OSHA Recordkeeping and Reporting: A Quick Review

OSHA recordkeeping and reporting requirements appear straightforward, but the devil is in the details.

Now Returning to Our Regularly Scheduled Program…

John in Official 'Fish Red', White and Blue

John is NOT wearing an Official Fish Uniform

Happy July Everyone!

I hope you are all enjoying your summer.  We at Fish Window Cleaning – Los Angeles South Bay are having a terrific one!

Simply put: The weather gets hot and people want clean windows!

Summer is our busiest time of year and our expanding window cleaning team is doing a great job meeting our customers’ needs.

The Window Cleaning business is booming and we are set to break our production record this summer as we clean commercial and residential windows through Labor Day.

A new record is a good reason to miss a few posts, don’t you think?  Go Fish!   

Personal Best

Our Best Summer So Far!

Our busy schedule has consumed my time but I’m now back to my regular schedule and I will continue to write & post every week.

I hope you’ve enjoyed this year’s articles so far.  I’ve just completed my Q3/Q4 Blog Post calendar, there are so many exciting topics to cover!

Please let me know if there are any topics you’d like to see, I’m happy to fit them in the schedule.

Anyway, I’m back at it.

Thank you for your feedback & support!

This Week’s Topic: OSHA Regulations

The #1 topic that I post on “A Clear View Through Clean Windows” is OSHA related.  These posts are generally targeted for those running a window cleaning business or something similar, the #2 topic is safety (something we all relate to).  We must give the public what they want!

Look for more articles on both topics!

Tom Patton - Risk Manager, BBSI

Tom Patton, BBSI

So, let’s get back to it… Here’s a quick reminder of the main OSHA recordkeeping and reporting requirements.

Please let me know if you find this information useful.

Safety is a serious topic and our company, Fish Window Cleaning, adheres to all OSHA regulations.

Today’s OSHA related information is provided by our company’s Risk Manager, Tom Patton.

Tom works for Barrett Business Services, Inc. (BBSI), our Professional Employer Organization (PEO), and helps make sure we receive up-to-date  safety techniques and information, and he monitors us regularly to make sure we follow our safety training program and conform to all OSHA safety regulations.

OSHA Recordkeeping and Reporting Requirements

The OSHA recordkeeping standard requires you to keep records of occupational deaths, injuries and illnesses, and make reports to OSHA and the Bureau of Labor Statistics (BLS). Small employers (10 or fewer workers) and employers in certain retail, service, finance, real estate or insurance industries are not required to keep these records. However, they must report any occupational fatalities or catastrophes that occur in their workplaces to OSHA, and they must participate in government surveys if they are asked to do so.

OSHA Forms

Cal-OSHA Website

Cal-OSHA Website

The regulations require you to complete three forms:

  • OSHA 300 Log of Work-Related Injuries and Illnesses,
  • OSHA 301 Injury and Illness Incident Report
  • OSHA 300A Summary of Work-Related Injuries and Illnesses (annual)

The 300 log must include injuries and illnesses to employees on your payroll as well as to other employees you supervise on a day-to-day basis, such as temporary workers or contractor employees who are subject to daily supervision by your organization.

Work-Related Injuries

Section 1904.5(a) states that “[the employer] must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment….”

Note that the work event or exposure need only be one of the discernible causes of the injury or illness. It doesn’t have to be the sole or predominant cause.

Reporting Work-Related Injuries

Reporting Work-Related Injuries

Section 1904.5(b)(3) says that if it is not obvious whether the precipitating event or exposure occurred in the work environment or elsewhere, you “must evaluate the employee’s work duties and environment to decide whether or not one or more events or exposures in the work environment caused or contributed to the resulting condition or significantly aggravated a pre-existing condition.”

If you decide the case is not work-related, and OSHA subsequently issues a citation for failure to record, OSHA—not you—would have the burden of proving that the injury or illness was work-related.

Recording New Cases

Only new cases are record-able. Work-related injuries and illnesses are considered to be new cases when the employee has never reported similar signs or symptoms before, or when the employee has recovered completely from a previous injury or illness and workplace events or exposures have caused the signs or symptoms to reappear.

Recording Restricted Work

When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column.

However, you don’t have to record a case where, for example, the employee only experiences minor musculoskeletal discomfort and the doctor says he’s fit to work, but assigns a work restriction to that employee for the purpose of preventing a more serious condition from developing.

Getting Back to Work is Very Important

Getting Back to Work is Very Important

An employee’s work is considered “restricted” when, as a result of a work-related injury or illness:

  • You keep the employee from performing one or more of the routine functions of his or her job (job functions that the employee regularly performs at least once per week), or from working the full workday that he or she would otherwise have been scheduled to work; or
  • A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to worked.

For recordkeeping purposes, an employee’s routine functions are those work activities the employee regularly performs at least once per week.

A recommended work restriction is recordable only if it affects one or more of the employee’s routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee’s job.

A partial day of work is recorded as a day of job transfer or restriction for recordkeeping purposes, except for the day on which the injury occurred or the illness began.

Count days of job transfer or restriction in the same way you count days away from work. The only difference is that, if you permanently assign the injured or ill employee to a job modified or permanently changed to eliminate the routine functions the employee was restricted from performing, you may stop the day count when the modification or change is permanent. You must count at least 1-day of restricted work or job transfer for such cases.

I hope you found this article “OSHA Recordkeeping and Reporting: Quick Review” helpful.

Remember: Complying with OSHA regulations is important and it’s the Law!

Be Safe Everyone!

_______________________

About the Author

John Gran & Cynthia Julian

John and Cynthia

John Gran (@FishSouthBay) is an entrepreneur and former marketing and product development executive who has grown his successful Fish Window Cleaning franchise in the Los Angeles – South Bay area to become a leading professional in window cleaning services for business owners and home owners.

With his popular blog A Clear View Through Clean Windows, John shares his window cleaning expertise by addressing topics and answering questions that customers continually ask him during his day.  He also uses window cleaning pictures, inspirations and stories about his business to demonstrate the fundamentals for building a strong, healthy, thriving business.

John lives & works with his wife Cynthia in Redondo Beach, CA (she runs the business too!)

If you have a question or would like window cleaning services click Here or Call 310-973-3474 for a Free, on-site written estimate.

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OSHA Regulation GHS Effective Next Week

A new OSHA law concerning the classification and labeling of chemicals, know as GHS, becomes law effective on May 25th, 2012.

Is that a sexy title or what?

From the feedback I’ve received, many different types of readers follow “A Clear View Through Clean Windows.” For those running a window cleaning business or something similar, I periodically post important safety information.

Please let me know if you find this information useful.

Safety is a serious topic and our company, Fish Window Cleaning, adheres to all OSHA regulations.

Here’s some important OSHA related information from our company’s Risk Manager, Tom Patton.

Tom works for Barrett Business Services, Inc. (BBSI), our Professional Employer Organization (PEO), and helps make sure we receive up-to-date  safety techniques and information, and he monitors us regularly to make sure we follow our safety training program and conform to all OSHA safety regulations.

Make it a SAFE Day!

John Gran – Owner
Fish Window Cleaning – Los Angeles South Bay

Remember:  Safety is everyone’s responsibility!

OSHA GHS Final Rule Effective Next Week

Chemicals must be properly labeled

Chemicals must be properly labeled

The Globally Harmonized System (GHS) finally makes its debut. But don’t worry, there’s plenty of time yet to comply.

OSHA has announced that the final rule for GHS, or Globally Harmonized System of Classification and Labeling of Chemicals, will become law effective May 25, 2012.

The effective date of the final rule is 60 days after March 26, the date of the rule’s publication in the Federal Register.

The new GHS rule will be added to OSHA’s existing hazard communication standard, or worker right-to-know law.

OSHA says the GHS rule will help prevent 43 worker fatalities and 585 occupational injuries and illnesses from chemical exposures every year.

According to OSHA, the GHS rule will affect over 5 million workplaces and 40 million workers.

There are two primary groups of employers that will be affected by the GHS rule:

  • 90,000 employers that are chemical manufacturers, importers and distributors
  • 5 million other employers where their employees use, handle, or store chemicals

4-Year Transition Period

Transition Period

4 Year Transition Period

OSHA will allow employers the following phase-in or transition period to comply with the new GHS requirements:

  • December 1, 2013 – All employers that use, handle, store chemicals.  Train employees about the new chemical labels and safety data sheets or SDSs (formally material safety data sheets or MSDSs).
  • June 1, 2015 – Chemical manufacturers, importers, distributors Comply with all the requirements of the GHS rule, except compliance with GHS label requirements for distributors by December 1, 2015.
  • December 1, 2015 – Chemical manufacturers, importers, distributors  All shipments of chemical containers must include the GHS-compliant label (signal word, pictogram, hazard statement, and precautionary statement).
  • June 1, 2016 – All employers that use, handle, store chemicals Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.

Options During Transition

During the phase-in period, employers would be required to be in compliance with either the existing hazard communication standard or the revised standard with GHS, or both.

OSHA recognizes that hazard communication programs will go through a period of time where labels and SDSs under both standards will be present in the workplace. This will be considered acceptable, and employers are not required to maintain two sets of labels and SDSs for compliance purposes.

What Will Cal-OSHA Do?

Cal-OSHA Website

Cal-OSHA Website

Several of you highly knowledgeable recipients of my newsletter asked me if Cal OSHA will be adopting this Federal Standard.

I can only say this: Cal OSHA must be equal to or better than Fed OSHA Standards and I fully expect Cal OSHA to do the same with this Regulation.

It’s only a matter of time.

With the hazard communication standard already a regular fixture on OSHA’s most frequently cited standards list, it’s more important now than ever before to understand how GHS affects your hazard communication obligations.

It’s important to remember that your hazard communication requirements will not be reduced by the Globally Harmonized System (GHS); they will simply be modified to support the new system.

Though implementing GHS does not involve a total rewrite of the hazcom standard, there are still a lot of changes coming your way. Pretty much everyone who uses hazardous chemicals has some responsibility…but some more than others.

  • Chemical manufacturers and importers have some work to do around re-authoring MSDS and turning them into safety data sheets (SDSs). They also have to rewrite labels and warnings to make them GHS compliant.
  • Resellers and distributors need to get the new SDSs and labels and distribute them to customers.
  • And, of course, employers have plenty to prepare for, too.

Get Ready, Get Set

OSHA Website

OSHA Website

Here are 8 steps your organization can take during the phase-in period to prepare for full compliance with GHS:

  1. Have an hazard communication plan. Maintain a checklist of key plan components and review it annually.
  2. Inventory your on-site chemicals and make sure you have a complete library of MSDSs and SDSs as you get them.
  3. Prepare yourself for the eventual switchover from MSDS to SDS. If you’re still using paper, consider transitioning to electronic system.
  4. Make sure your alternative labeling system is GHS compliant.
  5. Start developing a training plan for your employees now. Have a plan and make sure employees are ready to read GHS compliant SDSs and labels.
  6. Stay current on OSHA, including federal, state and local requirements. Keep an eye on GHS, looking out for key dates that will have an impact on your plan. (Note: That’s where Safety.BLR.com can help. This would be a great time to check it out!)
  7. Request GHS-compliant SDSs from your chemical vendors. Talk to your chemical suppliers and ask about their plans to transition to GHS. Make sure your staff is on the lookout for SDSs with new shipments.
  8. Stay SARA compliant. Update local and state emergency response agencies when new chemical hazard information becomes available.

(SARA is the Superfund Amendments and Re-authorization Act, (SARA) which requires facilities who are subject to OSHA’s hazardous chemical requirements to submit MSDSs or a hazardous chemical list to local and state authorities.)

By following these steps, you’ll be well on your way to preparing for the new requirements.

For Additional Information on GHS:

http://www.osha.gov/dsg/hazcom/ghs.html#1.1

Be Safe Everyone!

_______________________

About the Author

John Gran & Cynthia Julian

John and Cynthia

John Gran (@FishSouthBay) is an entrepreneur and former marketing and product development executive who has grown his successful Fish Window Cleaning franchise in the Los Angeles – South Bay area to become a leading professional in window cleaning services for business owners and home owners.

With his popular blog A Clear View Through Clean Windows, John shares his window cleaning expertise by addressing topics and answering questions that customers continually ask him during his day.  He also uses window cleaning pictures, inspirations and stories about his business to demonstrate the fundamentals for building a strong, healthy, thriving business.

John lives & works with his wife Cynthia in Redondo Beach, CA (she runs the business too!)

If you have a question or would like window cleaning services click Here or Call 310-973-3474 for a Free, on-site written estimate.

Think Safe, Be Safe

Ladders can be dangerous.  Using proper techniques and adhering to safe practices significantly reduces the risk.

When a Normal Day Turns Horrible

Phones are vital to any business

The phone is ringing... Is it good news or bad news?

In the course of running a small business, each day has it’s ups and downs.

A customer calls to say thank you and tip your employees.  Another customer owes you money, rudely hangs up on you and refuses to pay.

One employee completes a job flawlessly and quickly.  Another one loses his equipment and forgets to complete his paperwork.

That large check finally arrives in the mail.  The rent is due and the van needs new tires.

As a business owner you get used to these normal highs and lows, learn how to manage your expectations, make it to the next day and do it all again.

On May 18th, 2009 at 12:36pm, I got the worst call anyone could ever receive…

John, there’s been an accident.

Accidents Happen, Some Can Be Avoided

Josh, On the Job, Enjoying the View

Josh, On the Job, Enjoying the View

The day started off just like any other Monday.

The cleaners arrived at 7am and began readying their equipment and picking up work orders.  I brought in donuts to celebrate our lead cleaner Josh’s 48th birthday.  We all sang to him, had some fun and talked about his birthday plans.

Josh requested a light workload and early finish because he and his wife were meeting friends and family at his favorite restaurant, Red Lobster.  Not an issue.

Today, he would be training one of our newest cleaners, Juanito, and I’d assigned to them some smaller route work and then scheduled them to finish with a larger job at a nearby hotel.  It should be an easy day, they should be done by 1:30pm and Josh will be eating lobster by 5pm.

Before becoming a window cleaner, Josh was a painter and had always worked on ladders.  Even though he’d had years of experience, we trained him on proper ladder techniques and usage when he was hired.  Also, during our weekly safety meetings we continually review proper techniques, discuss ladder usage and administer quizzes to make sure each cleaner understands the material and our commitment to working safely.

The guys leave the office at 7:30am and the normal ups and down begin.

5 hours later, I get the call.  

It’s a shaken Juanito, telling me that Josh has had an accident.

Improper Angle - This ladder does not adhere to the 1/4 rule

Improper Angle - ladder does not adhere to the 1/4 rule

Josh was using a ladder, he fell about 10 feet and severely broke his ankle.

By the time I got to the hotel, Josh had already been rushed to the hospital and I asked Juanito about the incident.  He informed me that Josh had not used the proper ladder angle and it slipped out from under him.

I was finally able to see Josh about 5pm and it was not to share a lobster dinner.   He’d been in 2 hours of surgery, was now recovering and I met his wife for the first time.

As I approached his bed Josh looks at me, begins to tear up, and says, “John, I’m so sorry.”

He’s the one in an emergency room with a broken ankle and he’s telling me he’s sorry?

He goes on, “We constantly train on safety and this morning I took a shortcut.  It’s one I’ve taken many times before.  Today I got caught.  I’m so sorry that this happened, especially on my birthday.”

I’m speechless.  

I begin to tear up too, we discuss what happened and start the healing process together.

Last November, 2.5 years after his accident, we cleaned the windows at Josh’s home.  He’s had 4 additional surgeries, walks with a cane and will never regain full ankle mobility.  Our Worker’s Compensation insurance has paid for all of his medical needs, but Josh will never work again.

It was bad. I probably would have closed our business if something worse had happened.  I try not to think about the “what ifs”.

What I do focus on: This accident was avoidable.

Safety is Everyone’s Responsibility

A spotter is required when working on a ledge

A spotter is required when working near a ledge

We constantly train on safety issues and employees are always reminded to follow the proper techniques and OSHA safety regulations.

Employees understand that anyone not adhering to OSHA safety regulations will be written up and are subject to termination.

We also instruct our employees to use common sense and listen to their inner voice: If they ever don’t feel safe performing a task, simply don’t do it.  We’ll find another way.

Josh is experienced with ladders and received proper training.  He knows our policies and he, like everyone, does not want to be injured on the job.

So, what was the real cause of his accident?

  1. Mild distraction with an eye towards the day’s end.
  2. Over confidence in personal ladder experience.
  3. A momentary lapse in judgement.
  4. All of the Above.
Phil's ladder properly uses the 1/4 Rule

Phil's ladder correctly uses the 1/4 Rule

Correct Answer: #4 – All of the Above.

a) He was looking forward to his birthday dinner and wanted to finish the job quickly.

b) Instead of going to his truck and getting a smaller section of ladder to properly lean it at the correct angle, he used an unsafe technique that he’d successfully “gotten away with” previously.

c) He climbed a ladder he knows was not properly set.

These decisions and series of events took just a couple of seconds.

With a little caution, application of his training and some common sense, Josh would have eaten his lobster dinner and would still be working for my company.

Instead, his “All of the Above” decisions caused an accident, and now he can no longer work.

It’s that simple.

Safety regulations are necessary and designed to keep you injury free.

Use them always.

At work or at home, remind everyone you know to be vigilant about safety.

Life is too precious to take unnecessary risks.

Employee Awareness About Ladder Safety

The proper angle for a ladder is as follows:

For every 4 feet of ladder, the base must be 1 foot away from the building.  This is commonly known as the 1/4 rule.

OSHA Website

OSHA Website

Here are some additional OSHA ladder safety regulations:

  • Inspect every ladder prior to every use.
  • Do not use ladders with structural defects; properly tag with “Do Not Use” and withdraw from service.
  • Carry ladders parallel to the ground.
  • Tie ladders down securely when transporting.
  • Keep ladders free of oil, grease and other hazards.
  • Do not load ladder beyond maximum intended load.
  • Use only for the purpose for which the ladder was designed (refer to manufacturer’s labeling and recommendations).
  • Barricade traffic areas in vicinity of ladder use.  Lock, barricade or guard doorways in which a ladder is placed.
  • Keep area around the top and bottom of ladder clear.
  • Never “WALK” a ladder.
  • Use only non-conductive side rails around live electrical equipment.
  • Do not use top or top step for standing/stepping.
  • Do not stand on cross bracing.
  • Always face the ladder when ascending or descending.
  • Always maintain three points of contact with the ladder (two feet/one hand or two hands/one foot should be in contact with ladder at all times).
  • Carry tools in pouches around waist; use a rope to raise or lower large items such as tool boxes or materials.
  • Do not overextend sideways.  Use the belt buckle rule: keep your belt buckle positioned between the side rails at all times, which should maintain your center of gravity between the side rails.
  • Never allow more than one worker on the ladder at a time.
  • Wear protective clothing and rubber-soled shoes.

For more detailed information on ladder safety visit the OSHA website.

Always Remember: “Think Safe” and Be Safe!  

Thanks for reading!

_______________________

About the Author

John Gran & Cynthia Julian

John Gran & Cynthia Julian

John Gran (@FishSouthBay) is an entrepreneur and former marketing and product development executive who has grown his successful Fish Window Cleaning franchise in the Los Angeles – South Bay area to become a leading professional in window cleaning services for business owners and home owners.

With his popular blog A Clear View Through Clean Windows, John shares his window cleaning expertise by addressing topics and answering questions that customers continually ask him during his day.  He also uses window cleaning pictures, inspirations and stories about his business to demonstrate the fundamentals for building a strong, healthy, thriving business.

John lives & works with his wife Cynthia in Redondo Beach, CA (she runs the business too!)

If you have a question or would like window cleaning services click Here or Call 310-973-3474 for a Free, on-site written estimate.


OSHA Record Keeping and Posting

OSHA requires businesses to record and post injuries from Feb 1st to April 30th.

Our company, Fish Window Cleaning, adheres to all OSHA regulations.

Here’s some important OSHA related information from our company’s Risk Manager, Tom Patton.

Tom works for Barrett Business Services, Inc. (BBSI), our Professional Employer Organization (PEO), and helps make sure we receive up-to-date  safety techniques and information, and he monitors us regularly to make sure we follow our safety training program and conform to all OSHA safety regulations.

Make it a SAFE Day!

John Gran – Owner
Fish Window Cleaning – Los Angeles South Bay

Remember:  Safety is everyone’s responsibility!

__

Must I keep track of workplace accidents and injuries?

OSHA Website

OSHA Website

The Occupational Safety and Health Administration requires you to keep records of work-related illnesses and injuries, unless your company employs 10 or fewer workers or you’re in a low-hazard industry (such as retail, service, finance, or real estate).

You must report significant injuries or illnesses diagnosed by a physician or other licensed health care professional, and any other work-related illnesses or injuries if they result in any of the following:

  • Death
  • Days away from work
  • Work restrictions or transfer to another job
  • Medical treatment beyond first aid
  • Loss of consciousness.

Keep in mind that the term “work-related” has been interpreted broadly, so if you’re unsure about whether an illness or injury is work-related, contact OSHA and your HR Professional for clarification.

OSHA LOGS

OSHA Record Keeping Forms 300, 300A and 301

OSHA Record Keeping Forms

OSHA supplies three forms for injury and illness recording:

  • OSHA Form 300 – Log of Work-Related Injuries and Illnesses.  This is a calendar-year record of all work-related injuries and illnesses.
  • OSHA Form 300A – Summary of Work-Related Injuries and Illnesses.   This is an annual summary of all recorded work-related injuries and illnesses. You must post a copy of this summary in a conspicuous place where notices to employees are customarily posted no later than Feb. 1 of the year following the year covered by the records and until April 30.
  • OSHA Form 301 –  Injury and Illness Incident Report.  This is an individual incident report of an employee’s injury or illness on the job.

For official instructions, click here or on the picture to the right, you’ll jump to a PDF of the official OSHA Instructions.

Proper OSHA Reporting Procedures

OSHA Forms 300, 300A, and 301 must be updated within seven calendar days of learning of a recordable incident and retained for five years after the end of the year to which they relate. If there is a change in your company’s ownership or organization, the new management must retain the records.

For certain injuries or illnesses or if an employee voluntarily requests it, you must protect employee privacy. You cannot record the employee’s name on the OSHA Form 300 for such cases and must remove the employee’s name and identifying information from the OSHA Form 301 before releasing it to third parties.

OSHA Forms 300, 300A, and 301 don’t need to be sent to OSHA unless the agency specifically requests them.

If an accident occurs in your workplace that results in one or more fatalities or inpatient hospitalization of three or more employees, however, you must report the accident to OSHA within eight hours of the fatality or hospitalization. Fatal heart attacks must also be reported to the agency.

Some states with OSHA-approved plans might require employers to keep records for the state, even though those employers are within an industry exempted by the federal rule.

__________________________________

 Fish Window Cleaning is a National Franchise with 220+ franchisees located throughout the United States.  FWC corporate headquarters are located in St. Louis, MO.

John Gran and Cynthia Julian own and operate the franchise located in the Los Angeles – South Bay, providing residential and commercial window cleaning, gutter cleaning, chandelier cleaning, pressure washing, and more.

Click Here or Call 310-973-3474 for a Free, on-site written estimate.

If you like this post, please click the button to “like” our Facebook Page and follow us!

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You’ve Been Cited by OSHA: What Now?

Here’s some more practical information from our company’s Risk Manager, Tom Patton.

Tom works for Barrett Business Services, Inc. (BBSI), our Professional Employer Organization (PEO), and helps make sure we receive up-to-date  safety techniques and information, and he monitors us regularly to make sure we follow our safety training program and conform to all OSHA safety regulations.

Make it a SAFE Day!

John Gran – Owner
Fish Window Cleaning – Los Angeles South Bay

Remember:  Safety is everyone’s responsibility!

___

You’ve Been Cited: What Now?

If you are cited for violations following an OSHA inspection, there are certain procedures that must be followed. Here’s a brief overview of key issues.

If you receive a Citation and Notification of Penalty from OSHA following an inspection:

  • You must post the citation (or a copy of it) at or near the place where each violation occurred to make employees aware of the hazards to which they may be exposed.
  • The citation must remain posted in a place where employees can see it, for 3 working days or until the violation is corrected, whichever is longer. (Saturdays, Sundays, and federal holidays are not counted as working days.)
  • You must comply with these posting requirements even if you contest the citation.
  • You also have to post the abatement certification documents (e.g., abatement certifications, abatement plans and progress reports) at or near the place where the violation occurred.
  • For moveable equipment found to be in violation and where the posting of violations would be difficult or impractical, you have the option to identify the equipment with a “Warning” tag specified in the abatement verification regulation, http://www.dir.ca.gov/title8/340_4.html
What are your Options?

Empl0yers have Options

Your Options

As an employer who has been cited, you may take either of the following courses of action:

  • If you agree to accept the citation, you must correct the condition by the date set in the citation and pay the penalty, if one is proposed.
  • If you do not agree, you have 15 working days from the date you receive the citation to contest in writing the citation, the proposed penalty, and/or the abatement date.

Informal Conference and Settlement

Before deciding to contest the citation, you may request an informal conference with the OSHA area director within the 15 working day period to discuss any issues related to the citation.

Informal Conference and Settlement

Informal Conference and Settlement

Employee representative(s) have the right to participate in any informal conference or negotiations between the regional administrator or area director and the employer. OSHA will, therefore, inform them of an informal conference or contest.

If you request an informal conference, you can use this opportunity to do any of the following:

  • Obtain a better explanation of the violations cited
  • Obtain a more complete understanding of the specific standards that apply
  • Negotiate and enter into an informal settlement agreement
  • Discuss ways to correct violations
  • Discuss issues concerning proposed penalties
  • Discuss proposed abatement dates
  • Resolve disputed citations and penalties, thereby eliminating the need for the more formal procedures associated with litigation before the Occupational Safety and Health Review Commission
  • Obtain answers to any other questions you may have
You can Contest within 15 Days

Contest a violation within 15 days

Compliance Problems

OSHA encourages you to take advantage of the opportunity to have an informal conference if you foresee any difficulties in complying with any part of the citation. Please note, however, that an informal conference must be held within the 15-working-day Notice of Intent to Contest period and will neither extend the 15-working-day contest period nor take the place of the filing of a written notice if you desire to contest.

If you agree that the cited violations exist, but you have a valid reason for wishing to extend the abatement date(s), you may discuss this with the area director in an informal conference. He or she may issue an amended citation that changes the abatement date prior to the expiration of the 15- working-day period without your filing a Notice of Intent to Contest.

When the Citation Becomes Final

If you do not contest within 15 working days, your citation will become a final order not subject to review by any court or agency. After this occurs, the OSHA area director may continue to provide you with information and assistance on how to abate the hazards cited in your citation, but may not amend or change any citation or penalty, which has become a final order. The area director may only advise you on abatement methods or extend the time you need to abate the violation.

__________________________________

 Fish Window Cleaning is a National Franchise with 220+ franchisees located throughout the United States.  FWC corporate headquarters are located in St. Louis, MO.

John Gran and Cynthia Julian own and operate the franchise located in the Los Angeles – South Bay, providing residential and commercial window cleaning, gutter cleaning, chandelier cleaning, pressure washing, and more.

Click Here or Call 310-973-3474 for a Free, on-site written estimate.

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