MAMF MeetingMAMF Meeting- September 22, 2011 - Yonkers, NY -- September 22, 2011 - Yonkers, NY -

and The Metal Finishing Industry - An Overview of the Agency and It’s Impact on the Plating Industry -

Risk Management Planning Group, Inc. 211 Station Road - Suite 700

Mineola, New York 11501

2

The Occupational Safety and

Health AdministrationThe Act of 1970 (Walsh-Healy)

“…to assure safe and healthful working conditions for working men and women…”

by authoring enforcement of the Standards developed under the Act;

by assisting and encouraging the States in their efforts to assure safe and healthful working conditions;

by providing for research, information, education, and training in

the field of occupational safety and health

3

The Occupational Safety and

Health AdministrationStructure

Department Of Labor Assistant Secretary - David Michaels

10 Regional Offices Region II (Manhattan) – NY, NJ, PR, VI

Area Offices Queens Westbury Tarrytown Albany Syracuse Buffalo Avenel, NJ (Staten Island)

4

The Occupational Safety and

Health AdministrationTypical Area Office Structure

Area Director

Asst. Director

Compliance Assistance Specialist

Alliances

Outreach Training

Compliance Safety and Health Officers (CSHOs)

Federal Officers

Trained in the Standards and in recognition of Safety and Health hazards

Traditional workplace safety expertise

Industrial hygiene expertise

5

OSHA’s PurposeDevelop Job Safety and Health Standards

Title 29, Code of Federal Regulation – LABOR

General Industry Standards Special Industries

Construction Industry Standards

The General Duty Clause (5a) (from the Act)

“ Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees…”

6

OSHA’s Purpose Enforcement of Standards

Research in the S&H Field NIOSH (National Institute for Occupational Safety and Health) ANSI (American National Standards Institute) Alliances

Maintaining Reporting and Recordkeeping System Injury and Illness Report (OSHA 301) Log of Work Related Injuries (OSHA 300) Summary of Work Related Injuries and Illnesses (OSHA 300A)

Establish Separate Rights and Responsibilities

7

OSHA’s Current Focus

Strong, Fair, and Effective Enforcement

Outreach, Education, and Compliance Assistance

Partnerships and Cooperative Programs

Alliances

National and Regional Emphasis Programs June 2011 – NEP for the Primary Metals Industry

“…minimizing or eliminating exposure to chemical hazards and physical hazards…” “…inspecting facilities that manufacture primary metals and metal products…”

OSHA en Espanol - Hispanic Outreach Program

8

Why Me???

Fatal or “Serious” Accidents

Referral Inspections

“In Plain View” Inspections

Emphasis Program Inspections

Recordkeeping Inspection

Employee Complaint

9

Citations and PenaltiesOther-Than-Serious Up to $7,000.“…the most serious injury or illness that would be likely to result from a hazardous condition cannot

be predicted to cause death or serious physical harm…but does have a direct and immediate relationship to their safety and health.”

Serious Up to $7,000.“…when the workplace hazard could cause injury or illness that would most likely result in death or

serious physical harm, unless the employer did not know or could not have known of the violation.”

Failure to Abate Up to $7,000 per day“…when the employer has not corrected a violation for which OSHA has issued a citation and the

abatement date has passed…”

Repeated Up to $70,000.“…if that employer has been cited previously for a substantially similar condition… “ “A citation is

currently viewed as a repeated violation if it occurs within 3 years either from the date that the earlier citation becomes a final order or from the final abatement date, whichever is later.”

Willful From $5,000 to $70,000.“…a violation in which the employer knew that a hazardous condition existed but made no

reasonable effort to eliminate it and in which the hazardous condition violated a standard…”

10

Impact on Industry Members

Compliance with the Recordkeeping Standard Forms 300, 300A, AND 301 (OR EQUIVALENT) Current and prior 5 years

Hazard Communication Standard Site-specific written program Chemical Inventory MSDS’s Labeling Annual and Refresher training

Fire Safety Exits clearly identified and unobstructed Annual inspections of fire suppression systems Flammable and combustible material storage areas

11

Impact on Industry Members

Personal Protective Equipment Standard Documented Hazard Assessment Site-specific written program Annual and refresher training

Respiratory Protection Standard Documented Exposure Assessment Site-specific written program Respiratory Protection training Medical Evaluation Forms Annual Fit-Testing

Occupational Noise Exposure Standard Noise level monitoring Personal monitoring Hearing Conservation Program Audiometric testing

12

Employer Rights

To refuse entry

To ask why they are there

To request postponement of an inspection

To accompany CSHO’s during inspection Except employee interviews

To question all monitoring and measuring

To take photos and measurements

To a closing conference

13

Employer Rights – After Inspection

Request an Informal Conference

Within 15 working days of receipt of citations With the Area Director to discuss the citation and penalty Obtain a better explanation of violations Dispute citations based upon improper application of a standard Present additional information not evident in the inspection Negotiate and enter into an informal settlement agreement Discuss problems concerning abatement dates

Contest in Writing Within 15 working days of receipt of citations Must clearly state what is being contested - the citation, penalty, or abatement date or any

combination of factors Must be made in good faith – not solely to avoid your responsibilities Can be filed after an informal conference, but within the 15 day window Once Notice of Intent to Contest is filed, the case is officially in litigation Case is forwarded to Occupational Safety and Health Review Commission Commission assigns case to an Administrative Law Judge who schedules a hearing Judge ultimately affirms, modifies, or eliminates the contested items

Petition for a Modification of Abatement You are unable to meet an abatement date and the 15 day contest period has expired Submitted no later than 1 working day after the abatement date Must show good faith effort to comply and steps you have taken

14

RMPG Services

Presentations: Employer and Employee Rights and Responsibilities

Investigation of serious accidents

Compliance Assessment – Determining the Compliance Posture

Site/Facility Surveys

Interviews

OSHA Recordkeeping Review

Required compulsory program review

Required compulsory training review

Review of Environmental and Personal Monitoring

15

RMPG Services

Compliance Measures Position Paper

Interpretation of cited standards and applicability to client

Safety and Health Program Development and Implementation

Compulsory programs as determined by the Compliance Assessment

Compulsory training as determined by the Compliance Assessment – Bi-lingual.

Respiratory Protection Services Written program development Medical evaluation review by PLHCP Fit testing Training

Recordkeeping set-up and training

Specific hazard abatement

16

RMPG Services

Client Representation

During OSHA inspections At Closing Conferences after inspections Request on behalf of and represent client at Informal

Conference Preparation of responses to Non-Formal Complaints Subject Matter Expertise availability to client’s Counsel

Citations and Penalties

Review citations for applicability; defend ability Negotiations to mitigate seriousness of citations and

reduction of penalties Negotiation of hazard abatement time frame Letters of Contest Settlement Agreements

17

Thank You!!!

On behalf of the entire RMPG team,We thank you….

For the invitation

For the opportunity to address you

For your attention and cooperation

For a great dinner and the opportunity to meet nice people!!!

Michael Huthwaite – (516) 535-4940michael.huthwaite@RMPG.com

Janet B. Murphy – (516) 852-8231janet.murphy@RMPG.com