MAMF MeetingMAMF Meeting- September 22, 2011 - Yonkers, NY -- September 22, 2011 - Yonkers, NY -
and The Metal Finishing Industry - An Overview of the Agency and It’s Impact on the Plating Industry -
Risk Management Planning Group, Inc. 211 Station Road - Suite 700
Mineola, New York 11501
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The Occupational Safety and
Health AdministrationThe Act of 1970 (Walsh-Healy)
“…to assure safe and healthful working conditions for working men and women…”
by authoring enforcement of the Standards developed under the Act;
by assisting and encouraging the States in their efforts to assure safe and healthful working conditions;
by providing for research, information, education, and training in
the field of occupational safety and health
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The Occupational Safety and
Health AdministrationStructure
Department Of Labor Assistant Secretary - David Michaels
10 Regional Offices Region II (Manhattan) – NY, NJ, PR, VI
Area Offices Queens Westbury Tarrytown Albany Syracuse Buffalo Avenel, NJ (Staten Island)
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The Occupational Safety and
Health AdministrationTypical Area Office Structure
Area Director
Asst. Director
Compliance Assistance Specialist
Alliances
Outreach Training
Compliance Safety and Health Officers (CSHOs)
Federal Officers
Trained in the Standards and in recognition of Safety and Health hazards
Traditional workplace safety expertise
Industrial hygiene expertise
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OSHA’s PurposeDevelop Job Safety and Health Standards
Title 29, Code of Federal Regulation – LABOR
General Industry Standards Special Industries
Construction Industry Standards
The General Duty Clause (5a) (from the Act)
“ Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees…”
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OSHA’s Purpose Enforcement of Standards
Research in the S&H Field NIOSH (National Institute for Occupational Safety and Health) ANSI (American National Standards Institute) Alliances
Maintaining Reporting and Recordkeeping System Injury and Illness Report (OSHA 301) Log of Work Related Injuries (OSHA 300) Summary of Work Related Injuries and Illnesses (OSHA 300A)
Establish Separate Rights and Responsibilities
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OSHA’s Current Focus
Strong, Fair, and Effective Enforcement
Outreach, Education, and Compliance Assistance
Partnerships and Cooperative Programs
Alliances
National and Regional Emphasis Programs June 2011 – NEP for the Primary Metals Industry
“…minimizing or eliminating exposure to chemical hazards and physical hazards…” “…inspecting facilities that manufacture primary metals and metal products…”
OSHA en Espanol - Hispanic Outreach Program
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Why Me???
Fatal or “Serious” Accidents
Referral Inspections
“In Plain View” Inspections
Emphasis Program Inspections
Recordkeeping Inspection
Employee Complaint
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Citations and PenaltiesOther-Than-Serious Up to $7,000.“…the most serious injury or illness that would be likely to result from a hazardous condition cannot
be predicted to cause death or serious physical harm…but does have a direct and immediate relationship to their safety and health.”
Serious Up to $7,000.“…when the workplace hazard could cause injury or illness that would most likely result in death or
serious physical harm, unless the employer did not know or could not have known of the violation.”
Failure to Abate Up to $7,000 per day“…when the employer has not corrected a violation for which OSHA has issued a citation and the
abatement date has passed…”
Repeated Up to $70,000.“…if that employer has been cited previously for a substantially similar condition… “ “A citation is
currently viewed as a repeated violation if it occurs within 3 years either from the date that the earlier citation becomes a final order or from the final abatement date, whichever is later.”
Willful From $5,000 to $70,000.“…a violation in which the employer knew that a hazardous condition existed but made no
reasonable effort to eliminate it and in which the hazardous condition violated a standard…”
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Impact on Industry Members
Compliance with the Recordkeeping Standard Forms 300, 300A, AND 301 (OR EQUIVALENT) Current and prior 5 years
Hazard Communication Standard Site-specific written program Chemical Inventory MSDS’s Labeling Annual and Refresher training
Fire Safety Exits clearly identified and unobstructed Annual inspections of fire suppression systems Flammable and combustible material storage areas
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Impact on Industry Members
Personal Protective Equipment Standard Documented Hazard Assessment Site-specific written program Annual and refresher training
Respiratory Protection Standard Documented Exposure Assessment Site-specific written program Respiratory Protection training Medical Evaluation Forms Annual Fit-Testing
Occupational Noise Exposure Standard Noise level monitoring Personal monitoring Hearing Conservation Program Audiometric testing
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Employer Rights
To refuse entry
To ask why they are there
To request postponement of an inspection
To accompany CSHO’s during inspection Except employee interviews
To question all monitoring and measuring
To take photos and measurements
To a closing conference
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Employer Rights – After Inspection
Request an Informal Conference
Within 15 working days of receipt of citations With the Area Director to discuss the citation and penalty Obtain a better explanation of violations Dispute citations based upon improper application of a standard Present additional information not evident in the inspection Negotiate and enter into an informal settlement agreement Discuss problems concerning abatement dates
Contest in Writing Within 15 working days of receipt of citations Must clearly state what is being contested - the citation, penalty, or abatement date or any
combination of factors Must be made in good faith – not solely to avoid your responsibilities Can be filed after an informal conference, but within the 15 day window Once Notice of Intent to Contest is filed, the case is officially in litigation Case is forwarded to Occupational Safety and Health Review Commission Commission assigns case to an Administrative Law Judge who schedules a hearing Judge ultimately affirms, modifies, or eliminates the contested items
Petition for a Modification of Abatement You are unable to meet an abatement date and the 15 day contest period has expired Submitted no later than 1 working day after the abatement date Must show good faith effort to comply and steps you have taken
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RMPG Services
Presentations: Employer and Employee Rights and Responsibilities
Investigation of serious accidents
Compliance Assessment – Determining the Compliance Posture
Site/Facility Surveys
Interviews
OSHA Recordkeeping Review
Required compulsory program review
Required compulsory training review
Review of Environmental and Personal Monitoring
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RMPG Services
Compliance Measures Position Paper
Interpretation of cited standards and applicability to client
Safety and Health Program Development and Implementation
Compulsory programs as determined by the Compliance Assessment
Compulsory training as determined by the Compliance Assessment – Bi-lingual.
Respiratory Protection Services Written program development Medical evaluation review by PLHCP Fit testing Training
Recordkeeping set-up and training
Specific hazard abatement
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RMPG Services
Client Representation
During OSHA inspections At Closing Conferences after inspections Request on behalf of and represent client at Informal
Conference Preparation of responses to Non-Formal Complaints Subject Matter Expertise availability to client’s Counsel
Citations and Penalties
Review citations for applicability; defend ability Negotiations to mitigate seriousness of citations and
reduction of penalties Negotiation of hazard abatement time frame Letters of Contest Settlement Agreements
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Thank You!!!
On behalf of the entire RMPG team,We thank you….
For the invitation
For the opportunity to address you
For your attention and cooperation
For a great dinner and the opportunity to meet nice people!!!
Michael Huthwaite – (516) [email protected]
Janet B. Murphy – (516) [email protected]