CoatingsPro Magazine

SEP 2016

CoatingsPro offers an in-depth look at coatings based on case studies, successful business operation, new products, industry news, and the safe and profitable use of coatings and equipment.

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COATINGSPRO SEPTEMBER 2016 33 WORK IT SAFE The Occupational Safety and Health Administration (OSHA) requires that employers protect each worker from workplace hazards that can cause injury or illness. Controlling a hazard at its source is the best way to protect workers; however, when engineering, work practice, and administrative controls are not feasible or do not provide sufficient protection, employers must provide personal protective equipment (PPE) and ensure its use. PPE is equipment worn to minimize exposure to a variety of hazards. Examples include items such as gloves, foot and eye protection, protec- tive hearing protection (earplugs, muffs), hard hats, and respirators. With few exceptions, OSHA now requires employers to pay for personal protective equipment used to comply with OSHA standards. The final rule does not create new requirements regarding what PPE employers must provide. The standard makes clear that employers cannot require workers to provide their own PPE, and the worker's use of PPE that they already own must be completely voluntary. Even when a worker provides his or her own PPE, the employer must ensure that the equip- ment is adequate to protect the worker from hazards at the workplace. Examples of PPE that employers must pay for include: Metatarsal foot protection Rubber boots with steel toes Non-prescription eye protection Prescription eyewear inserts/lenses for full-face respirators Goggles and face shields Firefighting PPE (helmet, gloves, boots, proximity suits, full gear) Hard hats Hearing protection Welding PPE For more information, contact: OSHA, www.osha.gov informal process can be very helpful if you keep your guard up. It is very important to retain an advocate for your company and carefully listen to all the allegations presented at an infor- mal conference. OSHA may also provide the photos and facts they claim support the citation during this meeting. It is important to make detailed notes of all the evidence that OSHA presents. Additionally, it is vital for you to remember that despite the informal setting, you are voluntarily attend- ing a legally binding interview with government inspectors. is is not the time to make any admissions, concede any points, or acknowledge that the company has violated any rules or regulations. You must listen to OSHA's position and decide whether or not it is in your best interest to negotiate a settlement or fight the citation. e final option available after the receipt of a citation is to issue a notice of contest. Contesting the citation is usually the best course of action if your company has any prior issues or open citations pending with OSHA. Once the citation is contested, OSHA no longer has the power or authority to act as judge, jury, and executioner with regard to the allegations of unsafe conduct. is contest initiates a legal proceeding where you have the opportunity to defend your company and offer evidence and testimony to refute OSHA's allegations. e case is heard before a judge who sits on what is known as the United States Occupational Safety and Health Review Commission. Once a case is brought before the review commission, OSHA must maintain the burden of proof and show the following: 1. that the cited regulation applies to the jobsite, 2. that the requirements of the regula- tion were not met at the worksite, 3. that the employees were actually exposed to the hazard, and 4. that the employer knew or should have known about the violative conditions. W hether you decide to accept the citation and correct the alleged viola- tion, attend an informal conference to negotiate a settlement, or issue a notice of contest, it will be very important to have knowledge of your rights and understand the processes required for each scenario. In the event you decide not to contest the citation and negotiate directly with OSHA, it is criti- cal that you be on the lookout for a zero dollar citation. The Zero Dollar Citation e zero dollar citation is essentially a violation OSHA may add to bolster its bargaining power in the event the citation becomes the subject of an informal conference. A zero dollar citation is often classified as an "Other- an-Serious" violation and usually involves an allegation regarding minor safety issues or alleged lapses in hazard communication. e proposed penalty amount will be $0.00. e zero dollar citation becomes relevant during the informal confer- ence, as the assistant area director will notify you that he or she is willing to "cut you a break " or "make you a special offer." e assistant area director will then agree to drop the zero dollar citation in exchange for full payment of the other citation items. A ll too often, contractors will be convinced they did indeed receive a break and will agree to pay the heavier fines. In reality, OSHA introduced and issued a charge that likely has little or no chance of being upheld in court and Safety Watch

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