2012 OSHA WEBINAR SERIES Prepare Before OSHA Comes Knocking: Internal Safety Audits and the Value of TrainingNovember 5, 2012 11:00 AM EST / 8:00 AM PST Dial in to hear audio: +1 (646) 558-‐2118 Access Code: 686-‐446-‐890
Sponsored byChris ManaroSr. Account ExecutiveVivid Learning Systems
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Reasons for Conducting ASafety & Health Audit1. Integral part of any company s safety and health management plan à Beginners plan à Fully developed plan2. Demonstrates company commitment of safety and health à Employee Involvement à Improves Communications
Reasons for Conducting ASafety & Health Audit3. OSHA requires employers conduct certain audits and inspections à Example: personal protection equipment; lockout/tagout, confined spaces4. Elimination of potential serious and repeat citations à Identify deficiencies à Document compliance
Reasons for Conducting ASafety & Health Audit5. Provides company roadmaps for future improvement6. Environmental audits may be specifically required or be an aspect of self-reporting or corrections efforts
Reasons for Conducting ASafety & Health Audit7. Used to attack OSHA citation element of the employer knew or should have known with reasonable diligence of a hazard8. If you do not measure it - you cannot manage it. à Burying your head in the sand will not make it go away
Reasons for Conducting ASafety & Health Audit9. Documents your successes as well as your failures10. Helps to identify and track opportunities for improvement
Types of Audits 1. Pre-shift or routine inspections à Example: forklifts 2. Routine construction inspection pursuant to 1926.20(b)(1) and 21(b) 3. Comprehensive audit/inspection pursuant to a company s safety and health management program.
Types of Audits 4. Audits/inspections required by specific standards à Example: PPE, lockout/tagout 5. Audit or investigation resulting from workplace event à Fatality à OSHA inspection, formal or informal complaint à Other – injury or near miss
Types of Audits6. Audit or inspection as part of an abatementor similar obligation (i.e. legal claim settlement)7. Comprehensive or focused audit by outsideprofessional.8. Environmental, DOT/FMCS and MSHA focusedaudits
Types of Audits9. VPP, SHARPS and other cooperative efforts (i.e. consultation)10. Follow-up audit to the original audit.
Practical Guidance In Audits1. Structuring the audit à Where the focus – safety, environmental, IH, etc. à Where the scope à Departmental à Plant-wide à Company à Systematic approach to audit
Practical Guidance In Audits2. Designing the audit – Content à Develops checklist and metrics to identify problem areas as well as safety and health deficiencies à Utilize root cause analysis as part of audit strategy
Practical Guidance In Audits3. Staffing and Roles of Auditors à Utilizing hourly employees, management or outside consultants à Role of Safety Director and Safety Committee à Upper management involvement
Practical Guidance In Audits4. Tracking, analyzing and reporting auditresults à Search and destroy – on the spot correction à Type of tracking tools or audit forms à Importance of customizing forms and keeping them simple
Practical Guidance In Audits4. Tracking, analyzing and reporting auditresults (cont.) à Issues requiring engineering changes, research, re-training or other measures necessitating additional time of employees à Interim measures to protect safety
Practical Guidance In Audits4. Tracking, analyzing and reporting auditresults (cont.) à Who analyzes findings à Who receives findings à Response to OSHA or other requests for copies à Poor documentation
Practical Guidance In Audits5. Follow-up on Audit à Managing the results – Develop plan of action à Tracking corrections or abatement à Obtaining management support for findings and corrections
Practical Guidance In Audits5. Follow-up on Audit (cont.) à Analysis of current reports to apply to future audits à Communicate audit results to employees à Utilize audit results as training tools à Planning for future audits
Legal Framework1. Occupational Safety and Health Act of 1970 (as amended)2. Workers Compensation and the exclusive remedy3. Role of OSHA citations and inspections in civil and criminal claim
Legal Framework4. Union rights to information necessary to contract administration5. Privacy, HIPPA, ADA concerns6. Role of privilege, self-critical analysis and work product protections
When To Involve Counsel1. Catastrophes, death, major injuries and tort or contracted exposure arising in multi-employer settings2. Ongoing abatement & correction programs3. Proprietary processes (trade secrets)4. Certain environmental efforts5. Highly litigious or hazardous industries
Use of Privilege, Self-Critical Analysisand Work Product Protection 1. Problem with reliance on self-critical analysis 2. Privilege as applied to self audits à Setting up à Role of consultants à Role of employer personnel à Information controls and waives à In-house counsel considerations
Use of Privilege, Self-Critical Analysisand Work Product Protection 3. Work product protection – in anticipation of litigation 4. Criminal law consideration
The Value Of Training 1. Technical compliance 2. Reduce the number of audit findings 3. Employee Buy-in 4. Use audit information to create training programs
Conclusionà Safety and Health audits allows company to measureperformance success and identify hazardousdeficiencies.à Safety and Health audits involve participation by alllevels within the facility – helps develop sense ofownership in company.à Safety and Health audits eliminates hazards and allowemployees to go home safe every night to their familiesand loved ones. PRICELESS.
Questions & Answers à Submit questions using the question box on your screen à Submit questions via Twitter by referencing the hash tag: #VLSchat when tweeting about this webinar à Additional questions can be submitted after the webinar by contacting Chris Manaro at: firstname.lastname@example.org
Questions & Answers Fisher & Phillips LLP is dedicated exclusively to representing employers in the practice of employment, labor, benefits, OSHA, and immigration law and related litigation. Tiffani Hiudt Casey email@example.com Fisher & Phillips LLP 404- 240-4238 www.laborlawywers.com THESE MATERIALS AND THE INFORMATION PROVIDED DURING THE PROGRAM SHOULD NOT BE CONSTRUED AS LEGAL ADVICE OR AS CRITICAL OF THE CURRENT OR PAST ADMINISTRATIONS.
Thank you for yourparticipation! Additional Questions? Chris Manaro 1-800-956-0333 firstname.lastname@example.org