“The Public Interest”
Transcript of “The Public Interest”
“The Public Interest” Health/Safety and Environmental Issues
the PASMA way to shared knowledge Public Agency Safety Management Association
October 27th, 2015
Front Page: Cal/OSHA P & P C-12 Pg. 1 I n d i v id u a l H i gh l i g h t s : Effective Training P&P Continued Pg. 2 OSHA Safety Pays Calculator Pg. 3 Susan Harwood Training Grants Pg. 4
E d i t o r : D i c k M o n o d d e F r o i d e v i l l e , R e t i r e d – C a l / O S H A D m o n o d . pa s m a @ g m a i l . c o m
P A S M A N O R T H & S O U T H C o n t a c t s :
P r e s i d e n t P A S M A S o u t h : P a u l a B o u y o u n e s , R i s k & S a f e t y M g r , O r a n g e C o u n t y W a te r D i s t r i c t , ( 7 1 4 ) 3 7 8 - 3 3 1 0 p b o u y o u n e s @ o c w d . co m V i c e P r e s i d e n t : W e s B a u e r , S & H S u p e r v i s o r R i s k M g t D i v . , O C S a n i t a t i o n D i s t r . w b a u e r @ o c s d . c o m S e c r e t a r y : B r i z a M o r a l e s , R i s k M a n a g e m e n t T e c h , C i t y o f S a n t a A n a ( 7 1 4 ) 4 5 4 - 7 6 0 2 i n f o @ pa s m a o n l i n e . o r g T r e a s u r e r : A n n a L e v i n a , H&SO f f i c e r L A C o u n t y D e p t o f M e n t a l H l th ( 2 1 3 ) 7 3 8 - 4 4 3 0 a l e v i n a @ d m h . l a co u n t y . g o v P A S M A L e g i s l a t i v e A f f a i r s D i r e c t o r : Bill Taylor, C S P S a f e t y M a n a g e r C i t y o f A n a h e i m ( 7 1 4 ) 7 6 5 - 4 3 9 9 b t a y l o r @ a n a h e i m . n e t
P r e s i d e n t P A S M A N o r t h : S t e p he n H a c k e t t , S a f e t y O f f i c e r N a p a C o u n ty ( 7 0 7 ) 2 5 9 - 8 7 4 4 s t e ph e n . h a ck e t t @ c o u n t y o f n a p a . o r g T r e a s u r e r : G w e n H o S i n g - L o y P u b l i c S e r v i c e s O p e r a t i o n s M a n a g e r C i t y o f W a l n u t C r e e k ( 9 2 5 ) 2 5 6 - 3 5 3 6 g h s l @ w a l n u t - c r e e k . o r g S e c r e t a r y & L e g A f f r s : C h a r i t y N i c o l a s A s s i s t a n t R i s k M a n a g e r - L o s s C o n t r o l C o n t r a C o s t a C o u n t y ( 9 2 5 ) 3 3 5 - 1 4 6 3 C h a r i t y . N i c o l a s @ r i s k m . c c c o u n t y . u s M e m b e r s A t L a r g e : B a r b S m a k e r , S a f e t y C o o r d i n a t o r , C o n t r a C o s t a C o u n t y P u b l i c W o r k s
M i k e L a n dy , S r . S a f e t y S p e c . , D e p t . W a t e r R e s o u r c e s S a c r a m e n t o C o u n t y
AB 2774 -‐ CSHO’s must be both Competent and Credible, Has YOUR CSHO been “effectively” Trained!...(Ed)
Understandably, each of you reading this editorial will respond to the issuance of a “serious” citation differently depending on your circumstance and situation. That response, however, should consider the reality that todays Cal/OSHA is heavily slanted to the issuance of serious citations as a result of the 2011 changes to Labor Code Section 1632 (AB 2774). Compounding that, also consider the recent proposed changes affecting the issuance of “repeat” citations based on the organizations’ State-‐wide citation history. Given these two changes in the regulatory environment, it would seem that defending any “serious” citation must now rest on the veracity and credibility of each issuing Compliance Safety and Health Officer’s (CSHO) education, experience and training relative to “division-‐mandated” training as identified in the Cal/OSHA P & P C-‐12.
Effective January 1, 2011 Section 6432(g) of the Labor Code was amended to read: “A division safety engineer or industrial hygienist who can demonstrate, at the time of the hearing, that his or her division-‐mandated training is current shall be deemed competent to offer testimony to establish each element of a serious violation, and may offer evidence on the custom and practice of injury and illness prevention in the workplace that is relevant to the issue of whether the violation is a serious violation”. Breaking down the Code Speak; the term, “demonstrate” in short, means to “prove”. The terms “division-‐mandated training” means that the Division should and has in fact, established a subject specific curriculum (see: https://www.dir.ca.gov/DOSHPol/P&PC-‐12.pdf ) that lists an origination date of 08/01/1994, revised on both 04/14/2011 (shortly after AB2774) and again on 12/22/2014. I was a Cal/OSHA compliance officer during the 1994 origination date, and it essentially mandated CSHO’s receive an “Annual Performance Review” where the outcome measures were in fact “numbers of inspection and citation” focused (quota?). The amount of “mandated” training went by the way side so much so that the Division allowed virtually every “work-‐related” re-‐certification training to lapse. The net result is that as of December 31, 2012 (my separation date), very few CSHO’s had code specified training in Asbestos, Lead and/or Hazwoper.
CSHO must be both Competent and Credible – Cont’d
The effect of that decision means that, with rare exception, any citations issued with respect to these hazards could and should have been successfully challenged. Belaboring the point further, the quality of the past as well as the existing training, the subject of much of the latest Federal “Annual Monitoring and Evaluation Reports” criticism (https://www.osha.gov/dcsp/osp/efame/california.html) does not include any minimum passing grade requirements.
Meaning that as long as the CSHO signed the daily roster, the CSHO was credited for having been trained. In short, the historical training provided to every CSHO was essentially “death by power point” that did little for either stimulated critical thinking much less retention. Effective training should have content and be delivered in such a way that thinking is translated into rational and repetitive action. Which begs the question often charged in Cal/OSHA citations “the Division may not have conducted “effective” training.
Concluding this homily then, I hope every reader takes the time to read the new and improved Cal/OSHA P&P C-‐12, critically examine its content, and then ask the simple question… “did my CSHO pass his training with a minimum grade and exactly what will the transcripts” show as a result of a Discovery request?. This should help with the decision to defend, and/or to accept, any of the serious citations. This issue is definitely tied to training and competency particularly since AB2774 declared every CSHO an “expert” (???) because of that training. After all, what’s good for the Goose should be good for the Gooser....
Page 2 of 4 “The Public Interest” Public Sector Health/Safety
An OSHA Injury/Illness cost estimator – for those senior managers and policy makers who DO NOT seem to understand the value added of the safety program. Remember, costs associated with an OSHA Citation…are NOT DEDUCTIBLE. PAY NOW OR PAY LATER.
“The Public Interest” Public Sector Health/Safety Page 3 of 4
…And for those who are in need of training grants and/or materials…SEE and INVESTIGATE the following.
“The Public Interest” Public Sector Health/Safety Page 4 of 4