At a recent Miami County Safety Council Workshop, HR Associates learned a few insights into the Occupational Safety & Health Administration (OSHA), and its new penalties & practices.
The Department of Labor has adjusted penalties for its agencies & in OSHA’s case, they increased 56%. A single safety violation penalty has been increased from $7000 to $12,471. If you do happen to get a visit from OSHA and receive a subsequent penalty, don’t just write them a check. Through an appeal process, OSHA may reduce the amount. A good safety record or good faith assessment can net a 10% reduction and if you are a smaller company, up to a 40% reduction of a penalty. In addition, a 15% reduction can be achieved if the company implements a quick fix to the problem.
OSHA’s inspection process includes a Presentation of Credentials, an Opening Conference, a Walk Around for specific violations and a closing conference. The results can take up to 6 months before a company can begin an appeals process.
Companies should develop an OSHA protocol so as to be prepared for a possible visit. A 3 or 4 person safety team, including shift leaders, should accompany the OSHA Rep & take lots of pictures and notes. Always allow the OHSA Rep to lead the direction of the visit, he may only want to see a specific area which may have been reported. Asking the OSHA Rep follow up questions may expedite a quick fix to a problem.
Being proactive in the search for safety issues should include employee involvement. A Safety Perception Survey of the employees could reveal trouble spots within a plant. Team based Safety Incentive Programs can keep safety in the forefront of the workforce. As Bob Heater of Safety4U says, “ Reward for safety activities, not results.”
Here is another preemptive move companies can use, OSHA does offer on-site consultations where they will tour a plant and point out violations which need corrected. Companies that do this will have a designated amount of time to fix any issues with no penalties levied. Inviting a government agency into your backyard may not be for everyone but possibly avoiding tens of thousands in penalties could just keep you in the black for another year.
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