Pub. 2 Issue 1

16 17 www.glancda.org SPRING 2014 » » In The Dealership Own every opportunity on your lot and in your showroom with custom products from Reynolds Document Services. » Draw attention to sales events. » Stamp your name on every car. » Highlight valuable vehicle information. » Differentiate your store from the competition. © 2013 The Reynolds and Reynolds Company. All rights reserved. Printed in the U.S.A. 9/13 To learn how to claim your space, contact your Document Services Consultant or visit www.reyrey.com/ClaimYourSpace. Steve Eyrich - 661.312.5363 Ron Spyker - 310.600.0871 Mark Tartaglia - 714.329.1012  OSHA Inspection — continued from page 15 determines the route and duration of the inspection. We recommend that you LIMIT, LIMIT the scope of the inspection agreed upon the opening conference. While talking with employees, the compliance officer makes every effort to minimize any work interruptions. The compliance officer observes safety and health conditions and practices; if necessary take photos, videotapes, and/ or instrument readings; examines records; collects air samples; measures noise levels; surveys existing engineering controls; and monitors employee exposure to toxic fumes, gases, and dust. Take split samples from the inspector at the end of the walkthrough for independent analysis. When compliance officer finds a violation in open view, called the "plain view exception," the scope of inspection now incorporates the plain view observation. The compliance officer keeps all trade secrets observed confidential. The compliance officer consults employees during the inspection tour. Where there is no authorized employee representative, however, the compliance officer must consult with a reasonable number of employees concerning safety and health matters in the workplace. Allow consultation with your available employees for the short time period that they have available in their work shift. If the officer demands longer interview process, then the interviews may have to be scheduled after the work hours. We note, this rarely happens, i.e., the inspector does not wait beyond 5PM to complete the inspection! OSHA places special importance on posting and recordkeeping requirements. The compliance officer will inspect records of deaths, injuries, and illnesses that the employer is required to keep. During the course of the inspection, the compliance officer will point out to the employer any unsafe or unhealthful working conditions observed. At the same time, the compliance officer will discuss possible corrective action if the employer so desires. Some apparent violations detected by the compliance officer can be corrected immediately. When the employer corrects them on the spot, the compliance officer records such corrections to help in judging the employer's good faith in compliance. Although corrected, the apparent violations will serve as the basis for a citation and, if appropriate, a notice of a proposed penalty. OSHA may reduce the penalties for some types of violations if they are corrected immediately. Closing Conference: At the conclusion of the inspection, the compliance officer conducts a closing conference with the employer, employees, and/or the employees' representative. The compliance officer gives the employer and all other parties involved a copy of Employer Rights and Responsibilities Following an OSHA Inspection for their review and discussion. The compliance officer discusses with the employer all unsafe or unhealthful conditions observed during the inspection and indicates all apparent violations for which he or she may issue or recommend a citation and a proposed penalty. The compliance officer will not indicate any specific proposed penalties but will inform the employer of appeal rights. During the closing conference, the employer may wish to produce records to show compliance efforts and provide information that can help OSHA determine how much time may be needed to abate an alleged violation. When appropriate, the compliance officer may hold more than one closing conference. This is usually necessary when the inspection includes an evaluation of health hazards or after the compliance officer obtains additional factual evidence while concluding an accident investigation. Documents that may be required for review are as follows: • Illness & Injury Prevention Program (IIPP-CA) or Accident Prevention Program • Respiratory Protection Program (for bodyshop) • Heat Stress (for California) • Hazard Communication Program • Access to Safety Data Sheets, Etc. • Personal Protective Equipment Program • First Report of Injury/Illness (When investigating an accident) • Relevant training records (related to accident/injury) Ref: https://www.dir.ca.gov/ DOSHPol/CalOSHA-1AY.pdf WHAT ARE THE RESULTS OF AN INSPECTION? After the compliance officer reports findings, the Area Director determines whether he or she will issue citations and/or propose penalties. Citations: OSHA citations inform the employer and employees of the regulations and standards alleged to have been violated and note the proposed length of time set to correct alleged violations. The employer will receive citations and notices of proposed penalties by certified mail. The employer must post a copy of each citation at or near the place a violation occurred for 3 days or until the violation is abated, whichever is longer. Penalties: Fed-OSHA penalty schedule is as follows: General Maximum: $1000, Serious Violation Minimum: $1500 Maximum: $7000, Willful Violation Minimum: $5000 Maximum: $70,000, Willful Violation (results in death) by Individuals: $250,000 + 6 months jail, Corporation: $500,000 + 6 months jail. Egregious Multiplier Willful penalties are applied on a violation- by-violation basis or employee-by- employee exposure. Repeat Violation Maximum: $70,000, Failure-to-Abate Up to $7000 per day for each day violation continues beyond abatement date. Violating posting requirements may bring a civil penalty of $7000. Falsifying records or making false statements results in a $10,000 fine or up to 6 months jail or both. Assaulting a compliance officer or otherwise resisting, opposing, intimidating, or interfering with a compliance officer in the performance of his or her duties is a criminal offense and is subject to a fine of no more than $5000 and imprisonment for no more than 3 years. Certain notable violations for general industry in California for 2012-2013 can be found at http:// www.dir.ca.gov/dosh/citation.html. We note California penalties are higher than the Fed-OSHA penalty structure listed above. Ref: Material above has been adopted from OSHA Inspections Document published by DOL. Additional reading for Cal/OSHA inspections is found at https://www.dir.ca.gov/DOSHPol/ P&PC-1A.HTM.  Sam Celly has advised auto dealers regarding EPA/OSHA compliance in 9 western states since 1987. Sam got his Bachelors of Chemical Engineering degree in 1984 followed by MS in Chemical Engineering (School of Mines & Technology) in 1986. In 1997, he received his Doctorate of Jurisprudence from Southwestern University in Los Angeles with emphasis on Labor & Environmental Law. Sam is a Certified Safety Professional and has served as the Chair of the Law Committee and Environmental Issues Committee of the American Industrial Hygiene Association (AIHA). Additionally, he is a member of American Institute of Chemical Engineers (1985) and the AIHA, where he is the President of the Southern California Section. Send your comments to sam@cellyservices.com.