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SafeAndCompliant.Net – Supporting your OSHA Safety and Compliancy Requirements

One of the requirements for being a Certified Stone and Tile PRO Partner is to operate your business in an OSHA health and safety compliant manner. It is not uncommon when bidding jobs with some contractors and government or state facilities that you must provide proof of having a HAZCOM and health and safety program in place. Although all Partners have full access to SafeAndCompliant.net, a Stone and Tile PRO/SurpHaces Partner your membership to safeandcompliant.net is free.

SAFEANDCOMPLIANT.NET

A written HAZCOM and a Safety and Health program is
designed to keep you and your staff safe in the workplace. It
may also be required by law.

• Do you have at least one employee? (Includes temporary,
and part-time)
• Do they use chemicals and/or cleaners in their job?
• Do they use machines or equipment as part of their job?

These are just some of the basic questions that if you answered
yes to, means that you are mandated by law to have a HAZCOM
and safety program in place and to follow it. Not having one
could have costly consequences.
Many small service companies are totally unaware that this is
required by OSHA and other agencies. As a result, many are
getting fined every day, sometimes totaling tens of thousands
— or more dollars.

SafeandCompliant.net is one of your Core benefits.

The top 10 benefits of SafeandCompliant.net are:

1. Save lives, avoid accidents and minimize health issues
for your employees and customers by having a safety
program in place.
2. Avoid potentially huge fines for not having an OSHA
required safety and HAZCOM program.
3. No need to worry about employees (or ex-employees)
or competitors or anyone else turning you in to OSHA
as a non-compliant company.
4. Be ready for an OSHA inspection at any time.
5. Provide required safety meetings and save time in
preparation with “Safety Meetings in a Box.”
6. Many general contractors are now requiring that you
provide a copy of your safety program in order to bid.
This is a growing trend.
7. Show your employees that you care about providing
them with a safe work environment.
8. Show your customers that your company complies with
OSHA requirements, etc. by posting your Certified Safe
and Compliant Company badge.
9. Avoid or minimize costly lawsuits or at least provide
your attorney with evidence that you comply with all
safety laws, etc.
10. It’s fast and easy to get your Safety Program in place.

Visit the site and familiarize yourself with this very important benefit.

www.safeandcompliant.net

 

 

 

What triggers OSHA inspections in 2019?

March 20, 2019 By  

Just how likely is OSHA to follow up if one of your disgruntled employees lodges a safety complaint?

Consider this: In fiscal years 2016 and 2017, OSHA conducted more than 21,000 inspections due to complaints in each 12-month period.

You may have read a recent report from the National Employment Law Project that notes a decline in certain types of OSHA inspections.

But, the difference in inspections due to complaints from 2016 to 2017 is minimal:

  • In FY 2016, OSHA conducted 21,738 inspections due to complaints, and
  • in FY 2017, there were 21,244 complaint inspections, a decrease
    of only 2%.

When it comes to inspections, OSHA’s priorities are clear: Responding to complaints is at the top of the list.

Number of inspections up

The total number of federal OSHA inspections conducted rose for the first time in five years from 31,948 in 2016  to 32,408 in 2017. That’s a 1.4% increase.

Another type of inspection that increased by 7.6% from 2016 to 2017: (Rapid Response Investigations.)

RRIs are part of OSHA’s 2015 initiative that requires companies to report various workplace incidents within a given time period:

  • fatalities within 8 hours, and
  • inpatient hospitalizations, amputations or losses of an eye within 24 hours.

Instead of sending an inspector, RRIs ask employers to conduct their own incident investigations and report back to OSHA about how they plan to abate the hazard that caused the injury. If the company doesn’t report or if OSHA isn’t satisfied with the response, the agency has the option to send an inspector.

OSHA says RRIs have led to contact with industries that aren’t often on its radar, such as companies that sell parts or supplies to manufacturers.

OSHA’s not a paper tiger

What’s this mean to you? It’s true federal OSHA’s budget has been cut or, at best, stable for several years. The agency has fewer inspectors than it had previously.

But OSHA is finding creative ways to keep its eyes on businesses under these conditions: relying on complaints, RRI program, etc.

With a potential maximum fine of $132,598 for one willful violation, companies can’t afford to assume OSHA has become a paper tiger.

About Fred Hosier

Fred Hosier is a Group Publisher for Progressive Business Publications’ Compliance Group of publications. He is the managing editor of Safety Compliance Alert and Environmental Compliance Alert. He is editor-in-chief of Safety and Compliant Alert.  Previously, Fred worked for 11 years at WILM Newsradio in Wilmington, DE, where he was News Director.

What about state-specific requirements?

Certain states have their own Safety and Health programs.There are 26 state plans: 23 cover both private and public (state and local government) employment, and 3 (Connecticut, New Jersey, and New York) cover only the public sector.

State plans are OSHA-approved job safety and health programs operated by individual states or territories instead of Federal OSHA. The Occupational Safety and Health Act of 1970 (OSH Act) encourages states to develop and operate their own job safety and health plans and permits state enforcement of OSHA standards if the state has an approved plan. Once OSHA approves a state plan, it funds 50 percent of the program’s operating costs. State plans must provide standards and enforcement programs, as well as voluntary compliance activities, that are at least as effective as those of Federal OSHA.

As a full Safe and Compliant member, your resources and information will be customized accordingly and your Safety Manual, HAZCOM, and forms will meet the requirements of your state or jurisdiction.

If you hire temporary employees they must be trained and made aware of your safety and HAZCOM program

In meeting the requirements of OSHA’s Hazard Communication Standard, the temporary agency employer would, for example, be expected to provide generic hazard training and information concerning categories of chemicals employees may potentially encounter. Host employers would then be responsible for providing site-specific hazard training pursuant to sections 1910.1200(h)(1) and 1926.59.

Do you know what to do if OSHA comes calling?

Someone enters your shop and tells you he/she is an OSHA inspector and is here to conduct a safety audit. Your response is one of two:

A. Your heart plummets into your stomach and you find yourself searching for a quick exit.

B. You reach out your hand confidently and greet the inspector.

What to expect

With some exceptions, OSHA doesn’t notify the companies it inspects in advance. OSHA inspectors usually show up unannounced.

Before the inspection begins, the OSHA inspector will present his or her credentials to the owner, owner representative, or supervisor in charge.

TIP: As part of your training or orientation, tell staff in advance what to expect if an OSHA inspector shows up. Appoint a contact person and instruct her to notify other necessary company officials, escort the inspector directly to a pre-determined area (conference room or office), and remain with the inspector until a company official arrives. Tell the contact person not to take the inspector through any area but the designated area of your facility until you have determined the purpose of the inspection.

Ask to see the credentials of the person claiming to be an OSHA inspector, just as you would ask any stranger who shows up at your facility unannounced. Asking for credentials isn’t just your right, it is common sense and essential for your own safety and the safety of your workers. Be polite and respectful though. Chances are, anyone who shows up claiming to be an OSHA inspector is likely to be who he claims to be. If the visitor refuses to show credentials, take the necessary security precautions as instructed by your company policy guidelines.

Should You Let Them In?

You can’t refuse to let a bona fide OSHA inspector enter your facility. But you may ask the OSHA inspector to get a warrant to conduct the inspection before entering and refuse entry without a warrant. Exceptions: You can’t refuse entry for lack of a warrant if you or one of your representatives has already given consent to the inspection or if there’s an emergency or urgent reason for the inspector to enter.

Before exercising this right, remember that the inspector is only human. Making his/her job more difficult just to stall for more time to prepare may cause you more difficulties during your inspection. But if you have a good reason you shouldn’t hesitate to exercise your right to demand that the inspector get a warrant.

If the inspector does get the warrant, you must let them in. It is illegal to interfere with the inspector’s conduct of the inspection. But once the inspector is in, you may require them to follow the same policies, procedures and rules as any other employee or visitor. This includes insisting on the wearing of mandatory Personal Protection Equipment (PPE), the removal of dangling jewelry, etc.

Are you ready for an OSHA inspection? Is everything in order? Do you have all the required documentation, programs, posters, etc.?  You should be prepared every day at any moment for OSHA to come knocking. We at Safe and Compliant can help you meet all of these requirements. The proper Safety Program, HAZCOM program, required posters, SDS database and even a self inspection checklist, and more. Full members of Safe and Compliant can welcome an inspection and smile when OSHA comes knocking. Join today!

You may need an SDS for common household products such as Windex, Wite-Out, etc.

OSHA does not require that SDSs be provided to purchasers of household consumer products when the products are used in the workplace in the same manner that a consumer would use them, i.e. where the duration and frequency of use (and therefore exposure) is not greater than what the typical consumer would experience. This exemption in OSHA’s regulation is based, however, not upon the chemical manufacturer’s intended use of his product, but upon how it actually is used in the workplace. Employees who are required to work with hazardous chemicals in a manner that results in a duration and frequency of exposure greater than what a normal consumer would experience have a right to know about the properties of those hazardous chemicals.

Top 10 OSHA Citations for 2016

Every October, the Department of Labor’s Occupational Safety and Health Administration releases a preliminary list of the 10 most frequently cited safety and health violations for the fiscal year, compiled from nearly 32,000 inspections of workplaces by federal OSHA staff.

One remarkable thing about the list is that it rarely changes. Year after year, our inspectors see thousands of the same on-the-job hazards, any one of which could result in a fatality or severe injury.

More than 4,500 workers are killed on the job every year, and approximately 3 million are injured, despite the fact that by law, employers are responsible for providing safe and healthful workplaces for their workers. If all employers simply corrected the top 10 hazards, we are confident the number of deaths, amputations and hospitalizations would drastically decline.

Consider this list a starting point for workplace safety:

  1. Fall protection
  2. Hazard communication
  3. Scaffolds
  4. Respiratory protection
  5. Lockout/tagout
  6. Powered industrial trucks
  7. Ladders
  8. Machine guarding
  9. Electrical wiring
  10. Electrical, general requirements

It’s no coincidence that falls are among the leading causes of worker deaths, particularly in construction, and our top 10 list features lack of fall protection as well as ladder and scaffold safety issues. We know how to protect workers from falls, and have an ongoing campaign to inform employers and workers about these measures. Employers must take these issues seriously.

We also see far too many workers killed or gruesomely injured when machinery starts up suddenly while being repaired, or hands and fingers are exposed to moving parts. Lockout/tagout and machine guarding violations are often the culprit here. Proper lockout/tagout procedures ensure that machines are powered off and can’t be turned on while someone is working on them. And installing guards to keep hands, feet and other appendages away from moving machinery prevents amputations and worse.

Respiratory protection is essential for preventing long term and sometimes fatal health problems associated with breathing in asbestos, silica or a host of other toxic substances. But we can see from our list of violations that not nearly enough employers are providing this needed protection and training.

The high number of fatalities associated with forklifts, and high number of violations for powered industrial truck safety, tell us that many workers are not being properly trained to safely drive these kinds of potentially hazardous equipment.

Rounding out the top 10 list are violations related to electrical safety, an area where the dangers are well-known.

Our list of top violations is far from comprehensive. OSHA regulations cover a wide range of hazards, all of which imperil worker health and safety. And we urge employers to go beyond the minimal requirements to create a culture of safety at work, which has been shown to reduce costs, raise productivity and improve morale. To help them, we have released new recommendations for creating a safety and health program at their workplaces.

We have many additional resources, including a wealth of information on our website and our free and confidential On-site Consultation Program. But tackling the most common hazards is a good place to start saving workers’ lives and limbs.

Thomas Galassi is the director of enforcement programs for OSHA.

Top 10 reasons to be a Safe and Compliant member

Link

  1. Save lives, avoid accidents and minimize health issues for your employees and customers by having a safety program in place.
  2. Avoid potentially huge fines for not having an OSHA required safety and HAZCOM program.
  3. No need to worry about employees (or ex-employees) or competitors or anyone else turning you in to OSHA as a non-compliant company.
  4. Be ready for an OSHA inspection at any time.
  5. Provide required safety meetings and save time in preparation with “Safety Meetings in a Box.”
  6. Many general contractors are now requiring that you provide a copy of your safety program in order to bid. This is a growing trend
  7. Show your employees that you are providing them with a safe work environment.
  8. Show your customers your company complies with OSHA requirements, etc. by posting your Certified Safe and Compliant Company badge.
  9. Avoid or minimize costly lawsuits or at least provide your attorney with evidence that you comply with all safety laws, etc.
  10. No other option is faster, easier, and more affordable for getting a Safety Program in place.

A Safety and Health program is designed to keep you and your staff safe in the workplace.

This includes making your employees aware of safety hazards, health concerns and accident prevention. The value of having a proper safety program in place cannot be over-emphasized.

Are you aware that your employees may be required to be checked for hearing within 3 months of hire date and then again periodically?

 Are your employees exposed to loud noises over a period of time? OSHA and a number of states require that these employees be checked for hearing within 3 months of being hired. This is not only a good idea because OSHA requires it, but it’s a good idea to protect yourself from a lawsuit.

That’s right, an employee can sue you for causing their lack of hearing. How do you know that employee didn’t have a hearing problem before he was hired?

There are other things you should do to protect yourself as well to reduce your legal exposure. Your user editable Safety Checklist will provide a great check and balance to help you ensure you have taken necessary precautions.

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