Resource Centers:(News, information, and tools to support your practice)
August 2010
| Article Tools
|
|
 |
|
 |
|
|
|
In the line of duty
By Joe Tavenner, CSP, CFPS
Are you concerned about the Occupational Safety & Health Administration (OSHA) knocking on your door?
While the probability has historical been low for chiropractic practices, it just might be increasing and worth a small time investment to make sure you are in compliance.
Looking at the results of all inspections completed for chiropractic practices (SIC code 8041) from June 18, 2005, to June 18, 2010, the average inspection resulted in an initial penalty of $1,028 (when a penalty was assessed). Based on upcoming rulemaking and recent changes, the probability of you having an inspection is increasing.
Recent changes
Increased focus on enforcement. The 2011 budget includes a $14 million proposed increase for OSHA escalating the number of compliance inspectors by an additional 25, while shifting 35 more currently doing other activities. This is on top of the already 100 new OSHA inspectors added with the 2010 budget. More compliance inspectors mean you should expect additional enforcement activities.
Increased penalties. According to a news release from the U.S. Department of Labor on April 22, 2010, penalties are increasing:
• The current maximum penalty for a serious violation is $7,000 and is increasing to a maximum of $12,000.
• The current maximum penalty for a willful violation is $70,000 and is increasing to a maximum of $250,000.
• The average serious violation will increase from about $1,000 to an average of $3,000 to $4,000.
As outlined above, the average inspection resulted in an initial penalty of $1,028 (when a penalty was assessed). Expect this number to increase.
Severe Violators Enforcement Program (SVEP). This is a new program that targets enforcement activities to employers who don’t follow the OSHA requirements. While this could affect you, it most likely will not.
The criteria to be placed on the SVEP list includes:
• Fatality/catastrophe: A fatality or hospitalization of three or more employees.
• High-emphasis hazards: Examples are, but not limited to, fall hazards, amputation hazards, combustible dust hazards, and lead exposure risks.
• Process safety management: Businesses that fall under this requirement due to high-hazard chemical processes.
• Egregious cases: Cases where OSHA issues citations under the “Egregious Case” policy.
Learn from others’ mistakes
When looking at all the inspection data for chiropractic practices (SIC code 8041) from June 18, 2005, to June 18, 2010, the following areas of opportunity were identified:
OSHA complaints. The data shows a total of 33 inspections completed with 29, or 88 percent, being initiated from employee complaints. OSHA has made it very easy for employees to report a complaint of unsafe conditions via the phone, online, or hard copy letter.
Most of these types of complaints are handled over the phone/fax and can be abated with little effort if they are responded to in a timely manner. If you don’t respond, expect OSHA to conduct an onsite inspection at some point.
According to the OSHA website,
Commonly cited standards. The following standards were cited the most:
• Hazardous communications: Specific parts of the hazardous communication standard were cited 13 times for an average penalty of $117.00. A low penalty amount, but repeat violations, can increase penalties over time, so take action now not later.
At a minimum, you should make sure you have a complaint program that includes labeling of secondary containers, material safety data sheets (MSDS) for chemicals onsite, and a training program that includes all employees. For all hazardous communications requirements, see 29CFR 1910.1200.
• Bloodborne pathogens (BBP): Specific parts of the bloodborne pathogens standard were cited 12 times for an average penalty of $335. For this standard to apply, you must first determine if you reasonably anticipate an exposure to blood or other potentially infectious material. (For the purpose of this article, it is assumed you do since it has been cited several times in the past.)
Once you have identified a potential exposure, you must develop a program that includes, but is not limited to, an exposure control plan, methods of compliance, work practice controls, regulated waste containment and removal, hepatitis B vaccination availability, and post-exposure evaluations and training. For all bloodborne pathogens requirements, see 29CFR 1910.1030.
Other OSHA standards. Below is a list of several other OSHA standards cited.
• Specific parts of the Ionizing radiation standard 29 CFR 1910.1096 were cited once for a total initial penalty of $1,500.
• Specific parts of the Personal Protective Equipment (PPE) 29 CFR 1910.133 were cited four times for an average initial penalty of $131.25.
• Specific parts of the recordkeeping requirements 29 CFR 1904 were cited two times for an average initial penalty of $437.50.
While other standards were cited, the above outline and the largest general areas provide a good place to concentrate your efforts. However, it is not meant to be a complete list to drive OSHA compliance.
What do I do now
Of the 33 inspections in the data set, 11, or 33 percent, had a citation with penalties to at least one standard. Eight of the 11, or 72 percent, paid the entire initial penalty assessed. That could be for many reasons, but would lead you to believe that the abatement and or penalties were not contested.
When issued a safety order, you have 15 working days to contest and request an informal conference. In addition, you should complete any abatement request as soon as possible to establish good faith, which can reduce your fines by as much as 15 percent. Only three of the 11, or 27 percent, had penalties reduced with an average reduction of 35 percent.
A better understanding
Historically, chiropractic practices have had little to worry about when it comes to inspection risk from OSHA. That does not mean you don’t have a regulatory obligation to provide a safe and healthful workplace.
Understanding the requirements, what OSHA inspectors might be looking for, and how to comply are important components to your compliance strategy. While this article is not meant to be a comprehensive compliance manual, it does provide some of the critical information you may need to know if OSHA comes knocking on your door.
Joe Tavenner, CSP, CFPS, has more than 14 years of experience, a bachelor’s and master’s degree in Occupational Safety Management, and an MBA in management. He can be reached at josephtavenner@yahoo.com.
Bookmark this page
Comments