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In September 2010, this newsletter had an article about how NV OSHA had not been doing a satisfactory job. Part of the problem was the number of construction related accidents and deaths. Federal OSHA has been looking over the shoulder of NV OSHA and changes are coming for ALL Nevada businesses.
Federal OSHA recently directed the state to increase the number of OSHA inspectors and trainers to find and correct the number of serious violations.
One reason given for the increased staffing is because of the large number of construction related accidents, injuries and deaths in the recent past. Another major factor considered is that NV OSHA was only finding 22% of it's inspections to be serious, willful or repeat violations. The average for fed OSHA was 79%.
The ratio of inspectors to construction workers in the past was 3916 workers per inspector. With a decline in construction and the increase in staffing, the ratio is expected to be one inspector for 1,216 construction employees by the end of 2011.
While construction will take the initial brunt of the inspections, expect OSHA inspectors to expand their visits to all companies after they are confident they have construction violations under control.
At a minimum, you should review your facility exit diagram, make sure exits and electrical panels are not blocked and if you have over 25 employees that you have a safety committee.
Review your safety manual to make sure it is current and a management person has been designated to be in charge of safety. Employees need to be properly trained in the use and maintenance of personal protective equipment.
OSHA is serious about safety and remember, it's no longer “catch me if you can”. All companies need to be pro-active or it is going to affect your bottom line and possibly you as an individual.
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O.S.H.A. like other federal agencies has changed the way it does business since the Obama administration came into office.
What used to be “catch me if you can” with employers is now a “Right to Know” (RTK). This new method is designed to keep employees better informed and is used by several federal agencies so it is not just O.S.H.A. that has the RTK philosophy.
The O.S.H.A. RTK requires employers to keep all employees informed of hazards and the specific chemicals they are exposed to at work. Employees also need to know how to prevent hazardous chemicals (HC) that may cause them health problems or death. The RTK includes all hazards including flammable, potentially explosive and other health hazards that include both immediate and long term effects.
Any time a company receives hazardous material, the containers are required to have what is called a Material Safety Data Sheets (MSDS). The information on the MSDS needs to be communicated to all employees and the employees must be trained how to properly handle the hazardous material.
Employers are required to have a written plan which describes how their safety plan will be implemented in each facility if there is any possible exposure to HC. The only exceptions are laboratories and operations where the material is in sealed containers.
The rationale for the RTK is that employees will be better able to participate in safety programs effectively when they understand the hazards and what steps to take to protect themselves.
VIOLATIONS
Penalties for violations depend on the severity and previous record of the company. If O.S.H.A. feels that criminal or willful violations are involved, punishment can be by a fine of not more than $250,000 for an individual and $500,00 for the company, or by imprisonment for not more than 6 months nor less than 30 days, OR both.
O.S.H.A. is serious about an employee's RTK.
Let me know what questions you have.RB
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