
Citations
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Inspector Must
Consider
Employer’s
Response
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Cal/OSHA 1by Form
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Defenses for Serious Classification
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Training for
Employees and
Supervisors
Procedures for
Discovering,
Controlling
Access, and
Correction
Hazard
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Supervision of
Employees
Procedures for
Communicating to employees
H&S Rules
Any Additional
Information
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Effect of AB 2774
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Increase % of
Serious
Violations
Decreased % of
Serious
Violations
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Employers
Opportunity to
Prevent the
Issuance of
Serious
Violations
Occasionally/
Statements used Against
Them
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Omitting Title 8 Section Form 1by
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Cal/OSHA
Not Required
Limits
Enforcement
Action
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Employers
Can not
Respond to 1by
Without Title 8
Section
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Decisions
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Big Lots-”Realistic Possibility”
Kelly Global Logistics, Inc-”Realistic
Possibility”
L3 Telemetry-Failure to Provide 1by
No Decisions on Defenses
No DARs
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Decisions that Define Realistic
Possibility
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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)
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Decision Regarding Failure to
Provide 1by
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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
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Recordable and Reportable
Injuries and Illness
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Recordable Injuries and Illnesses §14300
 www.californiaosha.info
Posting
Reportable Injuries and Illnesses §342(a)
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Report all Serious Injuries to nearest District
Office
Serious Injuries
Can not Delegate Responsibility to Report
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Injury and Illness Prevention Program
(IIPP) §3203
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Responsible Person
Sanctions/Enforcement
Communication
Inspections
Investigation Procedures
Correction Procedures
Training
Records
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Responsibility for Health and
Safety
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Professional Employment
Organizations
Independent Contractors
Dual Employer
Multi-employer
Multi-employer Defenses
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Employee vs. Independent
Contractor
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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
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Dual Employer Work Sites
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Primary
Employer
Does not have
Direction and
Control
Must Assure EEs
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Covered by IIPP
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Receives all Training
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Provided with PPE
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Secondary
Employer
Has Direction and Control
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Multi –Employer Work Sites
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Exposing Employers
Creating Employer
Controlling Employer
Correcting Employer
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Multi –Employer Defense
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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
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Head Protection §3381
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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
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Emerging Regulations
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ATD
Safe Patient Handling
Globally Harmonized
System/Hazcom
Adult Film
Tunnel Safety Orders
Petroleum Safety Orders
Workplace Violence
PEL Development
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Changes at Cal/OSHA
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Prevention, Outreach, Transparency
Expanding PSM
Large Number Retirements
Hiring
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Job Opportunities with Cal/OSHA
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Assistant Safety
Engineers
Associate Safety
Engineers
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Resources
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Cal/OSHA Inspector
Cal/OSHA
Consultation
Workers
Compensation Carrier
Private Consultants
Internet
 www.dir.ca.gov/dosh/
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