CAL-OSHACAL-OSHA
They are the government and they are here to help us!
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CAL-OSHA?CAL-OSHA?
• FED OCCUPATIONAL SAFETY AND HEALTH ACT 1970
• CAL-OSHA 1973• AB 1127
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DOSHDOSH
• DIVISION OF OCCUPATIONAL SAFETYAND HEALTH
• Enforcer of safety and Health Standards and Regulations
• Bureau of Investigations- Criminal Investigations
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CAL-OSHA CONSULTINGCAL-OSHA CONSULTING
• Offers these services:– INSPECTONS– CONSULTING– TRAINING– NO FINES …...
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OCC. SAFETY AND HEALTH STDS. OCC. SAFETY AND HEALTH STDS. BOARDBOARD• ADOPTS• AMENDS• REPEALS
• California Code of Regulations, Title 8
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OCC.SAFETY AND HEALTH OCC.SAFETY AND HEALTH APPEALS BOARDAPPEALS BOARD• HEARS APPEALS REGUARDING
CAL/OSHA ENFORCEMENT ACTIONS
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WHO’S COVERED ??WHO’S COVERED ??
• NO-- MARITIME• NO-- DOMESTIC SERVICE WORKERS• NO-- FEDS
• YES EVERYBODY THAT’S LEFT
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INSPECTIONSINSPECTIONS
• PROGRAM PLAN--- RANDOM -- RELATED
• UNPROGRAMED (after an) ACCIDENT---- COMPLAINT---REFERRAL---- FOLLOW-UP
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WHAT TO EXPECT FROM AN WHAT TO EXPECT FROM AN INSPECTIONINSPECTION• PERMISSION• CREDENTIALS• CONFERENCE• WALKAROUND• CITATION• CLOSING CONFERENCE
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PERMISSION PERMISSION
• MANAGEMENT REPRESENTATIVE• EMPLOYER REP WITH AUTHORITY
• INSPECTION WARRANT• CREDENTIALS W/PHOTO
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OPENING CONFERENCEOPENING CONFERENCE
• REVIEW OF RECORDS– IPP– WORK/COMP– INSPECTIONS– COMMUNICATION– ACCIDENTS– REASON FOR VISIT
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WALKAROUNDWALKAROUND
• WITH EMPLOYER REP. AND EMPLOYEE REP.
• INTERVIEWS• PHOTOS• TESTING AND SAMPLING• YELOW TAG• PRESERVE ORDER
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CITATIONSCITATIONS
• ANY VIOLATION OF CODE• POSTING (THREE DAYS)• ABATEMENT
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PENALTIESPENALTIES
• SIZE– 100 EMPLOYEES
• GOOD FAITH– NEXT SLIDE
• HISTORY– PREVIOUS CITATIONS
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GOOD FAITHGOOD FAITH
• SAFETY PROGRAM EVALUATION• COOPERATION• EFFORT TO COMPLY• COMMUNICATION W/EMPLOYEES• RESOLVE TO CORRECT HAZARD• PPE
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ABATEMENTABATEMENT
• 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 CONFERENCECLOSING CONFERENCE
• ALLEGED VIOLATIONS• ENFORCEMENT ACTIONS• ABATEMENT • FOLLOW-UP INSPECTION
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SETTING ABATEMENT DATESETTING ABATEMENT DATE
• DEGREE OF HAZARD• TIME NEEDED• INTERIM SAFETY MEASURES• WEEKENDS AND HOLIDAYS• RECEIPT OF CITATION
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TYPES OF ISSUESTYPES OF ISSUES
• NOTICE• SPECIAL ORDER• INFORMAL MEMORANDUM• FAILURE TO ABATE• CITATION
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CITATIONSCITATIONS
• WILLFUL• SERIOUS
– DEATH OR SERIOUS INJURY
• GENERAL• REPEATED
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PENALTIESPENALTIES
• VIOLATIONS• FAILURE TO ABATE• DAILY PENALTY• REPEAT VIOLATIONS• FALSE STATEMENTS AND/OR
RECORDS• KNOWLEDGE OF HAZARD
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INFORMAL CONFERENCEINFORMAL CONFERENCE
• WHEN– EMPLOYEE MAY REQUEST– WITHIN 10 DAYS
•WHY– EXTENTION OF ABATEMENT– EVIDENCE– PENALTIES INAPPROPRIATE
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APPEALSAPPEALS
• 15 DAYS AFTER RECEIPT• TELEPHONE PREHEARING• LOCAL DOSH OFFICE• ADMINISTRATIVE LAW JUDGE• PETITION FOR RECONSIDERATION
WITHIN 30 DAYS• APPEAL TO SUPERIOR COURT
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