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?
- 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.
- 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.
- 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.
- 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.
