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Meeting with OSHA. It is a service. What questions should I ask?

Started by esarratt, December 21, 2021, 06:09:24 AM

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esarratt

I am meeting with OSHA to help me develop a safety plan for my company.  It is a free service.

I am a septic installer and a utility contractor.   I also plan is to add in timber framing in the future.

What questions should I ask OSHA?  The OSHA official has already provided me with sample policy and procedures to use.

I figure this is a really good professional relationship to develop.

Background:
Employees like a safe environment in which to work and I don't want anybody who works for me to get hurt.  I don't mind spending the time and money to make that happen.

My insurance company likes written, formal health and safety plans.  There are some insurance reductions for having this.

Legally, when my business grows, I have to have a written health and safety plan anyway.

Thank you for your input!

moosehunter

I have spoken with business owners that have done this and are happy with the process. 
It seems like a good idea. 

Every so often the government does something good, this may well be one of those good programs, but,
I can't help but hear " I'm from the government and I'm here to help you" in the back of my head! 
mh
"And the days that I keep my gratitude
Higher than my expectations
Well, I have really good days".    Ray Wylie Hubbard

Raider Bill

my friend invited osha into his business for a consultation.
they hammered him to the tune of about $100k in requirements.
The First 70 years of childhood is always the hardest.

Southside

I would hire an independent safety and health contractor instead to do the work. Many are retired OSHA. Just FYI part of your "free" deal will be that you mitigate any findings they discover, or they will report you to enforcement for action. 

Good reason for taking that action, but you are dancing with the devil in his barn and there are no free lunches. 

I guess the question you should be asking yourself is "Do you feel lucky?" 
Franklin buncher and skidder
JD Processor
Woodmizer LT Super 70 and LT35 sawmill, KD250 kiln, BMS 250 sharpener and setter
Riehl Edger
Woodmaster 725 and 4000 planner and moulder
Enough cows to ensure there is no spare time.
White Oak Meadows

PoginyHill

The value and situation with a consultation will depend on whether you have a state-run program or federally run. Vermont has it's own program (VOSHA). Not sure about NC. State programs have the same, or more strict, requirements as federal OSHA, but generally state run programs are more friendly to business. For consultation programs, again that'll vary by state. Normally if you ask for a consultation, you will not be fined for anything they find, unless you fail to correct it within some timeframe (like 90 days).
If your state program has such a voluntary enforcement program I would recommend using it. Just be prepared to comply with their recommendations.
If NC has a federal program, you might be better off hiring a private consultant.
Kubota M7060 & B2401, Metavic log trailer, Cat E70B, Cat D5C, 750 Grizzly ATV, Wallenstein FX110, 84" Landpride rotary hog, Classic Edge 750, Stihl 170, 261, 462

mike_belben

I dunno man, im nervous for you.  


Bring coffee and donuts in that day.
Praise The Lord

stavebuyer

Really not much way to escape. The enforcement people here usually ignore the small fish until you have an accident then they come loaded no matter what.

Having employees requires the Work Comp insurance and that will come with the guy from the insurance underwriter. He can't fine you, but the rate hikes or threat of policy cancellations carries the same effect. Comply or we will shut you down. Have it fixed before I come back here next month. Have a nice day.

YellowHammer

How many employees do you have?  Being proactive with your local OSHA office is commendable, but depending on you workplace, can be very overwhelming.  OSHA requirements are put in place to protect workers, NOT the business, simple as that.

Anyway, I'm not trying to dissuade you from the inspection, but I would certainly hire a contracted OSHA Compliance Specialist to be present at the inspection, and they will have the ability to quickly help you with any compliance issues, and will be able to continue to work with you in the future.  This is what they do, and with their experience, should keep you in compliance and maintain a safe work environment, year after year.    

Many infractions are relatively simple, but take time to do the paperwork.  I had OSHA in my previous workplace for decades, I worked well with them, but I would certainly police up my shop before any inspector shows up, even for a cursory inspection visit.  As in eat off the floor clean.  I would also look through all OSHA published documentation and fix issues, as best you can, before any inspector shows up.  

Look online and there are "most common OSHA issues" that range from everything to not having grinding wheels set to 1/8" from the wheel, to not having overhead lights enclosed in impact rated wire cages (unless LED).  If you have a saw, or any machine for that matter, that is not in proper condition, pull it out of service immediately and red tag it.  Without exception, all guards must be in place and properly aligned.  A woodworking business I know of just got fined $7,000 for having a Sawstop guard not installed.  

Other routine gigs are extension cords in service  where permanent power should be run, frayed power tool cords, and not having operating manuals readily available or posted for every machine is a gig.  Do you have SDS for every chemical in your shop, and are they stored in an appropriate cabinet?  Are the SDS documents kept on file?  Depending on things, you may be required to have eyewash stations or bottles on site.  

Do you have emergency exit plans as well as lighted EXIT signs posted over every exit?  How often are the garbage and waste containers emptied?  Do you have fire extinguishers, and do they meet your Fire Inspection requirements?  Do they have monthly inspection stickers on them?  Have you been inspected by the local Fire Marshall?  (I get inspected annually).  Do you have a posted EAP (Emergency Action Plan)?  Do you have emergency phone numbers posted and easily visible?  Are all of your ladders in good shape?  Do they have monthly inspection tags affixed to them?  Do your forklift or heavy equipment operators have suitable training?  Where are their certifications stored?  

As a general rule, your shop should be freshly cleaned and swept and in as perfect a condition as you can get, before the inspection.  Do you have a housecleaning checklist?  What is done daily, monthly and annually? Do all machines have a maintenance checklist and where are the maintenance records of the maintenance?  Housekeeping, housekeeping and housekeeping.  One of the benefits of these inspection is that it helps streamline a shop.  If a piece of equipment is not necessary, it should be removed and thrown out, especially any chemical that is not used routinely.  Do you have separate garbage containers for oily rags (potential combustibles)?  Do you have stacks of appropriate safety gear?  Safety glasses, hearing protection, and gloves as well as hardhats and safety toe boots where required.  It is the employer's responsibility to supply these.  Do you have first aid kits fully stocked and readily available?

Are all your compressed air sources in good shape and have good air lines (no cracks frays, etc)? Are all your blow guns OSHA rated and stamped to meet noise and dead head pressure requirements?

Anyway, as I said, initial OSHA compliance can be overwhelming.  
YellowHammerisms:

Take steps to save steps.

If it won't roll, its not a log; it's still a tree.  Sawmills cut logs, not trees.

Kiln drying wood: When the cookies are burned, they're burned, and you can't fix them.

Sawing is fun for the first couple million boards.

Be smarter than the sawdust

Jeff

After working in a commercial sawmill for 25 years, we learned that osha in sawmill talk means RUN FOR THE Safety glasses and dig out yer wallet. You will pay for things you never dreamed of being an issue. But, they have their place. At least we knew where our safety glasses were.
Just call me the midget doctor.
Forestry Forum Founder and Chief Cook and Bottle Washer.

Commercial circle sawmill sawyer in a past life for 25yrs.
Ezekiel 22:30

stavebuyer

and its not all bad. They do make some valid suggestions regarding safety that can help prevent accidents. Unfortunately the off the wall stuff like having an escape plan drawing on the porta-a-potty door comes along too.

Southside

Hearing conservation plan and testing, HazCom, combustible dust, certified lifting straps / chains, fall protection. 

You mention septic work, so that potentially puts you into trenching guards, you will fall under general industry and construction regulations. 

Good luck. 
Franklin buncher and skidder
JD Processor
Woodmizer LT Super 70 and LT35 sawmill, KD250 kiln, BMS 250 sharpener and setter
Riehl Edger
Woodmaster 725 and 4000 planner and moulder
Enough cows to ensure there is no spare time.
White Oak Meadows

BradMarks

One question comes to mind:  Do you need a cashier's check or will a personal check suffice? 

mike_belben

OSHA and MSHA are the two that convinced me to never employ anyone.  Just me myself and i
Praise The Lord

YellowHammer

Its easy to understand it from their perspective:  OSHA requirements are put in place to protect workers, NOT the business, simple as that.  

If it means closing down the business, then it will be closed down.  If the process is not up to snuff and may endanger an employee, then the process is halted until it is safe.

Never use the excuse "I don't have the time, I don't know how to do that, I can't afford that, or the worst excuse is - if I do that I can't operate that process or piece of equipment."

My insurance company is a stickler, and I get yearly on site inspections from them that are based on OSHA requirements, so I've done all I can to be in compliance with both.  I have to do the health and safety plans and if they don't meet inspection, I lose my insurance.  Simple as that.  

For example, at this very minute, I've got an $849 top of the line, Makita sliding miter saw that has a broken blade guard.  It was shattered by an errant piece of wood. It served it purpose. I  couldn't find another guard for that model in a timely manner.  So now its a paperweight, it was taken out of service months ago, it's stacked in the corner in the "Needs Service" place and is totally useless to me.  It runs great.  How did I get a new blade guard in a quick and timely manner?  I simply purchased a new saw.      
YellowHammerisms:

Take steps to save steps.

If it won't roll, its not a log; it's still a tree.  Sawmills cut logs, not trees.

Kiln drying wood: When the cookies are burned, they're burned, and you can't fix them.

Sawing is fun for the first couple million boards.

Be smarter than the sawdust

PoginyHill

It's always good to know what are the typical violations in your industry. This is a helpful site. Enter number of employees, then select the industry you are in.

Frequently Cited OSHA Standards | Occupational Safety and Health Administration
Kubota M7060 & B2401, Metavic log trailer, Cat E70B, Cat D5C, 750 Grizzly ATV, Wallenstein FX110, 84" Landpride rotary hog, Classic Edge 750, Stihl 170, 261, 462

Old Greenhorn

Well I read your OP this morning and checked in on responses during the day, but knew my response would be long, so I waited until this evening. Yellowhammer gave some great advice as did the others.
 My experience with OSHA goes back to the mid 70's when they first started doing inspections and fines and it was ugly. I won't dwell on the past, they have come a long way and still have a ways to go, but are getting better every few years.
 The first advice I will give you is: Knowledge is power. You need to read and understand all the OSHA regs. This is daunting for sure, but it gives you a leg up. Just start by reading the titles of 20 CFR 1910 and decide which titles apply to your business. Take the low hanging fruit first. Certain ones apply to all businesses doing actual 'work'. Fall protection, confined space, machine guarding, mobile equipment, emergency response, Lockout/Tag out, SDS and labels on all chemicals and compounds, Ladders, lifting straps, dust collectors, fire extinguishers, etc. The list can be long. Each of these, if they apply to your business and work, requires 'programs' which should have training for your employees, refresher training, inspections for compliance and everything has to be documented. OSHA is very big on documentation and if you keep a good clean paper trail, it saves you a lot of grief down the line. Documenting any accidents, big or small is important as well as any investigation you did, the results, and any corrective actions taken to fix any problems discovered. Training and the documentation of same is also big with them. You needn't get a trainer in to do this if you find yourself or another employee qualified, but you do have to document exactly what you taught, so any materials, PowerPoints, etc. should go in the file with the list of those trained.

 For my last 15 years before retirement, I was working in a 100 person machine and assembly shop as a Manufacturing Engineer. One of my 'side jobs' was running the Machine Guarding program for the facility. We had over 300 pieces of equipment I tracked. It took me over a year to develop the program and I wrote a database to track everything. Each piece of equipment had to be inspected and re-assessed every 3 years at a minimum. It was a daunting task but manageable. Machine Guarding, as Yellowhammer alluded is one of the heavy hitters on the OSHA hit list. I found it was good practice to know the regs as well or better than any auditor who came through, and we had many. I would get cited once in a while and I could challenge the inspector on the issue IF I felt it was incorrect based on the rules, not my opinion. Reading them chapter and verse from the rules and then asking them to explain how you were not in compliance took 80% of the violations out of the picture. Some inspectors would have you erecting full fenced enclosures around cut-off saws because they felt they were so dangerous. Being able to dissect the requirements is the only way to head that stuff off, but you have to know what you are talking about. I have straightened out more than a few inspectors over the years, they don't like it much. I also have been dinged on stuff I overlooked, I didn't like that much either. Be professional, show an interest in getting it right, and you should do OK. Mostly we had internal audits by the corporate EHS staff that came in from around the country to disembowel us as a team. They were much worse than OSHA because mostly they had no experience working for a living and lacked any common sense. Fortunately that made them easy prey for a knowledgeable person.

 As for the VPP, which is what I believe your are participating in, I have heard mostly positive stuff about the program. Some think it can head off ugly things happening. Some have not had a great experience, but I believe sometimes it is personalities that conflict and cause issues. Don't let that happen to you. If you get an inspector that rubs you wrong, let it slide and gain what you can from it. Try to find out if your inspector is familiar with your type of work. I once had an insurance inspector in my own shop and he cited me for running all my machines with 'extension cords'. It took me a month to figure out what happened (he had never been in a machine shop and thought all the lines hanging down to the machines were extension cord, he had no idea what a machine drop was or looked like, let alone the electrical code defining such) and it took me another month to get it straightened out, all under the threat of cancellation. (There were no violations and I changed nothing in the shop.) 

 I wish you the best of luck, please do let us know how it goes. I don't care to mess, or even think about that stuff these days. I have never seen an OSHA inspector in the woods or at the sawmill. ;D (But I follow the rules anyway......mostly.)
Tom Lindtveit, Woodsman Forest Products
Oscar 328 Band Mill, Husky 350, 450, 562, & 372 (Clone), Mule 3010, and too many hand tools. :) Retired and trying to make a living to stay that way. NYLT Certified.
OK, maybe I'm the woodcutter now.
I work with wood, There is a rumor I might be a woodworker.

esarratt

Quote from: moosehunter on December 21, 2021, 07:22:02 AM
I can't help but hear " I'm from the government and I'm here to help you" in the back of my head!
Yes, this worries me.  This whole thing feels a bit like inviting a vampire in for tea.

I don't have any current jobs for OSHA to look at--they wanted to come to a site.

Thus, we are meeting at a coffee shop.

I still work full-time and just do contracting work on the weekends.

I am 1-2 years or one large job ($30,000) away from working for myself.

Thank you all for your input!  I am slowly reading and turning the information into questions.

esarratt

Quote from: Raider Bill on December 21, 2021, 07:27:50 AM
my friend invited osha into his business for a consultation.
they hammered him to the tune of about $100k in requirements.
I am curious.  What were the specific requirements that led to $100K in costs?  Employee training?  Equipment?

OSHA 10 (employees) and OSHA 30 (supervisors) are free in North Carolina, where I live.

I have noticed that some of the more specific OSHA trainings are $500-$800.  UGH!

esarratt

Quote from: Southside on December 21, 2021, 07:34:11 AM
I would hire an independent safety and health contractor instead to do the work. Many are retired OSHA. Just FYI part of your "free" deal will be that you mitigate any findings they discover, or they will report you to enforcement for action.

Good reason for taking that action, but you are dancing with the devil in his barn and there are no free lunches.

I guess the question you should be asking yourself is "Do you feel lucky?"
Thank you!  I did not know there was such a thing as an independent safety and health contractor.
That will be useful to look into depending on how large my business grows.

esarratt

Quote from: PoginyHill on December 21, 2021, 07:50:45 AM
The value and situation with a consultation will depend on whether you have a state-run program or federally run. Vermont has it's own program (VOSHA). Not sure about NC. State programs have the same, or more strict, requirements as federal OSHA, but generally state run programs are more friendly to business. For consultation programs, again that'll vary by state. Normally if you ask for a consultation, you will not be fined for anything they find, unless you fail to correct it within some timeframe (like 90 days).
If your state program has such a voluntary enforcement program I would recommend using it. Just be prepared to comply with their recommendations.
If NC has a federal program, you might be better off hiring a private consultant.
Our program is run by the State of North Carolina.  From what I have seen they just use CFR 1910 and CFR 1926.

In the OSHA 10 training, they did mention that if they come out for a consultation they won't fine you.

gspren

I have a good buddy that owned a mason contracting business, when ever OSHA showed up he told all his guys to take a break. The OSHA guys told him that wasn't necessary so he replied that they made his guys nervous and someone would get hurt because of them.
Stihl 041, 044 & 261, Kubota 400 RTV, Kubota BX 2670, Ferris Zero turn

Old Greenhorn

Well, if you are a sole proprietor you should be in pretty good shape. A lot of reporting requirements are based on the number of employees. 
Tom Lindtveit, Woodsman Forest Products
Oscar 328 Band Mill, Husky 350, 450, 562, & 372 (Clone), Mule 3010, and too many hand tools. :) Retired and trying to make a living to stay that way. NYLT Certified.
OK, maybe I'm the woodcutter now.
I work with wood, There is a rumor I might be a woodworker.

PoginyHill

Quote from: esarratt on December 21, 2021, 07:57:36 PM
Quote from: Raider Bill on December 21, 2021, 07:27:50 AM
my friend invited osha into his business for a consultation.
they hammered him to the tune of about $100k in requirements.
I am curious.  What were the specific requirements that led to $100K in costs?  Employee training?  Equipment?

OSHA 10 (employees) and OSHA 30 (supervisors) are free in North Carolina, where I live.

I have noticed that some of the more specific OSHA trainings are $500-$800.  UGH!
Normally, fines you read about in the paper are what OSHA initially sets. Actual fines, after negotiation and meeting with them afterwards, are a fraction of the initial "proposed" fine. I'd say 25-50% of the initial number is common. The big fines are from willful or repeat violations. Typically these are not part of any inspection or fine if the employer shows good faith effort to provide a safe workplace.
Kubota M7060 & B2401, Metavic log trailer, Cat E70B, Cat D5C, 750 Grizzly ATV, Wallenstein FX110, 84" Landpride rotary hog, Classic Edge 750, Stihl 170, 261, 462

Iwawoodwork

Poginyhill, you are spot on about the fines, especially for Fed OSHA states.  Before I retired (2010) there were 25 Fed OSHA states and 25 states that ran their own programs under Fed oversight, Oregon, Washington and Calif ran their own programs.  There are generally two or three separate programs in OSHA, the enforcement side that conducts inspections and can issue citations, the consultation side that is a free service for employers that assists in helping them meet the minimum safety and health requirements, many of the consultants have canned/blank programs and will help the employers implement them. Then there is the training group that put on free training for employers and employees.
 As far as what questions to ask the consultant, what is needed to meet OSHA requirements. Generally, the consultant will want to do a walkthrough of the workplace/site to understand  what is needed for your type of business.
 In my 20 years with OR. OSHA I personally only know of 1 instance where a consultant referred an unsafe condition to the enforcement side and that was after several attempts to get the employer to correct the serious unsafe condition and also reviewed by OSHA management prior. 

Iwawoodwork

The idea of sending employees home usually only works once, that generally made me suspicious that the employer had something to hide so then the inspection might become a little more in-depth. I usually liked having the owner, or supervisor and an employee along in an inspection so that they could see the things being addressed and I could explain it.  
Here in Oregon an employer that understands about the cost of injured workers, their MOD rate and the impact on being competitive with other employers, they do not fear OSHA, they use the heck out of the consultants and trainers and will call or come to the office and discuss how situations need to be addressed. 

YellowHammer

I thought I'd throw this out there.  

"President Joe Biden's Build Back Better agenda would increase the most common Department of Labor's Occupational Safety and Health Administration (OSHA) fines by ten times, with maximum penalties as high as $700,000."
YellowHammerisms:

Take steps to save steps.

If it won't roll, its not a log; it's still a tree.  Sawmills cut logs, not trees.

Kiln drying wood: When the cookies are burned, they're burned, and you can't fix them.

Sawing is fun for the first couple million boards.

Be smarter than the sawdust

Southside

Oregon state OSHA and the Federal agency have very different philosophies. The feds are instructed to write paper, "see it, cite it" is the motto. 

I can appreciate your positive approach and am sure other employers did as well, but that's not how it's done everywhere.

There is absolutely no way I would allow an employee to accompany an enforcement inspection. Remember, you have the right to remain silent, exercising that right is often a very good idea. 

"Do you know what time it is?" Is a yes or no answer in certain circumstances.  
Franklin buncher and skidder
JD Processor
Woodmizer LT Super 70 and LT35 sawmill, KD250 kiln, BMS 250 sharpener and setter
Riehl Edger
Woodmaster 725 and 4000 planner and moulder
Enough cows to ensure there is no spare time.
White Oak Meadows

esarratt

Quote from: YellowHammer on December 21, 2021, 10:00:51 AM
How many employees do you have?  Being proactive with your local OSHA office is commendable, but depending on you workplace, can be very overwhelming.
I am a general contractor for public utilities.  I just got my license.  I also have a small septic and plumbing business that is just me.  

For jobs, I hire subs.  I am also looking to team (teaming agreement) with other companies to do Federal work.  My father is a Federal contractor (textiles products, not construction).

My workplace involves excavations and confined spaces.  If I get into timber framing, after my own timber frame house is built, that would be a workshop in a barn.

I'm already feeling overwhelmed, but I'm glad I started this now.



esarratt

Quote from: YellowHammer on December 21, 2021, 10:00:51 AM
Anyway, I'm not trying to dissuade you from the inspection...

This is just a very early meeting; it is not at a job site.  It is not an inspection.

I think I kind of surprised the OSHA inspector by asking for help developing a safety plan.  I get the feeling that other businesses don't do this.

esarratt

Quote from: Old Greenhorn on December 21, 2021, 08:27:09 PM
Well, if you are a sole proprietor you should be in pretty good shape. A lot of reporting requirements are based on the number of employees.
How does this work for subcontractors?  Are they considered employees as far as OSHA is concerned?

Multiple trades on a job can easily add up to 10 or 15 "employees" before the job is complete.

Southside

There in lies the key. Contractors direct their own work, time, and use their own tools / equipment. They do the same type of work for multiple others and have their own insurance. They bill you a gross sum, not payroll. 

If you are truly set up that way, AND you are not an employee of your own entity, then OSHA has zero jurisdiction over you.

That doesn't mean they don't have jurisdiction over one or multiple subs, it just won't be you receiving the citation. 

Civil liability, that's a whole nother matter. 
Franklin buncher and skidder
JD Processor
Woodmizer LT Super 70 and LT35 sawmill, KD250 kiln, BMS 250 sharpener and setter
Riehl Edger
Woodmaster 725 and 4000 planner and moulder
Enough cows to ensure there is no spare time.
White Oak Meadows

esarratt

Quote from: Southside on December 23, 2021, 08:04:35 AM
There in lies the key. Contractors direct their own work, time, and use their own tools / equipment. They do the same type of work for multiple others and have their own insurance. They bill you a gross sum, not payroll.

If you are truly set up that way, AND you are not an employee of your own entity, then OSHA has zero jurisdiction over you.

That doesn't mean they don't have jurisdiction over one or multiple subs, it just won't be you receiving the citation.
So what happens if a sub, or their employee, gets seriously injured on my job?

Doesn't OSHA come out and investigate anyway, even though the number of employees may be below 10?

Can the GC be fined by OSHA for unsafe conditions when they do the investigation for a serious accident?

Thank you all for the help.  I do see how unknowledgeable I am about this.

esarratt

Quote from: Southside on December 23, 2021, 08:04:35 AM...AND you are not an employee of your own entity, then OSHA has zero jurisdiction over you.

That doesn't mean they don't have jurisdiction over one or multiple subs, it just won't be you receiving the citation.

Civil liability, that's a whole nother matter.
I am an employee of my Corporation (I file it as an S-Corp).

So the sub would receive the citation?  Not me?

But my company could also be sued by the sub's employee for unsafe conditions? Correct?

And plantiff's lawyers look at OSHA regulations as the gold standard in lawsuit liability?

YellowHammer

On site subs are required to bring their own safety everything to the party.  It should be stated as part of their contract, as well as to work within OSHA Standards and have all the associated paperwork.  Lots of this won't be your problem, including the certified training programs such as forklift certifications.

However, it's still required that you provide ultimate oversight and a safe work environment and keep them "informed" of any issues.  In this case, you are the one who issues a stop work order if they are not compliant.  You, in essence, become the OSHA inspector and will require them to stop work on your project if they are deficient.

Because...  

Safety is ALWAYS your ultimate liability and responsibilty as the business owner, because if you play any part in the operation, or use your equipment, or your property, then you will be sued if there is injury or death, unless everything you own or they use meets all OSHA Standards.  If you say "I didn't know they were doing that" or "I let them handle it, they were supposed to know what they are doing" then that is the wrong answer.

If the sub is completely off site, their facilities, their employees, and their equipment, then not your problem.

YellowHammerisms:

Take steps to save steps.

If it won't roll, its not a log; it's still a tree.  Sawmills cut logs, not trees.

Kiln drying wood: When the cookies are burned, they're burned, and you can't fix them.

Sawing is fun for the first couple million boards.

Be smarter than the sawdust

esarratt

Quote from: YellowHammer on December 23, 2021, 08:35:16 AM
On site subs are required to bring their own safety everything to the party.  It should be stated as part of their contract, as well as to work within OSHA Standards and have all the associated paperwork.  Lots of this won't be your problem, including the certified training programs such as forklift certifications.
Ahhhh!  Thank you!
Quote from: YellowHammer on December 23, 2021, 08:35:16 AM
However, it's still required that you provide ultimate oversight and a safe work environment and keep them "informed" of any issues.  In this case, you are the one who issues a stop work order if they are not compliant.  You, in essence, become the OSHA inspector and will require them to stop work on your project if they are deficient.

Because...  

Safety is ALWAYS your ultimate liability as the business owner, because if you play any part in the operation, or use your equipment, or your property, then you will be sued if there is injury or death, unless everything you own or they use meets all OSHA Standards.  If you say "I didn't know they were doing that" or "I let them handle it, they were supposed to know what they are doing" then that is the wrong answer.
Got it.

Southside

What happens?  You call the attorney you have on retainer who is very familiar with the "Multi-Employer Citation Policy CPL 2-0.124" as the GC you are the "controlling, correcting, or creating employer" and then it depends on who knew what, who did what, etc.  

OSHA jurisdiction begins at one employee, so if you have a Sub S corp, and are considered an employee then OSHA could fine your company for exposures you are exposed to, if the subs are soup sandwiches then your company could be fined for what they did because as the GC you could have rectified the situation.  In those cases "it depends" is the answer and when dealing with the Feds, they prefer to define "depends" with the solicitors after paper has been written and the local office gets credit for the months citations.  
Franklin buncher and skidder
JD Processor
Woodmizer LT Super 70 and LT35 sawmill, KD250 kiln, BMS 250 sharpener and setter
Riehl Edger
Woodmaster 725 and 4000 planner and moulder
Enough cows to ensure there is no spare time.
White Oak Meadows

esarratt

Quote from: Iwawoodwork on December 22, 2021, 09:47:42 AM
The idea of sending employees home usually only works once, that generally made me suspicious that the employer had something to hide so then the inspection might become a little more in-depth.
So you worked for OSHA?

Quote from: Iwawoodwork on December 22, 2021, 09:47:42 AM
I usually liked having the owner, or supervisor and an employee along in an inspection so that they could see the things being addressed and I could explain it.
When I did OSHA 10 they mentioned that a supervisor should accompany the inspector on site.

Quote from: Iwawoodwork on December 22, 2021, 09:47:42 AM... they use the heck out of the consultants and trainers and will call or come to the office and discuss how situations need to be addressed.
This is my thinking.  I have gotten at least as much information out of inspectors over the years as I have at trainings.

Iwawoodwork

Yes I worked for Oregon OSHA 20 years, 11 years as a senior safety enforcement inspector and 9 years in management.

Ed_K

 I'd almost bet that during that cop of coffee he will ask if you have a shop you work out of ( fix stuff ) When I was tree warden one of the helper cut his foot, 9 stiches, The inspector came to talk to us ( I involved everyone on the team ) thinking it'd be good training. We went to the site then back to the office I worked out ( hyw dept) by the time he left he inspected the hi way dept and the fire dept as it is hooked to the hi way building. 20 infractions one was a loose bolt on the pedestal of a floor mounted drill press, all small things but he came back 100 days later to see if we passed  >:( .
Ed K

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