EEAP The Safety People

Title: Cal/OSHA Tightens Screws on Citations

2010-10-12T17:58:00.000-07:00

http://ohsonline.com/articles/2010/10/10/10-new-law-to-strengthen-calosha-citation-process.aspx?admgarea=news

As if California employers weren’t being hit hard enough by Cal/OSHA, new legislation will without doubt increase fines even more. Governor Schwarzenegger recently signed into law AB 2774 which effectively re-defines the designation of “serious” violations from Cal/OSHA. The law goes into effect January 1, 2011. According to Cal/OSHA Chief Len Welsh, “This new interpretation of a serious violation will help strengthen the Cal/OSHA program, improve enforcement efforts and better protect California’s workers.”

In a related article, it is stated that California ranks lower than any other state in its issuance of serious OSHA violations – a factor prompting the new legislation. In its defense for having fewer serious citations, Cal/OSHA officials cited stricter and more comprehensive rules over the Fed/OSHA program. Despite objections, the new regulation will be implemented in the new year.

According to the new regulation, some of the factors which Cal/OSHA will be considering before issuing serious violations include the following:

• Employee Safety Training
Cal/OSHA will consider whether an incident or accident was the result of a failure to provide adequate safety training. Cal/OSHA expects all employees to receive safety training on a regular basis. We recommend going a step further and providing lesson materials in Spanish when necessary. Also, if you can provide a short quiz for each lesson, it will prove that the employee not only attended but listened and understood. For more information on compliant safety training, please contact one of our consultants at 1-800-734-3574.

• Existing Workplace Safety Procedures
Cal/OSHA will consider whether an incident or accident was the result of a failure to provide existing or adequate workplace safety procedures. In general, Cal/OSHA expects all employers to have comprehensive safety policies and procedures to be well documented. These programs must be written specifically for the company, for the industry, for the location and include the hazards each employee may encounter and how to avoid each one. EEAP can assist in this effort. Please contact us for more information.

• Employee Supervision
Cal/OSHA will consider whether an incident or accident was the result of a failure to provide adequate employee supervision. A well-documented and implemented safety program includes a clear chain of command and supervision, especially when hazardous activities are involved. EEAP offers free consultation and can assist in providing you with more information on maintaining compliance in this area.

• Hazardous Exposure
Cal/OSHA will consider whether an incident or accident was the result of a failure to adequately protect the employee from hazardous exposure. In addition to regular safety audits, we recommend using as many of the following warning devices as possible:
1) Written documentation and policies on the hazardous exposure
2) Training specifically on the hazardous exposure
3) Warning signs on or near the hazardous exposure
4) Physical guards on hazardous exposure (pinch-points, exposed blades, rotating shafts, etc.)
5) Physical barriers to prevent access to hazardous exposure
6) Implemented disciplinary procedure for employees violating hazardous exposure rules

EEAP offers a “Free Mock Cal/OSHA Inspection”. We will walk around your jobsite or facility and point out hazardous exposures so you can avoid unnecessary and expensive citations. Please call us to schedule a time that works for you at 800-734-3574.

It is more important than ever to be pro-active and prevent serious incidents rather than wait to react to a Cal/OSHA citation. Serious violations are expensive, generally several thousands of dollars and in most cases are completely avoidable and unnecessary. EEAP can assist you to avoid these citations and help you to remain compliant with Cal/OSHA. Please call us at 1-800-734-3574 today for more information.

Sincerely,

Bill Whitaker, Senior Account Executive
EEAP, "The Safety People"
310-709-8078 cell (best number to reach me)
800-734-3574 office
bill@eeap.net
http://www.eeap.com/

OSHA's Top 10 Safety Violations for 2009

2010-07-28T16:09:00.000-07:00

OSHA officials revealed the top ten most frequently cited workplace violations for 2009 at a recent conference of the National Safety Council. In our experience, as OSHA inspectors see these trends, they tend to scrutinize them more vigorously when visiting an employer's workplace. Here are the top ten safety violations for 2009:

Scaffolding
As I visit employers, I'm discovering that these citations are common, especially for a lack of proper planking. Contact us to discuss more ways to keep your employees safe on scaffolds.
Fall Protection
Many employers are simply unaware that they need to provide proper fall protection for heights as low as four feet. Call us for a more comprehensive or specialized list for your particular industry.
Hazard Communication
A common problem I see is a failure to properly label all containers, especially hazardous ones. If I had a dollar for every water bottle I've see with acetone in it... you get the picture. Call us to discuss several other ways to avoid this completely unnecessary fine.
Repiratory Protection
Many employers do not realize that whenever any employee wears a cartridge respirator, they are required to have a full-blown written program, send the employee to a clinic to have their lungs tested and to conduct a proper "Fit and Smell Test". Call us for more info on this issue.
Lockout-Tag-Out
I have personally seen more of these citations this past year than ever before. Before allowing any employee to conduct maintenance on any piece of industrial machinery, it is critical to train them properly on powering off machinery, the power source and locking/tagging out the power switches to avoid unnecessary injuries. Call us for more information.
Electrical (wiring)
Employers should properly train any employee who has direct or indirect contact with electricity when it comes to performing their duties. A common citable offense I see daily is frayed or exposed wiring on machinery and in power panels. Call us to discuss more ways to avoid these unnecessary citations.
Ladders
OSHA requires that ladders be properly secured before allowing employees to use them. Improperly secured or unsecured ladders have been the cause of serious workplace injuries and deaths. Call us to discuss how to properly secure ladders.
Powered Industrial Trucks
Every employee operating a forklift must be properly trained and certified. Certifications must be renewed every three years. Forklift operators must understand how to properly stack pallet loads and how to avoid unnecessary accidents. Call us for more info.
Electrical
Employers must provide adequate warning, training, signage, barriers, guards and personal protective equipment to avoid dangers involving electricity. Call us to discuss several ways to avoid these unnecessary citations.
Machine Guarding
As I visit employers, I am constantly amazed that most employers are unaware that machines must be properly guarded against pinch points, rotating shafts, rotating belts and rotating chains. Workers commonly remove guards because they "get in the way." Call us to personally inspect any of your machines and discuss proper guarding methods.

It is far more critical than ever for employers to get into compliance with OSHA regulations. EEAP, The Safety People has 20 years of experience helping small to medium-sized businesses avoid these and many more citations in the first place and then we help them remain compliant with OSHA. Please call us for more information and to schedule a free onsite evaluation to help determine whether your company is at risk of receiving OSHA violations.

Work Safely,

Bill Whitaker
Senior Account Manager
EEAP, The Safety People
310-709-8078 (best number to reach me)
800-734-3574 Office
bill@eeap.net

OSHA TRIPLES Fines to Employers!!!

2010-06-02T15:05:00.000-07:00

OSHA recently announced far stricter penalty guidelines. It is much more critical than ever before for your company to be in compliance with OSHA regulations. The memo to all regional offices is linked here:

http://www.sspc.org/regnews/OSHA/OSHA_PenaltyChangeMemo.pdf.

In short, here are the main points:

New Federal OSHA Guidelines and How EEAP Can Help You:

Employers with OSHA citations designated as serious or greater will be on probation for 5 years now instead of 3.

EEAP can help keep OSHA off your back and assist you in maintaining ongoing compliance with documentation, inspections and training support.
An employer who has been cited by OSHA for any high gravity serious, willful, repeat, or failure-to-abate violation within the past five years will receive a 10% increase in their penalty up to the statutory maximum.
Area Directors will be authorized to offer no more than 30% penalty reduction at informal conferences. Any further reductions must be authorized by Regional Administrators.

EEAP has a 20 year track record in obtaining extremely generous penalty discounts. Our defense methods remain successful, despite the new regulations.
The Agency will no longer allow penalty adjustments to an employer at an informal conference when the employer has an outstanding balance owed.
Establishes a strict standard for offering penalty reductions, which effectively results in a 50% increase in citation revenue.
OSHA will adopt a new category for determining citations that provides for a gravity-based penalty between $3,000 and $7,000.

With our ongoing Mock-OSHA inspection service, EEAP will report all possible serious issues to you. Waiting for Cal/OSHA to discover issues = citations!

EEAP can help assure your ongoing compliance so that you can avoid unnecessary and expensive subsequent citations from OSHA. I urge you to contact us from a pro-active standpoint and not wait to call us after receiving unnecessary fines from the State. Please let me know how we can win your confidence and earn your business. Please call me at 310-709-8078 to chat about moving forward. I look forward to hearing from you soon. Thanks for your time.

Sincerely,

Bill Whitaker, Senior Account Executive
EEAP, "The Safety People"
310-709-8078 cell (best number to reach me)
800-734-3574 office
bill@eeap.net
http://www.eeap.com/