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CAL-OSHA They are the government and they are here to help us!
County of Kern, Risk Management2 CAL-OSHA? FED OCCUPATIONAL SAFETY AND HEALTH ACT 1970 CAL-OSHA 1973 AB 1127
County of Kern, Risk Management3 DOSH DIVISION OF OCCUPATIONAL SAFETYAND HEALTH Enforcer of safety and Health Standards and Regulations Bureau of Investigations- Criminal Investigations
County of Kern, Risk Management4 CAL-OSHA CONSULTING Offers these services: – INSPECTONS –CONSULTING –TRAINING –NO FINES …...
County of Kern, Risk Management5 OCC. SAFETY AND HEALTH STDS. BOARD ADOPTS AMENDS REPEALS California Code of Regulations, Title 8
County of Kern, Risk Management6 OCC.SAFETY AND HEALTH APPEALS BOARD HEARS APPEALS REGUARDING CAL/OSHA ENFORCEMENT ACTIONS
County of Kern, Risk Management7 WHOS COVERED ?? NO-- MARITIME NO-- DOMESTIC SERVICE WORKERS NO-- FEDS YES EVERYBODY THATS LEFT
County of Kern, Risk Management8 INSPECTIONS PROGRAM PLAN--- RANDOM -- RELATED UNPROGRAMED (after an) ACCIDENT---- COMPLAINT--- REFERRAL---- FOLLOW-UP
County of Kern, Risk Management9 WHAT TO EXPECT FROM AN INSPECTION PERMISSION CREDENTIALS CONFERENCE WALKAROUND CITATION CLOSING CONFERENCE
County of Kern, Risk Management10 PERMISSION MANAGEMENT REPRESENTATIVE EMPLOYER REP WITH AUTHORITY INSPECTION WARRANT CREDENTIALS W/PHOTO
County of Kern, Risk Management11 OPENING CONFERENCE REVIEW OF RECORDS –IPP –WORK/COMP –INSPECTIONS –COMMUNICATION –ACCIDENTS –REASON FOR VISIT
County of Kern, Risk Management12 WALKAROUND WITH EMPLOYER REP. AND EMPLOYEE REP. INTERVIEWS PHOTOS TESTING AND SAMPLING YELOW TAG PRESERVE ORDER
County of Kern, Risk Management13 CITATIONS ANY VIOLATION OF CODE POSTING (THREE DAYS) ABATEMENT
County of Kern, Risk Management14 PENALTIES SIZE –100 EMPLOYEES GOOD FAITH –NEXT SLIDE HISTORY –PREVIOUS CITATIONS
County of Kern, Risk Management15 GOOD FAITH SAFETY PROGRAM EVALUATION COOPERATION EFFORT TO COMPLY COMMUNICATION W/EMPLOYEES RESOLVE TO CORRECT HAZARD PPE
County of Kern, Risk Management16 ABATEMENT ABATEMENT CREDIT –50% presumption of correction –credit revoked without proof –Failure to abate –not to exceed $15,000 per day
County of Kern, Risk Management17 CLOSING CONFERENCE ALLEGED VIOLATIONS ENFORCEMENT ACTIONS ABATEMENT FOLLOW-UP INSPECTION
County of Kern, Risk Management18 SETTING ABATEMENT DATE DEGREE OF HAZARD TIME NEEDED INTERIM SAFETY MEASURES WEEKENDS AND HOLIDAYS RECEIPT OF CITATION
County of Kern, Risk Management19 TYPES OF ISSUES NOTICE SPECIAL ORDER INFORMAL MEMORANDUM FAILURE TO ABATE CITATION
County of Kern, Risk Management20 CITATIONS WILLFUL SERIOUS –DEATH OR SERIOUS INJURY GENERAL REPEATED
County of Kern, Risk Management21 PENALTIES VIOLATIONS FAILURE TO ABATE DAILY PENALTY REPEAT VIOLATIONS FALSE STATEMENTS AND/OR RECORDS KNOWLEDGE OF HAZARD
County of Kern, Risk Management22 INFORMAL CONFERENCE WHEN –EMPLOYEE MAY REQUEST –WITHIN 10 DAYS WHY –EXTENTION OF ABATEMENT –EVIDENCE –PENALTIES INAPPROPRIATE
County of Kern, Risk Management23 APPEALS 15 DAYS AFTER RECEIPT TELEPHONE PREHEARING LOCAL DOSH OFFICE ADMINISTRATIVE LAW JUDGE PETITION FOR RECONSIDERATION WITHIN 30 DAYS APPEAL TO SUPERIOR COURT
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