CAL-OSHA by 6J7cTCuZ

VIEWS: 14 PAGES: 23

									                            CAL-OSHA

They are the government and they are here to help us!
CAL-OSHA?

• FED OCCUPATIONAL SAFETY AND
  HEALTH ACT 1970
• CAL-OSHA 1973
• AB 1127




            County of Kern, Risk Management   2
DOSH

• DIVISION OF OCCUPATIONAL
  SAFETYAND HEALTH
• Enforcer of safety and Health Standards
  and Regulations
• Bureau of Investigations- Criminal
  Investigations




              County of Kern, Risk Management   3
CAL-OSHA CONSULTING
• Offers these services:
  – INSPECTONS
  – CONSULTING
  – TRAINING
  – NO FINES …...




               County of Kern, Risk Management   4
OCC. SAFETY AND HEALTH STDS. BOARD

• ADOPTS
• AMENDS
• REPEALS

• California Code of Regulations,
  Title 8




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OCC.SAFETY AND HEALTH APPEALS BOARD

• HEARS APPEALS REGUARDING
  CAL/OSHA ENFORCEMENT ACTIONS




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WHO’S COVERED ??

•   NO-- MARITIME
•   NO-- DOMESTIC SERVICE WORKERS
•   NO-- FEDS
•   YES
    EVERYBODY THAT’S LEFT




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INSPECTIONS

• PROGRAM PLAN---
  RANDOM -- RELATED

• UNPROGRAMED (after an)
  ACCIDENT---- COMPLAINT---
  REFERRAL---- FOLLOW-UP




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WHAT TO EXPECT FROM AN INSPECTION

•   PERMISSION
•   CREDENTIALS
•   CONFERENCE
•   WALKAROUND
•   CITATION
•   CLOSING CONFERENCE




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PERMISSION

• MANAGEMENT REPRESENTATIVE
• EMPLOYER REP WITH AUTHORITY

• INSPECTION WARRANT
• CREDENTIALS W/PHOTO




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OPENING CONFERENCE

• REVIEW OF RECORDS
 – IPP
 – WORK/COMP
 – INSPECTIONS
 – COMMUNICATION
 – ACCIDENTS
 – REASON FOR VISIT




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WALKAROUND

• WITH EMPLOYER REP. AND EMPLOYEE
  REP.
• INTERVIEWS
• PHOTOS
• TESTING AND SAMPLING
• YELOW TAG
• PRESERVE ORDER



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CITATIONS

• ANY VIOLATION OF CODE
• POSTING (THREE DAYS)
• ABATEMENT




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PENALTIES

• SIZE
  – 100 EMPLOYEES
• GOOD FAITH
  – NEXT SLIDE
• HISTORY
  – PREVIOUS CITATIONS




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GOOD FAITH

•   SAFETY PROGRAM EVALUATION
•   COOPERATION
•   EFFORT TO COMPLY
•   COMMUNICATION W/EMPLOYEES
•   RESOLVE TO CORRECT HAZARD
•   PPE




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ABATEMENT

• ABATEMENT CREDIT
 – 50% presumption of correction
 – credit revoked without proof

 – Failure to abate
 – not to exceed $15,000 per day




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CLOSING CONFERENCE

•   ALLEGED VIOLATIONS
•   ENFORCEMENT ACTIONS
•   ABATEMENT
•   FOLLOW-UP INSPECTION




              County of Kern, Risk Management   17
SETTING ABATEMENT DATE

•   DEGREE OF HAZARD
•   TIME NEEDED
•   INTERIM SAFETY MEASURES
•   WEEKENDS AND HOLIDAYS
•   RECEIPT OF CITATION




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TYPES OF ISSUES

•   NOTICE
•   SPECIAL ORDER
•   INFORMAL MEMORANDUM
•   FAILURE TO ABATE
•   CITATION




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CITATIONS

• WILLFUL
• SERIOUS
 – DEATH OR SERIOUS INJURY
• GENERAL
• REPEATED




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PENALTIES

•   VIOLATIONS
•   FAILURE TO ABATE
•   DAILY PENALTY
•   REPEAT VIOLATIONS
•   FALSE STATEMENTS AND/OR RECORDS
•   KNOWLEDGE OF HAZARD




              County of Kern, Risk Management   21
INFORMAL CONFERENCE

• WHEN
 – EMPLOYEE MAY REQUEST
 – WITHIN 10 DAYS


• WHY
 – EXTENTION OF ABATEMENT
 – EVIDENCE
 – PENALTIES INAPPROPRIATE



             County of Kern, Risk Management   22
APPEALS

• 15 DAYS AFTER RECEIPT
• TELEPHONE PREHEARING
• LOCAL DOSH OFFICE
• ADMINISTRATIVE LAW JUDGE
• PETITION FOR RECONSIDERATION
  WITHIN 30 DAYS
• APPEAL TO SUPERIOR COURT



            County of Kern, Risk Management   23

								
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