The OSHA Legal Update at the Employment Toolkit Seminar

I recently gave the OSHA Legal Update at the Employment Toolkit Seminar sponsored by Snell. It was a fantastic turnout and, as always, it was great to engage with the audience over breakfast.  We covered a lot of topics, but I thought I would post on a few of the highlights here.

One important thing to keep in mind is when businesses think about OSHA, they oftentimes assume it must be construction-related. That is certainly not the case. Safety and health requirements are imposed on nearly EVERY business and there are detailed statutes and regulations that companies must understand to comply with the law.

So, to start the morning, we chatted for a while about recordkeeping. (I can hear the collective yawn over the internet, but there are actually some interesting points, so read on!)  First and foremost:

All employers covered by the OSH Act must orally report to OSHA the death of any employee from a work-related incident or the in-patient hospitalization of three or more employees as a result of a work-related incident within eight (8) hours.

Then, there’s the Forms 300, 300A and 301 for work-related injuries and illnesses. Employers with more than ten employees who are not one of the partially-exempt industries are required to complete these.  One point that is always worth raising is that the company executive who certifies the 300A form must be either: (1) an owner of the company (only if a sole proprietorship or partnership); (2) an officer of the corporation; (3) the highest ranking company official working at the establishment; or (4) the immediate supervisor of the highest ranking company official working at the establishment.  The 300A form with the data from the previous year has to be posted at the establishment from February 1 to April 30th.

Here are some fun facts that we discussed for those in Arizona.  In FY2013, there were 1,164 inspections, which was a 9.7% increase from FY12.  655 were construction inspections. ADOSH conducted 66 discrimination/retaliation investigations in FY 2013.

**The fun thing about these facts are that I am pretty sure they are right, but I didn’t count these things myself, so I can’t guarantee just about anything.

AND I introduced my brand new Top 10 Ways to Protect the Company During an OSHA Inspection business card.  You can read the Top 10 List here, or if you would rather just have your own Top 10 List on a handy business card, send me an email and I will send some your way.

And, since it’s Arizona and it is already getting hot outside, we talked about heat stress. Here are some points every company should keep in mind:

  • At least one pint of water is needed per hour.
  • Frequent rest periods should be taken in shaded areas.
  • Employees (including all temp employees) need training regarding signs and symptoms of heat stroke.
  • Supervisors need to frequently check employees.
  • Protective clothing that provides cooling should be worn.
I am always looking or excuses to include amazing Arizona photographs. Here is one by the talented Rolf Maeder. You can check out more of his work at http://RolfMaederPhotography.com

I am always looking for excuses to include amazing Arizona photographs on my blog.  All it took was my reference to Arizona to decide that I needed to post yet another one!  Here is a phenomenal picture by the talented Rolf Maeder. You can check out more of his work at http://RolfMaederPhotography.com

 

About Ashley Kasarjian

Attorney at Snell and Wilmer in Phoenix, Arizona, and publisher of the blog, Employment and the Law.
This entry was posted in Arizona, OSHA and tagged , , . Bookmark the permalink.

One Response to The OSHA Legal Update at the Employment Toolkit Seminar

  1. I really enjoyed the article. Much thanks again. Fantastic.

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