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Page 1 Recording of this session via any media type is strictly prohibited. Page 1 Proactive Risk Management Ensures Survival During an OSHA Inspection.

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Presentation on theme: "Page 1 Recording of this session via any media type is strictly prohibited. Page 1 Proactive Risk Management Ensures Survival During an OSHA Inspection."— Presentation transcript:

1 Page 1 Recording of this session via any media type is strictly prohibited. Page 1 Proactive Risk Management Ensures Survival During an OSHA Inspection Presented by: Stephany Rockwell, Risk Manager, JBS USA Donna Lynch, CSP, Antea Group April 29, 2014

2 Page 2 Recording of this session via any media type is strictly prohibited. Stephany Rockwell, JBS USA, Risk Manager Stephany is a licensed attorney with over 20 years of risk management experience at several Fortune 500 companies. Session Presenters

3 Page 3 Recording of this session via any media type is strictly prohibited. Donna Lynch, CSP, Antea Group - Consultant Donna is an industrial engineer and Certified Safety Professional with over 17 years of experience in loss prevention, risk management and environmental, health & safety. She has worked for privately held manufacturing firms, an insurance company, a large privately held insurance broker, and currently a global EHS consulting firm. Currently she assists global clients with the management and implementation of their EHS programs. Session Presenters

4 Page 4 Recording of this session via any media type is strictly prohibited. Understand the OSHA Inspection Process and Your Rights as an Employer Identify actions to take and things to avoid during an OSHA inspection to minimize liability. Proactive Risk Management to mitigate your risk before, during and after an OSHA inspection. Learning Objectives from the Presentation

5 Page 5 Recording of this session via any media type is strictly prohibited. Agenda Housekeeping, safety, introductions Overview of OSHA, inspection triggers and why manage the risk Inspection process, current trends Employer’s rights, managing the process Proactive measures to minimize citations and fines Multi-employer worksites Questions

6 Page 6 Recording of this session via any media type is strictly prohibited. 6 New Direction New Legislation Aggressive enforcement and regulatory focus Major new directives not requiring rulemaking Direct final rulemaking Far-reaching penalty directives Less cooperation Almost everything… OSHA Overview, What’s Changing?

7 Page 7 Recording of this session via any media type is strictly prohibited. Fully Funded OSHA Budget 7

8 Page 8 Recording of this session via any media type is strictly prohibited. Aggressive enforcement and regulatory focus More inspectors Higher penalties and publicity More employers placed in the Severe Violators Enforcement Program (SVEP) The 2014 goal is to conduct 31,400 safety inspections, 2,200 fewer safety inspections than OSHA is going to focus more on the quality of inspections rather than quantity. 8 Enforcement

9 Page 9 Recording of this session via any media type is strictly prohibited. What Triggers an Inspection? Imminent danger Fatality or catastrophe Complaint or referral Programmed inspection o 13 National Emphasis Program o 140 Local/Regional Emphasis Programs Follow-up

10 Page 10 Recording of this session via any media type is strictly prohibited. OSHA Inspection Process Opening conference o Document review Walk around/inspection Closing conference o Abatement period o Informal conference

11 Page 11 Recording of this session via any media type is strictly prohibited. Opening Conference Type of inspection (present the complaint) Identify purpose and scope of the inspection Take photographs Request 300 logs and safety program Present warrant (if requested)

12 Page 12 Recording of this session via any media type is strictly prohibited. The “Walk Around” Identify and document the hazards Review records and programs Take photos, video, instrument readings Interview employees Establish employee exposure Establish employer knowledge of condition

13 Page 13 Recording of this session via any media type is strictly prohibited. Things to Know The inspection process is a legal matter and is subject to legal review and enforcement by the courts The employees interviewed are potential witnesses The photos and measurements taken are evidence that the hazards exist The questions asked of management are to determine employer knowledge of the condition OSHA must prove that the hazards exist, employees are exposed and the employer knew or could have known of the hazardous conditions

14 Page 14 Recording of this session via any media type is strictly prohibited. Closing Conference Review of inspection findings Abatement options Citation/penalty Posting Informal conference- 15 working days Failure to correct- follow up inspections

15 Page 15 Recording of this session via any media type is strictly prohibited. Most Cited Standards 1.Fall Protection (8,241 violations for Fiscal 2013) 2.Hazard Communication (6,156) 3.Scaffolding (5,423) 4.Respiratory Protection (3,879) 5.Electrical, Wiring Methods (3,452) 6.Powered Industrial Trucks (3,340) 7.Ladders (3,311) 8.Lockout/Tagout (3,254) 9.Electrical, General Requirements (2,745) 10.Machine Guarding (2,701) 15

16 Page 16 Recording of this session via any media type is strictly prohibited. The Proof is in the Penalties Big Lots Stores Inc., $169,000 in fines for exit access, crushing, struck-by hazards at West Babylon, NY, store Trade Fair Supermarkets in Queens, NY, for laceration, eye, exit hazards; $128,000 in fines Duane Reade Inc., $71,500 in fines for exit access and fire safety hazards at 598 Broadway store in lower Manhattan Three New York contractors face over $465,000 in fines for electrocution and other hazards at Long Island work site Hawaii resort cited with 14 safety and health violations 16

17 Page 17 Recording of this session via any media type is strictly prohibited. Key Factors Impacting Severity of Penalties Knowledge of OSHA standards Inspection of the worksite by a competent person Communication of the importance of safety to all supervisors and employees Development of written safety rules and procedures Adequate training Progressive discipline for violation of safety rules Safety record and accident history History of previous OSHA violations

18 Page 18 Recording of this session via any media type is strictly prohibited.

19 Page 19 Recording of this session via any media type is strictly prohibited. OSHA – IT IS A RISK - MANAGE IT! Our job as Risk Managers is to prepare for, manage and mitigate incidents which may affect our business, operations, customers and brand.

20 Page 20 Recording of this session via any media type is strictly prohibited. HOW DO WE MANAGE IT? DEVELOP AN OSHA RESPONSE PLAN  Managing this process efficiently will manage adverse situations effectively  Regularly train and exercise OSHA response teams  Develops and maintain capabilities  Validates plans and processes  Prevents the situation from becoming a crisis  Creates alignment within your organization and response

21 Page 21 Recording of this session via any media type is strictly prohibited. OSHA RESPONSE PLAN DEVELOPMENT IDENTIFY  What are the issues inherent in your industry?  What are the current hot buttons for OSHA in your region and industry?  What has been a focus in prior OSHA inspections and citations?  How have we responded to these areas? INSPECTION PROTOCOL  Organize information and records  Appoint a primary OSHA contact and a backup  Designate a meeting room  Establish appropriate behavioral and interaction requirements POST INSPECTION MEETING  Analyze the inspection, results and evidence within hours after inspection with safety, senior management, corporate counsel and public relations.

22 Page 22 Recording of this session via any media type is strictly prohibited. RESPONSE PLAN DEVELOPMENT UTILIZE YOUR RESOURCES  Broker  Property Engineers  Outside Counsel (invest some time in finding the right attorney)  Carrier Partners (consult with your broker first)  Safety  Consultant  Peers

23 Page 23 Recording of this session via any media type is strictly prohibited. RESPONSE PLAN DEVELOPMENT RESPONSE PROTOCOL  Correct any issues that can be immediately addressed  Refute any issues you feel are not relevant  Engage outside counsel to assist in the evaluation of the citation and preparation of your response  Use Outside counsel to negotiate and attend any meetings or hearings with OSHA  Don’t immediately accept a settlement  Ensure you prepare AND EXECUTE a plan to address the concerns in the citation

24 Page 24 Recording of this session via any media type is strictly prohibited. RESPONSE PLAN DEVELOPMENT DE-BRIEF  Ensure the same or similar issue is addressed at all your other locations  Discuss the process and response – what went well, what can be improved?  Implement suggestions  Schedule next mock inspection to test and re-enforce appropriate inspection and response protocol FOLLOW-UP  Train, train, train  Train management, safety, engineering and employees to ensure the issues does not occur again  Conduct periodic OSHA Inspection Response drills CONDUCT MOCK OSHA INSPECTIONS

25 Page 25 Recording of this session via any media type is strictly prohibited. OSHA RISK MANGEMENT  PLAN  TRAIN  EXECUTE  DEBRIEF  ADJUST / IMPROVE  TRAIN

26 Page 26 Recording of this session via any media type is strictly prohibited.

27 Page 27 Recording of this session via any media type is strictly prohibited. My Safety Management Program is Awesome... I Will Never have a Problem. A Final Consideration

28 Page 28 Recording of this session via any media type is strictly prohibited. Multi-Employer Citation Policy Controlling Employer - General supervisory authority over a worksite, including the power to correct safety and health violations itself or require others to correct. Creating Employer - Company that causes a hazardous condition that violates OSHA regulations. Exposing Employer - The one who exposes their own employees to a hazard. This exposure may result from placing their employees in a workplace where other employers have created a hazard or one where they create a hazard. Correcting Employer – The one that is engaged in a common undertaking at the same workplace as the exposing employer and is responsible for correcting a hazard.

29 Page 29 Recording of this session via any media type is strictly prohibited. Questions, Final Comments and Contact Information


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