Accident Prevention

Injury and illness prevention programs vary widely depending on the specifics of the business. One size certainly does not fit all. However, management leadership and worker participation are the key elements that distinguish success from failure. Incorporating safety within the culture aligns safety as a value rather than a priority. When organizations work together to identify and assess hazards, co-create hazard prevention and control plans, education and training programs, and safety evaluation and improvement, employers can dramatically reduce the frequency and severity of workplace injuries and illnesses. What’s more, when employees are involved in the safety performance processes, job satisfaction and retention are typically improved greatly.

Written Safety Plans

Most employers are minimally required to have written plans for Hazard Communication, Bloodborne Pathogens, Lockout/Tagout, Respiratory Protection, Hearing Conservation, and Emergency Action plans. It’s also recommended to have a general hazard recognition and remediation plan that can include varied numerous hazards specific to the employers’ type of business. Having all of the organizations’ written safety plans in one manual is an easy way to maintain and revise the written plan as regulations change or new hazards are introduced into the workplace. Regardless of changes to the workplace or regulations, employers should review these plans at least annually.

Emergency Action Plans

All employers must have an emergency action plans. Employers with ten or less employees may communicate the plan orally to employees, however, all other employers must put their plans into writing and make them available to employees.  The employers’ emergency action plans must at a minimum contain the following elements:

1. 1. Procedures for reporting a fire or other emergency;
   2. Procedures for emergency evacuation, including type of evacuation and exit route assignments;
   3. Procedures to account for all employees after evacuation;
   4. Procedures to be followed by employees performing rescue or medical duties; and
   5. The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.

Other requirements include alarm systems, employee evacuation training, and review of the plan when any employee duties or elements within the plan change.

Injury and Illness Recordkeeping

Companies with more than ten employees are required to record and report work-related fatalities, injuries, and illnesses. Organizations within certain industry groups with more than ten employees may be exempt from this requirement. However, all employers must report to OSHA any workplace incident that results in an employee’s fatality, in-patient hospitalization, amputation, or loss of an eye. If you are uncertain how this regulation effects your organization, or you know you need to implement injury/illness recordkeeping and need assistance, we are available to help.

Response and recovery to OSHA citations

If your organization has been visited by OSHA and now received a notice of violation via certified mail, this is a serious legal matter and you should immediately consider involving an attorney to guide you through the process. However, there are a few other things that should be immediately acted upon.

1. 1. Carefully review the citation for the reason for the violations, required abatement, abatement deadlines, and penalty or fine.
   2. If possible, immediately abate the violation(s) and/or guard against others being affected by it or them.
   3. Post a copy of the citation(s) at or near where the violation occurred. The citation must be posted for the longer of 3 days or until the violation is abated.
   4. You have 15 working days from receipt of the citation to either request an informal conference with the OSHA Area Director or file a notice of contest. The informal conference does not stay the 15-day deadline for contesting the violation, so it is important to act quickly to decide about how to proceed.  If you choose an informal conference, you may be able negotiate the abatement dates, get clarification of the citation(s), or possibly even negotiate a settlement the matter.
   5. If you decide to file a written notice of contest within the 15 days, you must send it to the Area Director, who then forwards it to the Occupational Safety and Health Review Commission (OSHRC). Failing to meet the 15-day deadline means that the citation becomes a final judgment, and you must then abate by the deadlines and pay the fines prescribed.
   6. Once the OSHRC, operating independently of OSHA, receives the notice of contest, they may then notice a public hearing near the workplace, which will be heard by an OSHRC Administrative Judge. The employer and an employee representative(s) may attend the hearing.  The OSHRC does not require the employer to have an attorney present.  However, it is a really good idea to involve a lawyer to represent the company in this serious legal matter.
   7. Once the Administrative Judge has ruled on the matter, any party to the case may request further hearing by the OSHRC or file an appeal with the appropriate US Court of Appeals.

If you need assistance understanding what is needed to in order to satisfy the notice of violation from OSHA, we’re here to help you from first notice to final abatement to get your organization operating safely and efficiently again.

Written Safety Manuals

Are you struggling with the written word of federal safety regulations? We can help by simplifying the process and help you create written processes that are understandable and executable. If you’re stuck here, let us help, it’s what we do.