When MIOSHA Enforcement Visits

Transcription

1 When MIOSHA Enforcement Visits Presented By: Consultation Education & Training (CET) Division Michigan Occupational Safety & Health Administration Michigan Department of Licensing & Regulatory Affairs (517)

2 Objectives Explain the difference between OSHA and MIOSHA. Identify the options a company has when a MIOSHA compliance officer visits. Identify the process and procedures used by a MIOSHA compliance officer when conducting workplace inspections. Explain the different reasons for MIOSHA inspections 2

3 Who Is MIOSHA? Michigan Occupational Safety and Health Act (MIOSHA) P.A. 154 of 1974, as amended. Allows enforcement of the occupational safety and health regulations at a state level versus the federal level (OSHA). Inspects all places of employment except, domestic employment, federal facilities, maritime, and mines. 3

4 Green = State Approved Plan Blue = Federal Plan 4

5 Reasons For A MIOSHA Inspection 1. Imminent danger 2. Fatality / Catastrophic 3. Accident investigations 4. Employee complaints 5. Program Initiated Routine safety / health inspections 6. Visual Activity or Dodge reports (construction) 7. Referrals (media, government agencies, or physician) 8. Follow-ups (re-inspections) 9. Monitoring inspections 5

6 Arrival At Site No advanced notice Identify his/herself Ask for an employer representative Present credentials and business card Explain reason for visit Relate need for opening conference 6

7 Opening Conference 7

8 Opening Conference Explain employer s and employee s rights Employer/Employee representative Injury Log 300, supplementary reports Written Programs Receive copy of written complaint 8

9 Inspection 9

10 Inspection Encourage dialogue and questions related to safety and health issues, and should offer suggestions and explanations as to how problems might be abated. Conduct employee interviews Compiles written and photographic documentation Written description of recommendation violation Additional visits required for health air or noise monitoring based on data obtained during walk around. 10

11 Written Programs 11

12 Common Written Programs Hazard Communication Lockout/Tagout Permit-Required Confined Space Program PPE Assessment Others (eg. Respirators) Documented training 12

13 Closing Conference 13

14 Closing Conference Discuss each violation Employer takes notes Abatement period & suggested methods Review rights of an appeal and PRA Penalty calculation done in Lansing 14

15 Penalty Reduction 15

16 Penalty Reduction Factors Size of business reduction Up to 80% Past history (3 years) 10% Good faith - up to 30% 16

17 Types of Violations 17

18 Types of Violations De Minimis Other Than Serious Serious Willful Failure to abate Repeat Safety recommendation 18

19 Gravity Based Penalty Assessment Probability Severity Number of exposed employees Duration, proximity, frequency Penalty assessed in accordance with Field Operations Manual (FOM) 19

20 Citation Notice Sent by certified mail Sent to chief executive officer and union representative if requested Abatement period begins upon receiving it 20

21 What to do when the citation arrives? Request an Penalty Reduction Agreement (PRA) Accept the Findings Disagree with the Findings Posting requirements 21

22 Options for Handling Citations Penalty Reduction Agreement PRA Appeals Process - First Appeal - Second Appeal (Board of Health and Safety ) - Administrative Law Judge (ALJ) 22

23 Penalty Reduction Agreement (PRA) Employer agrees to: Correct all violations Pay the reduced penalties Provide assurance of abatement Waive right to appeal Immediately post signed PRA 23

24 Valid Reasons to Appeal Employer is able to prove: No hazard existed No potential exposure Violation occurred Because of an Isolated Incident from Employee Misconduct Abatement technologically is not feasible Employer needs abatement time extension 24

25 Abatement Extension If a citation is accepted, but the violation cannot be corrected within the allotted time, an employer may petition for modification of the abatement date (extension of time). An extension may be considered by the MIOSHA office when the employer has shown good faith in trying to meet the original deadline, and requests the extension prior to or at least within one day of the expiration of the original abatement period. 25

26 Proof of Isolated Incident Employee has been trained and training is documented. Supervision routinely/regularly observes work process. Supervision observes the employee in job performance. Employer has an enforcement/disciplinary program and has documented disciplinary action relative to the violation. 26

27 Appeal Process The MIOSHA program provides a process for employers to appeal a citation. First Appeal: All or part of the citation may be appealed to the issuing division A division review follows and a decision is issued within 15 working days. 27

28 Appeal Process continued First Appeal: Can appeal all or part: Rule - Rule violated Classification - Re-Classification of violation Penalty - Reduction in penalty size (up to 50%) Abatement date - Abatement date (extend date for completion) 28

29 Elements That May Be Included In A Settlement Agreement (SA) Adjustment up to 50% of total proposed penalty Change classification or grouping Vacate citations Modify abatement date(s) 29

30 Second Appeal File within 15 working days of receipt of first appeal result Often results in a Pre-Hearing to exchange information to resolve issues Open to all parties: Employer representative, Employee representative, Appeals representative, and Compliance Officer. If no resolution, goes to Formal Hearing 30

31 Formal Hearing Decision Is Issued By Administrative Law Judge Report becomes final order-30 days after filing with the Board of Health and Safety Board sends notice Employer will receive notice with the date that it is to be filed 31

32 Appeals Webpage 32

33 Contacts Immediate Supervisor that issued signed citation Appeals Division (517) PRA Coordinator - General Industry (517) PRA Coordinator Construction (517) Reporting a fatality or Serious Injury ( 24 / 7 ) 33

34 Preparing for an Inspection Read safety & health publications Belong to associations Insurance company audits Internal self inspections Safety & Health Designee CET services Attend MIOSHA Training Institute Courses Safety should be in the bid process Think of safety as profit center 34

35 Thank You For Attending This Presentation Michigan Occupational Safety & Health Administration Consultation Education & Training Division 530 W Allegan St, P.O. Box Lansing, Michigan For further information or to request consultation, education and training services, call (517) or visit our website at 35