Cal/Osha Inspections

  • Introduction to Cal/Osha Inspections

    • Importance of understanding inspection likelihood and criminal ramifications.

    • Overview of processes from opening to closing conference in inspections.

  • Likelihood of Inspection

    • Reporting a serious injury or fatality triggers immediate inspection by Kalosha.

    • Hierarchy of Kalosha inspections includes:

      • First Priority:

      • Fatal injury or death

      • Complaints about imminent hazards

      • Media attention related to allegations

      • Complaints from prosecutors

      • Second Priority:

      • Accidents involving serious injuries

      • Formal complaints of serious issues

      • Third Priority:

      • Non-formal serious complaints may not trigger inspection.

  • Severe Violator Enforcement Program (SVEP)

    • Launched to focus on employers with repeat or willful violations.

    • Criteria for SVEP classification:

      • Willful citation, repeat violations, or failure to abate combined with serious accidents.

    • Consequences include follow-up inspections within one to two years.

  • Criminal Ramifications

    • Awareness of potential criminal charges related to violations:

      • Managers and supervisors face penalties for knowing or negligent violations.

      • Could lead to imprisonment and fines.

    • Specific California statutes outline penalties for failure to report or comply with safety standards.

  • Inspection Process Overview

    • Inspections typically start after a report of serious injury.

    • Importance of conducting a walk-through of the facility before inspection to identify obvious hazards.

    • Prepare documentation for the inspector, including necessary logs and records.

  • What to Expect During an Inspection

    • Directors must accommodate the inspector but can limit scope based on the reason for inspection (e.g., complaint).

    • Employers have the right to request a delay if necessary.

    • Importance of having someone knowledgeable about safety protocols present during the inspection.

    • Inspectors must show credentials and can only inspect during working hours.

  • Opening Conference Guidelines

    • Manage the opening conference by setting clear expectations.

    • Avoid volunteering unnecessary information that could be implicating.

    • Discuss the specifics of the complaint without revealing employee identities to prevent retaliation claims.

    • Prepare OSHA logs and maintain professional courtesy with inspectors.

  • Handling Document Requests and Walk-throughs

    • Don't immediately provide extensive documents unless requested; think strategically about your responses.

    • Walk-through should focus on the area of concern without broader scope unless justified.

    • Encourage inspections to not involve employee interviews during working hours, if possible.

  • Post-Inspection Considerations

    • Expect follow-up communications from Kalosha and be prepared to address findings.

    • Likely outcomes include potential citations after inspection.

    • Ensure to involve legal counsel if any serious violations or injuries occurred.

    • Importance of documenting compliance and corrective actions post-inspection.

  • Final Thoughts

    • Continuous improvement of safety practices should be prioritized after an inspection.

    • Maintain open communication and cooperation during inspections while protecting the organization’s rights.