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Occupational Safety and Health Law –Ethical Considerations<br />Presented by:<br />Christopher G. Hill<br />The Law Office...
©2010, Christopher G. Hill,  <br />All rights reserved<br />Record Keeping<br />OSHA Form 300 (Detailed)<br />OSHA Form 30...
©2010, Christopher G. Hill,  <br />All rights reserved<br />Types of Injuries<br />Death<br />Loss of consciousness<br />D...
©2010, Christopher G. Hill,  <br />All rights reserved<br />Audits, Audits, Audits<br />Access to Medical/Exposure Records...
©2010, Christopher G. Hill,  <br />All rights reserved<br />Audits (Contd)<br />Notice Poster?<br />Compliance Policies?<b...
©2010, Christopher G. Hill,  <br />All rights reserved<br />Keep Records<br />
©2010, Christopher G. Hill,  <br />All rights reserved<br />
©2010, Christopher G. Hill,  <br />All rights reserved<br />VOSHA Inspections<br />Employers are required to submit to ins...
©2010, Christopher G. Hill,  <br />All rights reserved<br />What Triggers a       VOSHA Inspection?<br />Most VOSHA inspec...
	Inspections After Fatality or Accident
	Inspections Based on Employee Complaint
	Generally Scheduled or Programmed Inspections
	Follow up Inspections </li></li></ul><li>©2010, Christopher G. Hill,  <br />All rights reserved<br />What Should an Emplo...
©2010, Christopher G. Hill,  <br />All rights reserved<br />What Should an Employer Do When VOSHA Shows Up?<br />Always as...
©2010, Christopher G. Hill,  <br />All rights reserved<br />The Opening Conference<br />Compliance Officer explains the re...
©2010, Christopher G. Hill,  <br />All rights reserved<br />The Opening Conferencecontinued…<br />The Compliance Officer w...
©2010, Christopher G. Hill,  <br />All rights reserved<br />Review Of Documents<br />The Compliance Officer will check pos...
©2010, Christopher G. Hill,  <br />All rights reserved<br />The Walk Around<br />Remain with the Compliance Officer at all...
©2010, Christopher G. Hill,  <br />All rights reserved<br />The Walk Aroundcontinued…<br />Identify any trade secrets and ...
©2010, Christopher G. Hill,  <br />All rights reserved<br />Employee Interviews<br />State regulations give VOSHA the righ...
©2010, Christopher G. Hill,  <br />All rights reserved<br />The Closing Conference<br />	Compliance Officer will summarize...
©2010, Christopher G. Hill,  <br />All rights reserved<br />Inspections – Summary of What an Employer Should Do<br />Train...
©2010, Christopher G. Hill,  <br />All rights reserved<br />Inspections – Summary of What an Employer Should Do continued…...
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OSHA Ethics and Records

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A presentation from the 15th Annual VOSH conference regarding record keeping for when the OSHA or VOSH inspector comes to your construction site.

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Transcript of "OSHA Ethics and Records"

  1. 1. Occupational Safety and Health Law –Ethical Considerations<br />Presented by:<br />Christopher G. Hill<br />The Law Office of Christopher G. Hill, PC<br />chrisghill@constructionlawva.com<br />christopherhill-law.com<br />
  2. 2. ©2010, Christopher G. Hill, <br />All rights reserved<br />Record Keeping<br />OSHA Form 300 (Detailed)<br />OSHA Form 300A (Summary)<br />
  3. 3. ©2010, Christopher G. Hill, <br />All rights reserved<br />Types of Injuries<br />Death<br />Loss of consciousness<br />Days away<br />Restricted Work<br />Medical Treatment<br />
  4. 4. ©2010, Christopher G. Hill, <br />All rights reserved<br />Audits, Audits, Audits<br />Access to Medical/Exposure Records<br />Emergency Nos. Posted?<br />OSHA 300 Log?<br />
  5. 5. ©2010, Christopher G. Hill, <br />All rights reserved<br />Audits (Contd)<br />Notice Poster?<br />Compliance Policies?<br />Training?<br />
  6. 6. ©2010, Christopher G. Hill, <br />All rights reserved<br />Keep Records<br />
  7. 7. ©2010, Christopher G. Hill, <br />All rights reserved<br />
  8. 8. ©2010, Christopher G. Hill, <br />All rights reserved<br />VOSHA Inspections<br />Employers are required to submit to inspections conducted by VOSHA compliance officers.<br />Inspections are almost always conducted without notice. <br />VOSHA is free to “inspect, investigate and take samples during regular working hours and at other reasonable times and in a reasonable manner.”<br />
  9. 9. ©2010, Christopher G. Hill, <br />All rights reserved<br />What Triggers a VOSHA Inspection?<br />Most VOSHA inspections may be placed in different categories based on the reason for the inspection:<br /><ul><li> Imminent Danger Inspection
  10. 10. Inspections After Fatality or Accident
  11. 11. Inspections Based on Employee Complaint
  12. 12. Generally Scheduled or Programmed Inspections
  13. 13. Follow up Inspections </li></li></ul><li>©2010, Christopher G. Hill, <br />All rights reserved<br />What Should an Employer Do When VOSHA Shows Up?<br />VOSHA has no right to inspect your workplace without your consent or a search warrant – but the option of requesting a warrant should be used with great caution and only in rare situations.<br />Ask the compliance officer what brings him or her there. It is your right to know what caused the compliance officer to come to your premises.<br />
  14. 14. ©2010, Christopher G. Hill, <br />All rights reserved<br />What Should an Employer Do When VOSHA Shows Up?<br />Always ask to see the Compliance Officer’s credentials<br />Employers should have a plan in place as to who will meet with VOSH during an inspection<br />
  15. 15. ©2010, Christopher G. Hill, <br />All rights reserved<br />The Opening Conference<br />Compliance Officer explains the reasons for and the scope of the inspection – if he/she does not, ask.<br />If the inspection is based on an employee complaint, ask for a copy of the complaint.<br />
  16. 16. ©2010, Christopher G. Hill, <br />All rights reserved<br />The Opening Conferencecontinued…<br />The Compliance Officer will ask if the employees are represented by a union –if so, the officer will request the employer arrange for the union to be represented in the Opening Conference.<br />The employer should be honest with the Compliance Officer and cooperate to the extent possible without compromising the employer’s rights or admitting any wrongdoing.<br />
  17. 17. ©2010, Christopher G. Hill, <br />All rights reserved<br />Review Of Documents<br />The Compliance Officer will check posting and recordkeeping practices:<br />Maintained records of work-related injuries and illnesses.<br />Posted the OSHA 300A form for the proper time period.<br />Prominently displayed the VOSHA “It’s the Law” poster.<br />May ask to look at other records required to be maintained (i.e. medical exposure records, hazard communication program).<br />Any notice required by ARM Section 40.<br />It is important to have the documents readily available and well-organized – displays level of competence.<br />
  18. 18. ©2010, Christopher G. Hill, <br />All rights reserved<br />The Walk Around<br />Remain with the Compliance Officer at all times.<br />Pick the best route to take Compliance Officer where he/she wants to go.<br />Take notes of areas the Compliance Officer is reviewing and anything that is said.<br />
  19. 19. ©2010, Christopher G. Hill, <br />All rights reserved<br />The Walk Aroundcontinued…<br />Identify any trade secrets and they will be kept confidential by the VOSHA.<br />Photograph anything the Compliance Officer photographs.<br />If the Compliance Officer points out a violation, correct it immediately (if possible) but do not admit wrongdoing.<br />
  20. 20. ©2010, Christopher G. Hill, <br />All rights reserved<br />Employee Interviews<br />State regulations give VOSHA the right “to question privately any such employer, owner, operator, agent or employee.” Va. Code §40.1-49.8(2).<br />With managerial employees, the employer has an absolute right to be present.<br />With non-managerial employees, the decision is the employee’s –VOSHA does not always agree. <br />
  21. 21. ©2010, Christopher G. Hill, <br />All rights reserved<br />The Closing Conference<br /> Compliance Officer will summarize the results of inspection and indicate what citations may be issued.<br />Take notes of any statements made by the Compliance Officer during the inspection.<br />Do not admit any wrongdoing.<br />A separate closing conference may be held with the employee representative. <br />
  22. 22. ©2010, Christopher G. Hill, <br />All rights reserved<br />Inspections – Summary of What an Employer Should Do<br />Train the initial contact person (e.g. a receptionist) on what to do and who to contact when VOSHA arrives.<br />Create a file for each inspection to include all notes, photographs and other data.<br />Maintain a polite and honest relationship with the Compliance Officer – demonstrate pride in the company’s safety program.<br />
  23. 23. ©2010, Christopher G. Hill, <br />All rights reserved<br />Inspections – Summary of What an Employer Should Do continued…<br />Be attentive during inspections. What you learn and hear may be invaluable in defending against a citation.<br />Train persons who will be available to respond when VOSHA arrives to conduct an inspection.<br />Never admit wrongdoing.<br />
  24. 24. ©2010, Christopher G. Hill, <br />All rights reserved<br />Contesting Citations<br />Employers have 15 working days from receipt of a citation to contest it in writing. If not contested … citation becomes a final binding order.<br />Employers may contest the penalty, the abatement date, the characterization of the violation (i.e. willful, repeat, etc.) or the citation itself.<br />VOSHA refers the contested citation to the appropriate Commonwealth Attorney who files a complaint in Circuit Court.<br />
  25. 25. ©2010, Christopher G. Hill, <br />All rights reserved<br />Contesting Citationscontinued…<br />Once the Circuit Court rules, either party may appeal the ruling to the Virginia Court of Appeals.<br />Employers may also request an “informal conference” to try and settle the case – this does not extend the time period to file the notice of contest.<br />
  26. 26. Occupational Safety and Health Law –Ethical Considerations<br />Presented by:<br />Christopher G. Hill<br />The Law Office of Christopher G. Hill, PC<br />chrisghill@constructionlawva.com<br />christopherhill-law.com<br />
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