Biographical Information David Arthur, Corporate Health and Safety - - PDF document

Workshop BB

Passionate about Safety … “Tag, You’re It!” A Priceless Guide to Knowing Who’s Liable Under OSHA’s Multi-Employer Policy

Wednesday, March 27, 2019 8:00 a.m. to 9:15 p.m.

Biographical Information David Arthur, Corporate Health and Safety Manager Environmental Quality Management, Inc. 1800 Carillon Boulevard, Cincinnati, Ohio 45240 513-742-7297 darthur@eqm.com www.eqm.com

• Mr. Arthur has more than thirty years of both governmental and commercial

experience as an occupational safety and health manager. Mr. Arthur has built, managed, and trained on safety and health programs since 1988, and was heavily involved in shipping hazardous materials by air since 1982. Having been a member

• f both the Air Force and Air National Guard, he was instrumental in building and

managing the programs for the more than 2,000 personnel assigned to the units for which he was responsible. Mr. Arthur is an experienced mishap investigator and adult educator, at one point working as a university-level instructor and curriculum developer. He holds a BS in Environmental Health from Boise State University, ID, has three USAF Associate Degrees, and lives in Cincinnati with his beloved wife and dogs.

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Tag, You’re It!

A Priceless Guide to Knowing Who’s Liable Under OSHA’s Multi‐Employer Policy

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Incidentals

• Presenters
• David Arthur, EQM

Corporate H&S Manager

• Nicholas Ehrke, Ohio EPA

Agency Safety Manager

• Agenda
• Part 1 – Digesting the CPL
• Part 2 – Exercises
• Questions & Answers

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"The best executive is one who has sense enough to pick good people to do what he wants done, and self-restraint enough to keep from meddling with them while they do it."

Theodore Roosevelt President

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Defining The Process

• OSHA CPL 2‐0.124 ‐ Multi‐Employer

Citation Policy

• OSHA’s “Two Step Process”

– Step 1 – Is the employer a creating, exposing, correcting,

• r controlling employer?

– Step 2 – Was the employer's actions sufficient to meet the

• bligations for safety?

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Defining The Employer Type

Creating, Exposing, Correcting, Controlling

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Defining The Employer Type

• Step 1 – The “Creating” Employer

Definition: The employer that causes a hazardous condition that violates an OSHA standard.

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Defining The Employer Type

• Step 1 – The “Exposing” Employer

Definition: An employer whose own employees are exposed to the hazard.

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Defining The Employer Type

• Step 1 – The “Correcting” Employer

Definition: Employers engaged in a common task on the same worksite as the exposing employer, and is responsible to correct hazards.

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Defining The Employer Type

• Step 1 – The “Controlling” Employer

Definition: An employer with general supervisory authority, including the power to correct safety and health violations itself or require others to do so. “Control can be established by contract or, in the absence of explicit contractual provisions, by the exercise of control in practice.”

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Defining The Employer Type

Did You Exercise Enough Responsibility?

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Determining Employer Actions

Step 2 – Actions Taken: A controlling employer must exercise “reasonable care” to prevent/detect violations

• n the site.
• The extent of measures that satisfy the duty of

reasonable care is less than what an employer is required to protect its own workers.

• This means the controlling employer is not normally

required to inspect as frequently, or to have the same level of safety knowledge as the employer it hires.

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Determining Employer Actions

The Reasonable Care Standard Factors: The factors affecting how frequently and closely a controlling employer must inspect to meet the standard include:

• The scale of the project;
• The nature and pace of the work, to include the

frequency with which the number or types of hazards change as the work progresses;

• How much the controlling employer knows both about

the safety history and safety practices of the employer (Subs) it controls and about that employer's level of expertise.

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Determining Employer Actions

The Reasonable Care Standard Factors (Continued):

• More frequent inspections are normally needed if the

controlling employer knows that the other employer has a history of non‐compliance.

• This may also be needed, especially at the beginning
• f the project, if the controlling employer had never

before worked with this other employer and does not know its compliance history.

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Determining Employer Actions

The Reasonable Care Standard Factors (Continued):

• Less frequent inspections may be okay when there are

strong indications the other employer has implemented effective safety efforts. – The most important indicator of an effective effort is a consistently high level of compliance. – Other indicators include the use of an effective, graduated enforcement system for non‐ compliance, coupled with regular safety meetings & training.

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Determining Employer Actions

The Reasonable Care Standard Factors (Continued):

• In evaluating whether a controlling employer exercised

reasonable care, consider such things as whether they: – Conducted periodic inspections of appropriate frequency – Implemented an effective system for promptly correcting hazards – Enforces the other employer's compliance with an effective, graduated system of enforcement and follow‐up inspections.

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Determining Employer Actions

Control Established by Contract: When the employer has a specific contract right to control safety, the employer must itself be able, or to require another employer, to prevent or correct the violation.

• One source of this ability is explicit contract authority.
• This can take the form of a specific contract right to

require another employer to adhere to safety and health requirements and to correct violations the controlling employer discovers.

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Determining Employer Actions

Control Established by a Combination of Other Contract Rights: Where there is no explicit contract provision granting the right to control safety, or where the contract says the employer does not have such a right, an employer may still be a controlling employer.

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Determining Employer Actions

Control Established by a Combination of Contract Rights: This situation can result from a combination of contractual rights that, together, give the contractor broad enough responsibility so that its contractual authority necessarily involves safety.

• The authority to resolve disputes between subs
• Set schedules & determine construction sequencing

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Putting Knowledge Into Practice

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Recap

• In this presentation we

covered…

• OSHA Uses a 2‐Step Process
• What Type of Employer Are You?
• What Are Your Safety

Responsibilities?

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Remaining Curiosities

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“It will never happen to me!”

EJ Smith Captain of the Titanic Quoted in the press just before sailing

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The End…

Thank you for your time!