Workshop LL Passionate about Safety … Avoid Paying OSHA Hundreds of Thousands in Fines for Not Reporting Changes Effective January 1, 2015 for Amputation, In-Patient Hospitalization, Eye Injury or Fatality Wednesday, March 25, 2020 11:15 a.m. to 12:30 p.m.
Biographical Information Joseph W. Clark Vice President Corporate Quality & Risk Control – Chief Quality Officer Bridgestone APM Company 235 Commerce Way, Upper Sandusky, OH 43351 Mobile: 419-722-6159 jwclark@bapm.com Joe started his career with National Lime and Stone Company in Findlay, Ohio in 1990 as a testing technician before moving to the ESH department in 1992 as the ESH Compliance Officer. Joe joined Oglebay Norton Industrial Sands in Cleveland Ohio in 1995 as the Manager of ESH with regulatory/compliance responsibilities for 6 Industrial Sand mines in Ohio, Texas and California. Joe joined Bridgestone APM Company in Findlay Ohio in 1998 as the Corporate Director of ESH and in 2017 was named Vice President Corporate Quality & Risk Control – CQO. Joe’s primary responsibilities for Bridgestone’s Anti-Vibration and Noise Isolation and Polyurethane Foam Seat Pad divisions are to establish company-wide ESH, Quality and Risk Management programs, strategies and policies to minimize financial, operational and other risks to the Company. Joe is also responsible for overseeing the company’s risk management department and ensuring that risk management programs will meet business objectives. Joe has served as the chairman of the Rubber Manufacturing Associations (RMA) Safety and Health committee, the ESH steering committee for the Association Rubber Producing Manufacturers (ARPM) and currently serves on the Wyandot County Safety Council Steering committee. Joe is a graduate of the University of Mount Union in Alliance Ohio. Ken Hackworth, PE, FS, President, Machine Safety Specialists (740) 816-9178 KHackworth@MSS-Safety.com website: http://www.mss-safety.com Ken Hackworth, PE has more than 25 years of experience in industrial controls and functional safety systems and is a licensed Professional Engineer (PE) in the State of Ohio, a certified Functional Safety Engineer by TÜV Rheinland, and a member of the American Society of Safety Professionals. Ken received his Bachelor of Science in Electrical Engineering from The Ohio State University and is a participating sub- committee member of ANSI B11.19 and ANSI B11.26 safety standards. Ken is experienced and certified in U.S. and international safety standards, including OSHA, ANSI, NFPA, RIA, and ISO/EN standards and specializes in machine safety engineering and compliance consulting in the United States. As a trainer for OSHA, Ohio BWC and several multi-national industrial clients, Ken enjoys training safety professionals, technical staff and business leaders in the latest technology and standards for industrial machinery safety.
Biographical Information William J. Wahoff, Member/Partner Steptoe & Johnson PLLC Huntington Center, Suite 2200 41 South High Street, Columbus, OH 43215 614-456-1654 Cell: 614-975-0125 Bill.Wahoff@steptoe-johnson.com Bill Wahoff’s primary focus is health and safety law, including OSHA on a national basis, workers’ compensation, Ohio VSSR, and intentional tort litigation defense. He has vigorously represented employers at several thousand administrative hearings, in numerous court cases, including jury trials, and mandamus actions. He also has significant experience representing employers in federal and state court employment litigation and in labor negotiations. He has handled ADA, FMLA, and race, gender- based, Title VII discrimination cases, federal and state wage and hour matters, and has bargained with the UAW, Steelworkers, Glass Molders and Potterers, OEA and OAPSE. He has been a very active Presenter, Moderator and unofficial Photographer for the Occupational Safety & Health Law Committee of the American Bar Association Section on Labor and Employment Law for 26 years. He was chosen by the Chief Judge to present to the Federal Occupational Safety & Health Review Commission (OSHRC) Judicial Conference in both 2008 and 2010. He is also an OSHA Authorized 10 & 30 Hour General Industry Trainer. Bill is a Fellow of The College of Labor & Employment Lawyers, a Chapter Editor of three editions of the ABA Treatise on Occupational Safety & Health Law, and had a article published in the ABA Journal of Labor and Employment Law in 2019, entitled, “Industry Standards: How Does OSHA Use Them to Prove Its Case Under the General Duty Clause?” An Ohio State Bar Association Board-Certified Workers’ Compensation Specialist, he is the current chair of the Ohio State Bar Association Workers’ Compensation Law Committee. Bill received his Law Degree with Honors from The Ohio State University, his B.A. with Honors and Departmental Honors from Miami University; he and his wife Cathy of 40 years have three Eagle Scout Sons: a Diplomat, an Engineer and a U.S. Army Officer. He has received Awards for Service Above Self from his Rotary District, and the Silver Beaver Award from the Boy Scouts. He is an NRA-Certified Range Safety Officer and Instructor in Pistol-Rifle-Shotgun. He is also admitted to practice law in Texas.
How the OSHA Rules Relating to Reporting of Injuries Relate to Machine Guarding and Lockout/Tagout Programs, and Six Figure OSHA Proposed Penalties Joseph Clark, Bridgestone APM Ken Hackworth, P.E., Machine Safety Specialists William J. Wahoff, Esq., Steptoe & Johnson PLLC March 24, 2020 Manufacturers Education Council
The Presenters Ken Hackworth, PE Joseph W. Clark William J. Wahoff bill.wahoff@ KHackworth@ JWClark@BAPM.com steptoe‐johnson.com MSS‐Safety.com 419‐294‐6989 740‐816‐9178 614‐456‐1654
Purposes – OSHA Enforce Federal safety and health laws, standards and rules by citing and proposing dollar penalties to employers to be paid to the U.S. Gov’t regardless of an injury or disease; – Employers must abate or fix the alleged violative conditions within a prescribed period regardless of causation to injury – Employers subject to penalties for violations: Serious, up to $13,494, Repeat or Willful, up to $134,937
Contesting OSHA Citations in Ohio Employers can contest citations, proposed penalties, and abatement to the Occupational Safety & Health Review Commission (OSHRC) ‐Filed at the issuing OSHA Area Office in Toledo, Cleveland, Columbus or Cincinnati ‐Within 15 working days of receipt of the citations often after informal conference ‐ Hearing in Ohio before an OSHRC Administrative Law Judge from D.C. ‐Lawyers for OSHA: offices in Cleveland
Contesting OSHA Citations in Kentucky and Indiana Employers can contest citations, proposed penalties, and abatement to the KY Review Commission; Indiana Board of Safety Review • Indiana: Filed at Indiana Department of Labor IOSHA Office: state basis for contest • Kentucky: Filed at the Kentucky Labor Cabinet ‐Within 15 working days after receipt of the citations or safety orders (often after informal conference)
Purposes: OSHA Recordkeeping v. Reporting Recordkeeping: For non‐exempt employers with 10 or more employees, to record any fatality, injury, or illness that is work‐related , and is a new case ; AND meets one or more of the general recording criteria of §1904.7 or specific cases of §1904.8 ‐ §1904.11, (regardless of WC compensability); post for one period a year and report data to OSHA once per year if required Reporting: Report to (call or complete an online report) OSHA within 8 hours a fatality, or within 24 hours an amputation, loss of eye or in‐patient hospitalization (regardless of OSHA record ability)
Required Reporting of Fatality or Severe Injury (All employers regardless of size) • A fatality within 8 hours • An amputation, eye loss or in‐patient hospitalization, within 24 hours • In‐patient hospitalization: a formal admission to the in‐patient service of a hospital or clinic for care or treatment. Treatment in the ER only is not reportable . • Amputation: includes fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; and amputations from body parts that have since been reattached; avulsions are not considered amputations
Required Reporting of Fatality or Severe Injury • If fatality occurs within 30 days of the work‐related incident then it must be reported • If an amputation, loss of eye or an in‐patient hospitalization occurs within 24 hours of the work‐related incident, then it must be reported • NOT REQUIRED: – Resulted from a MVA on a public street or highway (except in a construction work zone) – Occurred on public transportation system, i.e. airplane or bus – Involved hospitalization for diagnostic testing or observation only • Heart attack: report and OSHA will determine whether or not to investigate, depending on the circumstances
Required Reporting of Fatality or Severe Injury • Employers need to be prepared to give: business name; names of employees affected; location and time of incident; brief description of incident; contact person and phone number • Frequently, the investigation is not complete • Inspection or Rapid Response Questionnaire • Root Cause Analysis
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