Is your Workplace Safe?

Many people are unaware of how often their work environment is assessed for safety. And, if the owners of your company do not have an Occupational Health and Safety (OH&S) manager, they may not even know that they are legally obligated to assess their workplace. That's why it's so important for you to be aware of the regulations in your area and to take responsibility for your wellbeing.

In this blog post we will discuss: OSHA's requirements on assessing hazards, what should be included in a report, how often it should be completed, what kind of hazards should trigger an assessment, and who is responsible for conducting them.

OSHA Requirements on Assessing Hazards

According to OSHA, your employer is legally responsible for assessing their workplace and identifying any hazards that may endanger the health of you or your co-workers. This means that even if the owner or managers are not aware of a hazard, they are still legally obligated to take precautions and protect you. This can sometimes be a difficult concept for employees to grasp. You do not have to be hurt or prove harm has occurred before your employer is at fault for not addressing hazards you have identified.

What should be included in an assessment report?  

The assessment report should include whatever issues you have identified as a potential hazard, along with steps taken to prevent injury from those hazards. It should also include the date on which the assessment was conducted, and should be in a format that is easily accessible for any employee to read. The company owners are legally obligated to post copies of their assessment in locations where it can be seen by workers.

Using a system like WorkSafe Software will ensure that your assessments are conducted correctly, posted and reviewed by employees, and stored electronically.

It is important to note that OSHA has set specific deadlines for publishing assessment reports. If you do not meet the deadline, you may be subject to a fine.

How often should your assessments be performed?

In a recent audit published in the Occupational Safety and Health Review Commission's (OSHA) enforcement bulletin #99-4, OSHA found that from 2003 through 2005, many construction and manufacturing businesses failed to report their assessment findings to OSHA. Many companies that failed to report were assessed penalties.

Keep in mind that it is essential for employers to assess hazards on a regular basis. The hazard profile of a workplace can change over time with different types of employees or new equipment being added to the facility. Companies that fail to conduct routine assessments may be missing an opportunity to implement preventative measures without making any changes at all.

Who should conduct assessments?

The employer of the construction site, where a construction crew is working, is legally responsible for conducting the assessment. But there are exceptions when inspections are not required by OSHA's standards. For example, if you work in a warehousing environment, your employer does not have to provide an assessment and you can verify that hazard conditions at your workplace meet OSHA's standards on your own.

Employers can delegate the responsibility of conducting assessments to another employee and/or contractor if they so choose and this method may be more cost-effective than having your own independent person do it.

What hazards should trigger an assessment?

There are many different types of hazards that can be present at a work site and the following list is not a comprehensive representation of them. However, it will give you an idea of what kind of things should warrant your employer to take action or even require them to conduct an assessment.

If you happen to identify any hazards at your workplace, place a note or call your supervisor right away so they can document it and take action.

Don't try to address the issue on your own; in some cases, the issues could be severe and may involve the danger of serious injury or death.

What you should do if your workplace is unsafe

Your employer is required to provide a safe workplace, and NO safe workplace means NO work. If you feel you are being exposed to a serious health hazard at work (like a hazardous substance, exposure to harmful noise levels, or lack of proper ventilation), you may be able to file a complaint with OSHA and ask them to investigate. They may also recommend solutions for addressing the hazard.

If your supervisor refuses to comply with an OSHA requirement on conducting assessments, or they improperly conduct the assessments themselves, contact OSHA immediately and ask for help. If all else fails, contact the nearest OSHA office and report the problem there.

Finally, keep in mind that if you or anyone you know sees a serious hazard or unsafe working conditions, it is your duty to report it to OSHA immediately. You can contact them at (800) 321-6742 or go online to www.osha.gov.

Read the original post here .

Court Rules That OSHA Recordkeeping Violates The US Constitution

By: H. James Pickerstein on May 2, 2013

A recent court ruling in the US District Court of Appeals for the Sixth Circuit has ruled that OSHA's recordkeeping requirements violate the U.S. Constitution's Fourth Amendment protection against unreasonable search and seizure. The case, Earthgrains v. Perez , involved a pizza company that was fined by OSHA for not recording injuries on its public log for several months in 2005 and 2006. Finding that no reasonable search warrant could authorize such a search, the court ruled in favor of Earthgrains and set aside all evidence obtained from these inspections due to violations of the Fourth Amendment .

The court has also ruled that IH's "requirement that an employer record injuries on a [Form 300] violates the Fourth Amendment." The court found that even though there are more limited regulatory schemes that might be considered reasonable, the recordkeeping requirement of 29 CFR 1904.35(b)(1) is not one of them. As such, the evidence obtained from both Earthgrains inspections was suppressed.

According to OSHA , in fiscal year 2012, its inspectors conducted 1,043 enforcement inspections and found 212 violations at 213 establishments. Sixty-one percent (61%) of the 212 citations resulted in penalties totaling $4,545,400. The average penalty was $3,139.50.

For more information, contact the author at hjames@jmbm.com .

Read the original post here .

I invite you to connect with me on Facebook and LinkedIn . If you have any questions or concerns about this post, please share them in a comment below and I will get back to you ASAP. Copyright © 2013 H J Pickerstein All Rights Reserved

Posted by JMBM Compliance LLC at 10:39 AM

Disclaimer The information contained in this publication is for general information purposes only and should not be construed as legal advice or opinion.

Conclusion No. It was the most obvious one, but it will be interesting to see how the courts handle this one as well. They can't just bypass it like they did in the Zayas v. Maricopa County case, when a Federal Court ruled that the IH was not intended to be read as an administrative regulation, but rather an act of Congress that required adherence to due process and judicial review before being enforced. (click here) (click here)

Posted by JMBM Compliance LLC at 1:52 PM

Disclaimer The information contained in this publication is for general information purposes only and should not be construed as legal advice or opinion.