With the area director allowing for an informal meeting to take place, it is up to me to make sure that I come prepared to this meeting. Making sure that I have all of the facts on why I believe that OSHA should lower penalties and decrease the severity level of some of the citations. I will be bringing with me to the meeting my newly hired Industrial Hygienist and the new Manager of Plant Safety (MPS) to speak in depth about the new safety measures that have been put in place. Before bringing up individual citations I am going to bring up OSHA's own rules on lowering fines based on certain facts about the company in which the citation was levied. The first tactic I will use in order to get the grand total of fines reduced is to use OSHA's …show more content…
The first citation that I would bring up to the area director would be a series of citations all involving the frame assembly department Citation 1 Items 1-5 totaling $25,200 in fines and all classified as Serious. This is where I would allow my Certified Industrial Hygienist (CIH) to speak with the area director. My CIH would start by handing the area director the written respiratory program that he and the plant safety manager put together from scratch. Then he would explain that he advised me to close down the assembly plant until he can fully implement this program and everyone in the department is comfortable and understands every detail of the program. The CIH would then hand over a stack of signed agreements that all of the employees in the assembly department signed, stating that they have read and are in compliance with the newly written program as well as medical documents stating that all employees are cleared to use a respirator. As the owner, I would give the area director receipts from the purchasing of new respirators and new air filtration system for the assembly shop. The next citation that I want to discuss is Citation 1 Item 6 which involves the energy control procedure. I would let both the CIH and the MPS rundown the program that they have put in place and again show the area director documents proving that all maintenance employees have gone through training and understand how the system works. We would also present
cause us to amass fines from OSHA (Occupational Safety and Health Administration). So to take
During interviews that were conducted during the investigation, it became evident that a lot of employees are no understanding of the OSHA regulations and had received no training on trench safety. The second violation states that Williams did not ensure that their employees did not have to travel more than twenty-five feet to a safe zone. The trench that the employees were working was more than forty-five feet long and only had one exit. At the time of the collapse the employees in question were deep into the trench trying to clean out the water pumps that were in place. This causes a hazard for them because they were unable to reach safety or escape once the walls collapsed. The third violation stated the there was no “competent person” on the job that had extensive knowledge of trench safety. It is regulation by OSHA to have at least one person on cite that is able to spot existing and potential hazards on the job cite. During the investigation it was clear that no employees had knowledge of OSHA or any of the regulations related to trench safety. The fourth and final violation was that Williams failed to ensure that the walls of the excavation were either sloped or supported. It was stated early in the case that the support provided by a hydraulic jack was removed the night before the collapse causes the walls and work environment to be un-stable.
In 2008, Lowe’s Companies, Inc. have failed to ensure a sustainable safety environment, put in place a health program, and maintain adequate record keeping on work-related injury and illnesses claims for certain locations in the state of Ohio. This employer has been made aware of OSHA requirements for its industry and has been cited many times for similar infractions. OSHA regulators have imposed stiff penalty fines that have cost Lowe’s Companies Inc. thousands of dollars. The record-keeping violations at the
I would ask that Dynamic Duo conduct the informal conference with the local OSHA office and then follow through with a contest proceeding if the informal conference proves unsuccessful. It is imperative to inform Dynamic Duo that during the informal conference, it is very important that the employer displays support for the company and carefully listen to all the allegations presented. Therefore, OSHA Area Directors may decide to provide the photos and facts they claim support the citation during this meeting. It is advisable to make detailed notes of all the evidence OSHA presents. Additionally, it is vital the employer remember that despite the informal setting, he or she is voluntarily attending a legally binding interview with government inspectors. This is not the time to make any acknowledgements, concede on any points, or acknowledge the company has violated any rules or
In the case of East Hampshire Homes Jay is faced with balancing state and federal and since the state doesn’t have a issue with their current policy they must strive to be compliant with the federal regulations. To resolve the issues at East Hampshire Homes Jay needs to work with OSHA and not against them. OSHA has a program called VPP the Voluntary Protection Program that started in 1982 (Rakes, 1998). The VPP program requires organizations and the employees to voluntarily work with OSHA to comply with OSHA standards. Once the organization complies with the standards then they have a VPP certification by OSHA. This certifications keeps them from being routinely visited for three years unless there is a major issue. There are a few major benefits associated with VPP certification such as employee morale, decrease risk of employee accidents, and improves relations with OSHA. There is also another great benefit of VPP and that is having a cooperative relationship gives the organization a voice in health and safety matters within their particular industry (Rakes, 1998). So even though they need to comply now they may have a chance to change the policies in the
by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places [4].
OSHA's mission is to assure safe and healthful workplaces by setting and enforcing standards and by providing training, outreach, education, and assistance. Fines are mandatory where serious violations are found. For each willful violation, an employer can be assessed a civil penalty of up to $70,000 for each violation. A business that fails to correct a violation within the allowed time limit for which a citation has been issued can be fined up to $7,000 for each day the violation continues. Finally, a willful first violation involving the death of a worker can carry a criminal penalty as high as $70,000 and six months in prison. A second conviction can be up to $140,000 and a full year behind bars,
Employees can file a complaint against their workplace if they feel that their employer is not following the OSHA standards. Employers who repeatedly violate OSHA standards can receive fines up to $70,000 for each violation. The amount fined depends on the severity of the violation. For example, if a violation isn’t serious, OSHA might fine up to $7,000. If the employer doesn’t correct the problem in a timely manner, OSHA might issue an additional $7,000 fine for each day the violation remains unfixed.
Occupational Safety and Health Administration (OSHA) has come a lengthy way to cut the death rates of firefighters in half. In 1970, they implemented a plan to help change working conditions for all Americans. OSHA was charged with the accountability of fulfilling health and safety standards, conducting inspections, issuing citations and penalties for noncompliance of regulations. OSHA created a division called National Institute Occupational Safety and Health (NIOSH). This division, the NIOSH, conducted research on the causes and prevention of work-related illnesses, injuries, and deaths, then provide information on what new measures can be used to prevent this from occurring so often. The group was
Create a health and safety policy and make sure that all employees are aware of It
Collaborations through seminars and conferences between OSHA and corporate bodies also help to iron out the
Ideally, a comprehensive heat stress program will include several elements, including environmental and medical monitoring (i.e., measurements of pulse rate, oral temperature, and/or weight loss) (OSHA, 1993). Sites also lacked verbal warnings of potential heat stress hazards nor crew rest areas, which endangers personal wellbeing. The heat stress protocols of the organization all varied inconsistently and did not entail a comprehensive program. Between the five superfund incinerator sites multiple citations were issued, thus accumulating to thousands in fines. The citations ranged in severity; from improperly secured high-voltage boxes (Citation 1910.305(b),(g)) to inadequately grounded or bonded drums used to transfer flammable liquids (Citation 1910.106) (OSHA, 1993). Supervisors must implement on-going self-assessment programs that monitor and evaluate employee health and skills. Regular assessment is imperative to ensure employees are aware of their surroundings and adhere to
Guglielmo (2004) identifies a guide to OSHA regulations for employers. Dynamic Duo has three days according to OSHA laws to decide if they are going to argue the citations or to fix the issues. Additionally the employer is required to post a copy of each citation at or close to where the violation occurred for a minimum of three days or until the violation is fixed, whichever is longer. The company has a maximum of 15 days to respond to the citations (pg. 4). An organization should have an attorney they console with to make sure that they are in compliance with laws and what to do in case a lawsuit occurs against their organization.
The citations included 108 willful violations that were related to the combustible dust hazard, ten other willful violations, another 100 citations for serious violations, and then another four for other-than-serious violations. The Port Wentworth facility alone totaled $5 million in penalties. The remaining penalties went toward safety violations at another refinery in Louisiana. OSHA’s inspection mirrored CSB’s inspection. They “found that there were large accumulations of combustible sugar dust in workrooms, on electrical motors and on other equipment. The investigation also determined that officials at the company were well aware of these conditions, but they took no action reasonably directed at reducing the obvious hazards,” (OSHA 2, 2008). In 2010 OSHA and Imperial settled the case with Imperial paying a total of $6 million for the numerous violations that occurred in Georgia and
The employer also has to comply with all standards, rules, and regulations that are set forth by OSHA and the OSH Act. Employers are required to inspect the workplace to insure they are up to OSHA standards. Insure that employees are only using safe tools and equipment that are in their proper condition. It should be easy for the employees to be aware of potential hazards by the employer posting signs, using color codes, labels, or signs to convey warning. Employees must be trained in a language that they understand. Operating procedures must be in place and properly communicated to the employees to assure the employees follow safety and health standards. Employers that house or use hazardous chemicals will be required to have hazardous communication program and for that all the employees to be trained on exposure and precautions. Employers are to fund medical exams if required by OSHA standards. The OSHA poster must placed in a prominent location at the workplace. Records need to be kept of work-related injuries and illnesses. The log of these injuries and illnesses need to made available on February 1st for three months. Assure employees have access to medical and exposure records. Provide a workplace free of discrimination. OSHA citations must be posted at or near the work area where the infraction occurred. The citation must be in place for three working days or until the