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Cultivating a Relationship with OSHA Part 3

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The value of a safety and health program.

This is the third in a series of blogs designed to help introduce your rope access company to OSHA and improve your company safety culture, or if there is none currently, then it’s time to get you started on the correct path to safety. (Check out the first and second blogs.)

It has always been my passion to promote safe work at height and help small business employers in the work at height industry understand the “cost” of safety.

The first question that I ask owners and management is, “How is your company’s safety and health program?” The responses that I receive range from the ignorant to the absurd.  I have heard everything from, “We’re good for now. We’re safe,” to “I’ve been in business for X years and haven’t had a problem.” The fact is most small business owners have been lucky by not having a serious injury, illness or worse a work-related death. For this reason, they don’t understand the importance of proper Safety and Health Management.

The fact is, safety and health programs add value and savings to a business by:

  • Reducing medical costs
  • Lowering insurance rates
  • Lowering EMR’s (Experience Modification Rate) the ability to secure more work
  • Increasing productivity
  • Increasing Morale
  • Reducing turnover

Employees and their families also benefit from Safety and Health because:

  • Their income is protected
  • Their lives are not hampered by an injury
  • Their stress level is not increased

Investing in a safety and health program now will set your company on the course to avoid possible losses in the future. The time, energy and minimal fiscal output to create a culture of safety in your company yields an obvious and extreme ROI.

THE BASIS OF A PLAN:  A FOUR POINT WORKPLACE PROGRAM

  1. Management Commitment and Employee Involvement. The owner, manager or management team leads the way, by setting policy, assigning and supporting responsibility, setting an example and involving employees.
  2. Worksite Analysis. The worksite is continually analyzed to identify all existing and potential hazards. This is where a mobile workforce such as a rope access company sets itself apart from a manufacturer. For example, a rope access company performing an inspection on the side of a building would analyze all hazards from the roof deck down to the ground.
  3. Hazard Prevention and Control. Methods to prevent or control existing or potential hazards are created, utilized and maintained.
  4. Training for Employees, Supervisors and Managers. Managers, supervisors and employees are trained to understand and deal with worksite hazards.

Regardless of business size, these four basic elements make up a Safety and Health Program.  The key to the success of a Safety and Health Management System is to make it part of your day to day operations so it becomes second nature.

Q & A’s for Small Business Employers

Q. What is a Job Hazard Analysis?

A. A preparation technique that focuses on job tasks as a way to identify and correct hazards.

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Cultivating a Relationship with OSHA Part 2

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Cultivating a Relationship with OSHA

This is the second in a series of blogs designed to help introduce you and your rope access company to OSHA, improve the safety culture of your company, and to help you get started creating that culture if one is absent. (You can check out the first blog here.)

Think of this series as an investment in safety. You have invested in equipment, PPE, insurance, employees and so much more. It’s time to invest in safety. Can you afford not to?

What you first need to know is that there are two types of coverage under OSHA: Federal and State. State Plans are OSHA-approved job safety and health programs operated by individual states instead of Federal OSHA. Section 18 of the OSH Act encouraged states to develop and operate their own job safety and health programs and precludes state enforcement of OSHA standards unless the state has an OSHA-approved State Plan.

So, where do you start?

  1. Educate yourself on your OSHA coverage. First, learn what kind of OSHA coverage will apply to your company: State or Federal. State Plans are OSHA-approved job safety and health programs operated by individual states instead of Federal OSHA. Section 18 of the OSH Act encouraged states to develop and operate their own job safety and health programs and precludes state enforcement of OSHA standards unless the state has an OSHA-approved State Plan. 22 states/territories have OSHA approved State Plans. If your state doesn’t fall under the State approved plan, it will fall under the federal plan. You can check your state on the State Plan homepage.
  2. Take your business to OSHA’s front door. Call your local OSHA office to introduce yourself and your company to the OSHA representative. I called several times and stopped by the local office. Personally, I don’t like phone conversations for first time introductions. I would much rather meet someone face to face so that they better understand my needs. What I try to accomplish is to help them understand my company, SPRAT and our mission of promoting safety in the work-at-height industry. It’s that easy – a telephone call, a letter or a knock at their door will get the process moving in the right direction.
  3. Apply for a consultation. Ask about OSHA’s On Site Consultation Program. The (free!) on-site safety and health consultation provides surveys for small and medium sized Construction and General Industry businesses. The On Site Consultation Program is completely separate from OSHA inspections and there is no concern of enforcement or fear of citation. Because consultation is a voluntary activity, you must request it (see OSHA’s Consultation Directory)  fill out the form and email it to your state OSHA office.
  4. Prepare for, and learn from, your consultation. Schedule a Consultation meeting with your OSHA Consultant, who will then walk you through specific needs of an employer and set up a visit based on the priority assigned to your request. Due to the nature of rope access, we were considered a “mobile workforce,” so we had our consultant visit us at one of our work sites. OSHA encourages a complete review of your company’s safety and health situation in order to determine the correct path forward to safety. The consultant will start with an opening conference with you before beginning the company walk-through. The consultant will study your entire workplace, pointing out safety or health risks. After the walk-through, the consultant will review the findings with you before leaving. Finally, the consultant will send you a detailed written report explaining the findings and confirming any abatement periods agreed upon. They may also contact you from time to time to check your progress.

The costs associated with improving your company safety culture should be thought of as an investment. This investment is free and the payoff will continue for years to come.

Q & A’s for Small Business Employers

Q: What will an OSHA Citation or penalty cost my business?

A: Maximum penalties are set to increase for the first time since 1990. OSHA’s new penalty levels will take effect after August 1, 2016 when the maximum penalty for serious violations will rise from $7,000 to $12,471. The maximum penalty for willful or repeat violations will increase from $70,000 to $124,709, which does not include the cost of an attorney to represent you and your company.

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Cultivating a Relationship with OSHA

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misconceptions (3)

It is one of the questions that I get asked most often as a business owner: “How do I approach my state OSHA office?” Companies want to operate as safely as possible to avoid fines, while their local OSHA office many not even know what rope access is. The problem is wide spread, and it’s up to the company to take the first step to remedy the situation.

Many rope access employers and employees avoid the acronym OSHA at all costs, but it doesn’t have to be that way. By sharing my experience with OSHA, my hope is to change your misconceptions with this organization and help answer some of the questions you may have regarding your first steps towards introducing your rope access company to OSHA.

My journey with OSHA started out in an unorthodox manner, yet it ultimately changed my perception of safety and OSHA itself. My first official rope access project was a very challenging condominium complex where I encountered a disgruntled window cleaner whose services had just been replaced by my rope access company; this person threatened to report my company to OSHA for what he believed were willful safety violations. He regularly photographed and reported my work to the property manager and shouted that four letter word OSHA as if it were an obscenity.

I can tell you that it became my worst fear that I could potentially be facing a compliance officer based on this person calling OSHA. I certainly did not want anything to do with OSHA nor did I need a citation at that time. Thankfully, the hands of fate intervened and my destiny with OSHA became an invaluable learning experience. Thinking back, if I could meet that window cleaner today, I would shake his hand and thank him for all that he has done for me and my company.

It begins with your employees; building a small company and hiring employees changes the game significantly, since you now inherit the title of ‘Employer’. This title comes hand in hand with another: Employer Responsibilities. Under the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970, employers are required to provide their employees with a place of employment that is “free from recognizable hazards that are causing or likely to cause death or serious harm to employees. 

In simpler terms, employers have a responsibility to provide a safe workplace. (The full list of key employer responsibilities can be found here: https://www.osha.gov/as/opa/worker/employer-responsibility.html.)

It’s key to understand the importance of safety and health management so that your rope access company is not on the wrong end of an OSHA inspection or worse, a work-related injury or fatality at your company.

So, what’s at stake if you are the employer?

In short: your company, your livelihood, or someone’s life. A work-related injury or fatality will put your company in the cross-hairs of OSHA and also Civil Litigation, at which point it is all but too late. By the time a trial comes around, a lawyer will have a carefully prepared case against you and your company. If this happened to you tomorrow, how prepared would you be?

No one will ever be prepared for a work-related fine, injury or fatality, but you can make sure you are arming your company against the occurrence of all three by being prepared, knowledgeable, above all, genuinely friendly with your local OSHA office.

Q & A’s for Small Business Employers

Q: Can an OSHA Compliance Officer (CSHO) show up unannounced at your site without an appointment for a surprise inspection? Do they need to call ahead, email or send notice of an inspection?

A: Notice of intended inspection shall not be given to an employer prior to the time of actual entry upon the workplace. Compliance Officers will present credentials, and shall be permitted to inspect places of employment, Question employees, and investigate conditions, practices or matter connection with employees.

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