Certified Safety Construction Business CB105

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.

Certified Safety Construction Business CB105

Presented By: Construction Compliance

Training Center

CB105 OSHA Citation Handling Process

PurposePurposeThe 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

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


Imminent Danger Fatalities and Catastrophes Complaints

◦ Formal◦ Non-formal

Referrals Programmed Follow Up (Especially Willful & Repeat)


Opening Conference

Walk around Inspection

Closing Conference


CSHO: Presents credentials Explains purpose of inspection Requests employee participation Outlines scope of the inspection Determines employers on site

(Continue)


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


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


CSHO: Gives Employer Rights & Responsibilities Following

an OSHA Inspection. Explains:

◦ Employer’s Rights◦ Contest Procedures◦ Informal Conference◦ Penalties◦ Consultation Services(Continue)


CSHO: Discusses apparent violations Asks for abatement of violations


Citation TypesCitation Types

Serious

Menos Serias

Willful

Repeat

De Minimus


SeriousThere 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


Effective date April 22, 2010 Gravity-Base Penalty (GBP)

Severity Probability GBP Gravity

High Greater $7,000 High

Medium Greater $6,000 Moderate

Low Greater $5,000 Moderate

High Lesser $5,000 Moderate

Medium Lesser $4,000 Moderate

Low Lesser $3,000 Low


Other-Than-SeriousNot serious, but impacts the safety and health of employees.


WillfulEmployer 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)


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.


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.


De Minimus

Violation which has no direct or immediate relationship to employee safety and health.

No Penalty.


No OSHA Poster $1,000

No OSHA 200 Log $1,000

Failure to post citations $3,000

Failure to report within 8 $5,000hours a fatality or accident which hospitalizes 3 or moreemployees


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.


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%


Citations received

Informal Conference

Contest Citation(s)

Administrative Law Judge

OSHA Review Commission

U.S. Court of Appeals

U.S. Supreme Court


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


Commission Procedures : Proceedings before Administrative

Law Judges

Represent themselves

Notice of Contest

Simplified Proceedings

Rules of Procedure Questions Regarding Proper

Procedure


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)


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


http://www.osha.gov/



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




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.