Certified Safety Construction Business CB105

1. Certified Safety Construction Business CB105 Presented By: Construction Compliance Training Center This material was developed by Compacion Foundation Inc and The Hispanic Contractors Association de Tejas under Susan Harwood Grant Number SH-20-843-SH0 Occupational Safety and Health Administration, U.S. Department of Labor. It does not necessarily reflect the views or policies of the U.S. Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsements by the U.S. Government.

2. Purpose The purpose of this module is to describe the process of job site inspection by OSHA inspector; describe the rules of the inspection citations and penalties. • You will identify; • OSHA  Act. • Inspection Priorities • OSHA Inspections Process • Type of Citations and • Violations • Citation process • Available Resources CB105 OSHA Citation Handling Process

3. OSHA Standards • 29 CFR 1926 • “29” Labor • “CFR” Code of Federal Regulations • “1926” Construction Industry • 5a1 General duty clause • Horizontal Vs. Vertical • Performance Vs. Specification • CPL/STD Documents CB105 OSHA Citation Handling Process

4. Imminent Danger • Fatalities and Catastrophes • Complaints • Formal • Non-formal • Referrals • Programmed • Follow Up (Especially Willful & Repeat) CB105 OSHA Citation Handling Process

5. Opening Conference • Walk around Inspection • Closing Conference CB105 OSHA Citation Handling Process

6. Highlights Of An Opening Conference CSHO: • Presents credentials • Explains purpose of inspection • Requests employee participation • Outlines scope of the inspection • Determines employers on site (Continue) CB105 OSHA Citation Handling Process

7. Highlights Of An Opening Conference CSHO: • Reviews OSHA Logs • Verifies HazCom Program • Verifies Safety and Health Program • May verify Access to Employee Exposure and Medical Records (1910.1020) • Verifies OSHA Poster CB105 OSHA Citation Handling Process

8. CSHO • Identifies potential S&H hazards • Determines employee awareness & knowledge • Evaluates PPE selection, maintenance & use • Documents apparent violations • Photographs or videotapes them • Questions employees privately CB105 OSHA Citation Handling Process

9. Highlights Of An OSHA Closing Conference CSHO: • Gives Employer Rights & Responsibilities Following an OSHA Inspection. • Explains: • Employer’s Rights • Contest Procedures • Informal Conference • Penalties • Consultation Services (Continue) CB105 OSHA Citation Handling Process

10. Highlights Of An OSHA Closing Conference CSHO: • Discusses apparent violations • Asks for abatement of violations CB105 OSHA Citation Handling Process

11. Citation Types • Serious • Menos Serias • Willful • Repeat • De Minimus CB105 OSHA Citation Handling Process

12. Citation Types • Serious There is a high probability of death or serious physical harm could result, and the employer knew or should have known or the hazard. Maximum Penalty: $7,000 CB105 OSHA Citation Handling Process

13. Citation Types • Effective date April 22, 2010 • Gravity-Base Penalty (GBP) CB105 OSHA Citation Handling Process

14. Citation Types • Other-Than-Serious Not serious, but impacts the safety and health of employees. CB105 OSHA Citation Handling Process

15. Citation Types • Willful Employer committed an intentional and knowing violation or showed plain indifference to the law. Maximum Penalty: $70,000. Minimum Penalty: $25,000 ($5,000 for less than 50 employees) CB105 OSHA Citation Handling Process

16. Citation Types • Repeat Violation of the same or similar standard within 5 years. Employers with more than 250 employees: • First Repeat - Multiply penalty times 5. • Second Repeat - Multiply penalty times 10. CB105 OSHA Citation Handling Process

17. Citation Types • Repeat Violation of the same or similar standard within 5 years. Employers with less than 250 employees: • First Repeat - Multiply penalty times 2. • Second Repeat - Multiply penalty times 5. CB105 OSHA Citation Handling Process

18. Citation Types • De Minimus Violation which has no direct or immediate relationship to employee safety and health. No Penalty. CB105 OSHA Citation Handling Process

19. No OSHA Poster $1,000 • No OSHA 200 Log $1,000 • Failure to post citations $3,000 • Failure to report within 8 $5,000 hours a fatality or accident which hospitalizes 3 or more employees CB105 OSHA Citation Handling Process

20. Citations issued to exposing employer. • Citations can also be issued to: • 1. Employer who creates the hazard, • 2. Employer responsible for overall site safety, and • 3. Employer responsible for correcting the hazard. CB105 OSHA Citation Handling Process

21. Size: No. of Employees Reduction 1 – 25 40 % 26 – 100 30 % 101 – 250 10 % More than 250 None • Good Faith Effort 15% • History (Last 3 Years) 10% CB105 OSHA Citation Handling Process

22. Citations received • Informal Conference • Contest Citation(s) • Administrative Law Judge CB105 OSHA Citation Handling Process OSHA Review Commission U.S. Court of Appeals U.S. Supreme Court

23. Contest Process Processes after informal meeting : • Send notice of contest within 15 working days • Letter of contest ( Sample) • Simplified Proceedings • Field request for Simplified Proceedings • Eligible for Simplified Proceedings • Total proposed penalty of no more than $30,000.00 dollars CB105 OSHA Citation Handling Process

24. Contest Process Commission Procedures : • Proceedings before Administrative Law Judges • Represent themselves • Notice of Contest • Simplified Proceedings • Rules of Procedure • Questions Regarding Proper Procedure CB105 OSHA Citation Handling Process

25. Contest Process Important Information : • Date when you received the citation • Time to contest 15 working days after received • Informal Meeting in the 15 working days • Request an Informal meeting in wiring. • Send certificate of abetment on time. • Informal Settlement Agreement (see sample) CB105 OSHA Citation Handling Process

26. Consultation program • OSHA web page : http://www.osha.gov/ • OSHA CD-ROM : 202-783-3238 • OSHA Training Institute & Ed Centers • OSHA hotline : 1-800-321-OSHA • OSHA area and regional offices • ASSE, AIHA, other trade groups CB105 OSHA Citation Handling Process

27. No cost, confidential assistance • On-site assistance with safety and health • Serious hazard obligation! • Sometimes there is a backlog • Focused compliance assistance or comprehensive assistance • Texas Department of Insurance Dallas , 214-350-9299 ext.700 CB105 OSHA Citation Handling Process

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29. Photos shown in this presentation may depict situations that are not in compliance with applicable OSHA requirements. • It is not the intent of the content developers to provide compliance-based training in this presentation, the intent is more to address hazard awareness in the construction industry, and to recognize the overlapping hazards present in many construction workplaces. • It should NOT be assumed that the suggestions, comments, or recommendations contained herein constitute a thorough review of the applicable standards, nor should discussion of “issues” or “concerns” be construed as a prioritization of hazards or possible controls. Where opinions (“best practices”) have been expressed, it is important to remember that safety issues in general and construction jobsites specifically will require a great deal of site - or hazard-specificity - a “one size fits all” approach is not recommended, nor will it likely be very effective. • It is assumed that individuals using this presentation, or content, to augment their training programs will be “qualified” to do so, and that said presenters will be otherwise prepared to answer questions, solve problems, and discuss issues with their audiences. • No representation is made as to the thoroughness of the presentation, nor to the exact methods of recommendation to be taken. It is understood that site conditions vary constantly, and that the developers of this content cannot be held responsible for safety problems they did not address or could not anticipate, nor those which have been discussed herein or during physical presentation. It is the responsibility of each employer contractor and their employees to comply with all pertinent rules and regulations in the jurisdiction in which they work. Copies of all OSHA regulations are available form your local OSHA office. This presentation is intended to discuss Federal Regulations only – your individual State requirements may be more stringent. • As a presenter, you should be prepared to discuss all of the potential issues/concerns, or problems inherent in those photos particularly. CB105 OSHA Citation Handling Process