Special points of interest:

New OSHA Penalty

Structure (Page 3)

Did you know? (back

page)

Rights and Responsibilities

2

OSHA Inspection Process Continued

3

OSHA Pumps Up Penalties

3

SHARP 4 SHARP 5

Rights and Responsibilities Continued

5

Safe Partner 6

Staff Directory 7

Did You Know 7

SCATS QUARTERLY

S a f e t y C o n s u l t a t i o n a n d T r a i n i n g S e c t i o n

October—December 2016

Inside this issue:

To receive the e-mail

notifications for the Safety Tip of the Month, SCATS Quarterly

Newsletter, Quarterly Training Schedule, and other mailings,

go to our website at www.4safenv.state.nv.us

or send your name and e-mail

address to : pherrera@business.nv.gov

Volume 11, Issue 4

Employers are always asking why OSHA is doing an inspection at their place of business. Let’s first talk about why OSHA would come out to a business and what to expect from the inspection they are there to conduct. An inspection can be predicated for several different reasons:

A complaint A referral An accident A fatality Programed

planned inspection

One of the first things the Compliance Safety and Health Officer (CSHO) will do when given the task to conduct an inspection at a facility is look up the history of the employer. They are looking to see if they have had an OSHA inspection in the past, and if so, were they

OSHA Inspection Process

Submitted by Luke Hendrickson

cited and if so, for what. When the CSHO arrives at a facility and presents credentials as an OSHA Compliance Safety and Health Officer the company should direct or escort the Compliance Officer to an appropriate

waiting area. The Compliance Officer should be treated professionally at all times. The Compliance officer should also treat the employer’s representatives in a professional and courteous manner. The opening conference would normally be held with the employer and their management team and safety personnel. Generally,

Continued on page 3

the Compliance Officer will explain the purpose of the visit and the employer’s rights and responsibilities during the inspection. Additionally, the CSHO will outline the scope of the inspection including the extent of the physical inspection of the facility, the records to be reviewed, and whether management and employee interviews will be conducted. If the proposed inspection is in response to a specific complaint or referral the company may ask for a copy of said complaints. Upon request the Compliance Officer should provide redacted copies of complaints; however, they can decline requests for referrals. During the course of the inspection the Compliance Officer

Rights and Responsibilities Requirements

Submitted by Maria Lyons

Page 2

Conflicts in some workplaces are common because of the lack of clear guidelines on rights and duties of all groups. Employees and employers have rights as well as responsibilities that everyone must understand and respect. Without clear guidelines on rights and duties employees would have to deal with mistreatment from their employers and work would also slowdown if people didn’t know their duties at work. Employers have legal responsibilities to ensure a safe and healthy workplace, must comply with all Nevada Safety & Health Standards and Regulations. Also, employers with more than 11 employees must establish a written safety program and a safety committee is required if the company has more than 25 employees, or is engaged in the manufacture of explosives. Employers are responsible for providing information, training and supervision so workers can safely perform their work activities and must select someone to administer and enforce their safety Programs in their workplace. Workers compensation Insurance must be acquired and maintained by employers, and accurate

records of accident, injury and safety reports have to be kept filed. Also, a Nevada Safety & Health Poster must be posted in a conspicuous place on the jobsite. According to the Occupational Safety & Health Administration Standards, the workplace environment must be safe enough for the employee to work in. Employers that fail to follow the safety guidelines risk fines or having their business shut down. Additional employer responsibilities are performing test such as air sampling and noise monitoring; prevent employee exposure to chemicals, lead, asbestos, an sharps; provide hearing exams, fall protection, machine guarding, cave-in and confined space safety equipment and protection, etc., as required by NVOSHA and OSHA standards. Even though the employers have control over their employees, they can’t do whatever they like. As an employee you have rights and responsibilities for your own wellbeing and that of your colleagues. Your rights as an employee to work in a safe and healthy environment are given to you by law and generally can’t be changed or removed

by your employer. This article explains what these responsibilities are, and how they can meet them. As an Employee, you have the right to tell your employer about any health and safety concerns you have; to be provided with some types of personal protective and safety equipment free of charge; to have any risks to your health and safety properly controlled; not to be disciplined for bringing up reasonable safety Issues or filing a complaint with OSHA, if your employer won’t listen to your concerns. If you feel you have been discriminated against, you have 30 days from the date of the punishment to file a complaint with Nevada OSHA. You also have the right to talk privately to a NVOSHA inspector during an Inspection about hazards, worker complaints or abnormal working conditions. It is also your responsibility to take reasonable care of your own health and safety; to co-operate with your employer, making sure you get proper training and follow the company’s safety policies; to report any on-the-job injuries to your supervisor using the C-1 Form (“The notice of injury

Continued on page 5

Page 3

OSHA Inspection Process Continued from page 1

may conduct private interviews with as many employees as deemed necessary. The company representative should make available a place for the Compliance Officer to conduct the interviews. If management employees are to be interviewed the company has a right to have a company representative present during such interviews. In the event that violations of an OSHA standard or other such deficiencies are pointed out and addressed by the Compliance Officer, the company representatives should take immediate action to correct the hazards / violations

In all federal OSHA states and some state plan OSHA states new penalties took effect on August 2, 2106 and will apply to any citations issued after that date for violations that occurred after November 2, 2015. Currently Nevada has not adopted these new maximum penalties because the Nevada Revised Statutes (NRS) 618.635-710 has already set maximum penalty amounts. Nevada will be required to adjust their penalty structure and will have to bring this to the next State Legislative Session. SCATS will keep you updated as we receive information Type of Violation Current Maximum Penalty New Maximum Penalty Serious $7,000 per violation $12,471 per violation Other-Than-Serious Posting Requirements Failure to Abate $7,000 per day beyond $12,471 per day beyond the the abatement date abatement date Willful or Repeated $70,000 per violation $124,709 per violation

The Compliance Officer will write up a report that consists of a narrative of the inspection and the recommended citations for the employer. The first line Supervisor will approve what standards were cited to make sure the most vertical standard was used and that the Compliance Officer was able to obtain the information needed to prove a case. The four standard elements needed to prove a case are; a standard exists, a standard applies, there was employee exposure and there was employer knowledge. The District Manager will then approve and issue the recommended citations to the employer.

OSHA Pumps up Penalties

Submitted by Bob Harris

if immediate correction can be easily accomplished and where such action is appropriate. After the inspection is concluded, the Compliance Officer will hold a closing conference with the company. Any safety or health violations that have been observed will be reviewed. The employer’s right to contest and the contesting process will be discussed. The Compliance Officer will also provide the employer with a written copy of their rights and responsibilities following an OSHA inspection.

SHARP Recognition Page

Page 4

The following companies have achieved success in their efforts to become members in the Safety & Health Achievement Recognition

Program (SHARP). The hard work, diligence, and commitment required to achieve SHARP status are not common and not easily

maintained. To truly achieve this level you must have programs in place that will survive and thrive in the absents of their creators.

The safety culture necessary to sustain these programs must be fed from the top but grown and nurtured in the rank and file where the

real work gets done.

Your Partner for a Safer Nevada

Komatsu Equipment Company North Las Vegas

The Orleans Hotel and Casino SHARP Renewal

RHP Mechanical

Your Partner for a Safer Nevada

Continued from page 2

Canvas Pop Las Vegas

Page 5

Eldorado Casino Henderson

SHARP Recognition Page

or Occupational Disease”) immediately. Filing a false claim would result in the loss of your benefits and could cost you fines and/or jail time. Whether your needs are safety related or

about occupational health issues, if you

Rights and Responsibilities Requirements

Cashman Equipment Winnemucca and Elko

require more focused information, SCATS

(Safety Consultation and Training Section)

can provide technical assistance by phone

(877)472-3368 during normal business

hours, or visit www.4safenv.state.nv.us.

SAFETY CONSULTATION AND TRAINING SECTION

Southern Nevada 1301 N. Green Valley Parkway Suite 200 Henderson, Nevada 89074 702-486-9140Fax: 702-990-0362 Northern/Central Nevada 4600 Kietzke Lane Suite E-144 Reno, Nevada 89502 775-688-3730 Fax: 775-688-1478 Northeastern Nevada 350 West Silver Street, Suite 210 Elko, Nevada 89801 775-778-3312 Fax: 775-778-3412

Nature’s Bakery Carson City

High Scaler Café Hoover Dam

Safe Partner Awards

Page 6

Let Us Help You Safety Consultation and Training Section is committed to assisting Nevada employers in their

efforts to improve workplace safety and health. This no cost program is designed for Nevada’s

small employers who see the added value of safety and health activities in reducing their accident

costs or who want to be in compliance with the OSHA regulations. One of the most beneficial services to companies is our comprehensive consultation surveys. Upon

your company’s request and agreement to correct serious hazards, consultation safety and/or

health consultants will survey your operations and help identify hazards, non-compliance issues,

and program deficiencies to the Nevada OSHA requirements. If a comprehensive survey is not

what is needed, our safety consultants and industrial hygienists can provide a survey that will assist

in a specific area of concern. Other services to supplement your safety and health awareness and recognition training include: a

video lending library, specific technical assistance, and various safety and health related training

classes (which can also be conducted at your facilities). Simply call SCATS! You can contact

SCATS by calling the local numbers listed or call the toll-free number at 1-877-4SAFENV or 1-877-472-3368.

Supervisors: Bob Harris Las Vegas Office Andy Giddings, CSP Reno Office Safety Consultants: Las Vegas Office Ardyce Brundage, CSP, CSHM Janis Pappa, CSHM Michelle Vieira Sarah Ball, CSP Kym Heckman Kirtikumar Shah Shane Buchanan Reno Office Dave Murray Jana Morales Luke Hendrickson Industrial Hygienists: Las Vegas Office Antonio Samson, CIH Reno Office Jake Huber, MBA John Lindgren, CSP

Chief Administrative Officer: Todd R. Schultz, CSP, CSHM,CPM Las Vegas Office

Program Coordinator: Stephen Rodgers Las Vegas Office Administrative Assistants: Las Vegas Office Lucero Camorlinga Paty Herrera Susana McGee Reno Office Carl Coling Misty Peterson

Supervisor: Kelly Baetz Las Vegas Office Trainers: Las Vegas Office Pamela Martin Maria Lyons Virginia Wicklund Reno Office Alberto Garcia Andrew Conner Consultant/Trainer: Elko Office Richard Bochman

SCATS Staff Directory ADMINISTRATION CONSULTATION TRAINING

How To Contact Our Other Division of Industrial Relations

(DIR) Sections!

Workers’ Compensation Section (WCS)

HENDERSON Phone: (702) 486-9080 CARSON CITY Phone: (775) 684-7270 http://dirweb.state.nv.us/WCS/wcs.htm WCShelp@dbi.state.nv.us

NV OSHA Enforcement Section

HENDERSON Phone: (702) 486-9020 RENO Phone: (775) 688-3700 http://dirweb.state.nv.us/OSHA/oshes.htm

Mine Safety and Training Section (MSAT)

HENDERSON Phone: (702) 486-9131 CARSON CITY Phone: (775) 684-7085 http://dirweb.state.nv.us/MSTS/msts.htm MAIN OFFICE LOCATIONS FOR ABOVE SECTIONS HENDERSON: 1301 N Green Valley Pkwy, Suite 200 Henderson, Nevada 89074 CARSON CITY: 400 West King Street Carson City, Nevada 89703 RENO: 4600 Kietzke Lane Reno, Nevada 89502

Please visit our website at:

www.4safenv.state.nv.us

Your Partner for a Safer Nevada

.

Page 7

Did You Know?

There is a requirement

that supervisors on a

construction site have a

30 hour construction

card, there is no

requirement for a

supervisor to be on site

at all times