Michael Rubin’s Post

You might be doing EVERYTHING right from a safety perspective. Then, how come we start asking questions you've never been asked before when we get retained to assist you with an OSHA Citation?! It's simple - because litigating an OSHA Citation can involve all of the following concepts - none of which are studied when studying for a CSP (I know, I studied!): 1. whether an employee is a supervisor or not, pursuant to certain factors set forth in case law 2. the number of times you have disciplined your employees 3. what work was performed more than six months prior to the date of the Citation 4. whether a supervisor observed any hazard or (alleged) violative condition 5. when the supervisor was last on site before the alleged violation was observed by the OSHA inspector 6. whether the conduct of your employee was prohibited by an existing company work rule 7. whether, in theory, doing it the "right" way (that is, the OSHA way) is, arguably, more dangerous than some other way 8. whether, and to what extent, you (1) vetted your subcontractor and (2) determined if your subcontractor enforced a progressive disciplinary program (for this one, read the OSHA multi-employer citation policy, in the section regarding "controlling employers" and you will see reference to this; this borders on being obscure but it is actually VERY important!) 9. whether non-compliant equipment was actually used (OSHA story: we had an OSHA case years ago in which a machine had not been used for 2 years, but the company was cited because there was no machine guard on it - predictably, we argued there is no employee exposure and, quickly, OSHA withdrew the violation) 10. Who was doing what, who knew what, how long it had been going on, why it was going on, and who was responsible for what was going on! Bonus: 11. Do you know what a competent person is, and did you have one? In response, we prefer not to hear, competent what? #OSHA #safety

Absolutely, being in the clear isn't just about avoiding immediate responsibility; it's about ensuring you're protected down the line. Subcontracting doesn't absolve you if the terms aren't crystal clear. The subcontract is your lifeline; it's what dictates who's responsible for what. Nail down responsibilities, review every document, and if needed, ensure subcontractors are experts in their field. Don't wait for an issue to arise; protect yourself preemptively. Remember, what's written down matters, especially when OSHA comes knocking. Contracts aren't just paperwork; they're your shield against potential hazards. Stay safe, stay informed. #OSHA #SafetyFirst #ContractsMatter

"Kind of sort of" and "just because" are not legal standards in OSHA matters! There are ELEMENTS that must be proven by EVIDENCE. And, each ELEMENT needs to be addressed, with the evidence. Guess what, no evidence for any ONE element, no violation! This might seem basic, and it is basic. (And, maybe, just maybe, you've heard me say this before). But, it's only Wednesday, and the week has ALREADY been chalk full of matters in which OSHA's theories have been, let’s just say, not entirely legal, but instead, they’re just saying it! Case in point: 1. Since you were on site, you automatically had constructive knowledge of the violative conditions. Think about that - this is NOT a legal standard! 2. You were the GC, so you are a "controlling employer," so you are responsible for the same violations as your subcontractor. Folks, there is MUCH more to it than that. It is not that simple. 3. Even though it is indisputable that the hazard was a latent hazard, the employer was somehow responsible for failing to address the concerns (that it never had) with the higher tier contractor (- how can an employer address concerns it doesn't have?) 4. In a General Duty Clause case, the list of the feasible means of abatement were all performed, and in place, before OSHA ever showed up 5. And, the staffing company is responsible for anything that goes wrong on site. (Yes, the sentence ends there.) TAKEAWAY: OSHA matters have to be looked at a certain way, and OSHA, itself, won't tell you how. You have to know how yourself - and remind OSHA! #OSHA #safety #TGIW

🚨 OSHA Filing: Are You Prepared? 🚨 For all the business owners and managers out there, let's talk about a crucial topic: OSHA Filing. It's not the most exciting subject, but it's essential for protecting your employees and ensuring your business operates within legal boundaries. Here's the lowdown on OSHA filing: What is it? OSHA stands for the Occupational Safety and Health Administration. They're responsible for setting and enforcing safety standards in workplaces across the United States. As an employer, you have a legal obligation to comply with these standards and maintain a safe working environment. What does it involve? OSHA filing involves submitting various forms and reports depending on your industry and the size of your company. This can include: ✅Injury and illness records: Reporting workplace injuries and illnesses is mandatory for most employers. ✅Form 300A: This annual summary of work-related injuries and illnesses needs to be posted in a visible location for employees. ✅Incident reports: Filing a report with OSHA is necessary for specific events like fatalities, hospitalizations, or amputations. ✅ Other industry-specific forms: Depending on your industry, there might be additional forms you need to submit. Why is it important? Compliance with OSHA regulations is crucial for several reasons: ✅Employee safety: The ultimate goal is to protect your employees from hazards and ensure their well-being. ✅Legal compliance: Failing to comply with OSHA regulations can lead to hefty fines and penalties. ✅Reduced insurance premiums: Many insurance companies offer discounts for businesses with good safety records. ✅Building a positive reputation: Demonstrating a commitment to safety can enhance your company's image and attract top talent. Need help navigating the complexities of OSHA filing? Don't worry, you're not alone! Numerous resources are available to guide you through the process: 💻OSHA website: The OSHA website provides a wealth of information on regulations, forms, and compliance assistance. 🥼Safety consultants: Safety professionals can help you develop and implement a comprehensive safety program and ensure proper OSHA filing. Remember, your employees' safety and your business's legal compliance depend on proper OSHA filing. Take the time to understand your obligations and seek the necessary assistance to ensure everything is in order. Share your thoughts and experiences with OSHA filing in the comments below! 💬 #OSHA #Compliance #WorkplaceSafety #EmployeeWellbeing #BusinessSuccess

OSHA showed up but it's not your scope of work so you're good, right? Not, exactly. You MIGHT have subcontracted the scope of work, but what does the subcontract say? Also, do you have one!? Question: what's the first thing that happens when something goes wrong? The first thing - or one of the first things - is finger pointing. "It's not my fault." "It's not our fault." "We had no idea." So and so never told us. So and so was responsible for that, not us! When an issue could go either way (for or against a company), the usual outcome is NOT to say, let's be nice and just accept all of the fault. After all, it's the right thing to do. In view of the realties of the above, more particularly multi-employer worksites, you MUST protect yourself. You must know what you are saying in writing to others (and, perhaps, one day, OSHA). You can do this with the following: 1. clear delineation of responsibilities in contract documents 2. review (not just sign) all contract documents 3. have an understanding of the hazards, or, if the subcontracted work is truly beyond your expertise, somehow document that the other contractor is being retained as a subject matter expert (there probably is contract language out there to this effect) When something goes wrong, the level of scrutiny of contract documents, and other related communications, is magnified 100 times. One particular statement buried in a contract could gift OSHA or another contractor with a theory to use against YOU. I can tell you, we see this time and time again. It happens all.the.time. What actually happens in the field and what a contract says may be two TOTALLY different things. What OSHA expects on jobsites and what actually happens in REALITY, may be two totally different things. At a minimum, your contract should accurately reflect the risk you are meaning to take, never more. Don't let your contract be a worksite hazard! Abate it today! #OSHA #safety #ContactsMatter (a lot)

This is a fantastic breakdown of why overpreparing for an informal OSHA conference is critical. It’s true that while OSHA may hold the authority, they don’t always have a comprehensive understanding of the facts, your business, or the legal context. The advice here drives home the importance of preparation to level the playing field and ensure your case is presented effectively. 👉 Your focus on knowing the legal elements OSHA must prove and identifying potential weaknesses in their case is brilliant. It empowers businesses to not only defend themselves but also confidently challenge OSHA’s position, inviting a more productive dialogue. 👉 The emphasis on preparation to align with your specific business priorities is exceptional. Rather than relying on general requests, your approach to crafting a clear strategy ensures that businesses walk into the conference with a purpose and a higher chance of success. 👉 The advice to stay consistent with your defenses and narrative throughout the process is spot-on. This reinforces a clear, professional position and minimizes any risk of confusion or misrepresentation during negotiations with OSHA. #Thankyou #Insightful #ConferencePocketGuide

5 reasons you CANNOT overprepare for an informal conference with OSHA 1. Sometimes, OSHA doesn't know the case well, because the inspector (the one who actually conducted the inspection) is not the one doing the informal conference 2. Sometimes, OSHA doesn't know the facts, because the inspection was incomplete 3. Sometimes, OSHA doesn't know the controlling case law 4. Sometimes, OSHA doesn't know your business nearly as well as you do 5. Sometimes, OSHA doesn't know what is most important to you This is all fact! As a result, YOU need to know it all. That involves: 1. Knowing exactly what happened during the inspection 2. Knowing/discovering any additional material facts - or, even better, identifying the evidence that doesn't exist (remember: OSHA has the burden of proof!) 3. Knowing the legal elements that OSHA must prove and why OSHA may have problems proving certain elements (we feel very comfortable telling OSHA we think it can't prove something; it shows we believe our position and, furthermore, it invites OSHA to tell us WHY we are wrong - it's one thing to say you disagree OSHA, but tell us why!) 4. Knowing what industry insiders know, and what OSHA might not appreciate 5. Knowing exactly what outcome you want; showing up and seeing what happens (or even better, asking for a reduction - anyone can get this with almost no preparation) is not a strategy. And no matter what: you must (not should, yes, you really "must") know your defenses, your narrative, your take, your whatever you want to call it EARLY. And then, throughout the entire life of the matter, your defenses should remain in place. It's not always easy knowing what your arguments are, but once you do, stay on point. Takeaways: - If you have an informal conference with OSHA, not everything will be under your control. But, how hard you prepare is! - You are the only one who can advocate on your own behalf (or, of course, we will gladly do that; it's an honor), so do it! #OSHA #safety

🟢OSHA Cites Artco-Bell Corporation for Serious Safety Violations🟡 On October 10, 2024, OSHA issued a Citation and Notification of Penalty to Artco-Bell Corporation after identifying multiple serious violations following an inspection conducted from May 21 to August 26, 2024. Key areas of concern included: • Machine Guarding: Lack of adequate machine guarding in several areas, exposing employees to hazards like point-of-operation and rotating parts. • Electrical Hazards: Insufficient working space and unmounted electrical devices, posing significant risks. • Chemical and Silica Exposure: Inadequate control over powder coating processes and crystalline silica exposure, along with the absence of necessary medical examinations. OSHA has proposed penalties totaling $232,295 for inspection number 1745840 and $24,888 for inspection number 1750063, with abatement actions required by November 6, 2024. Here’s a link to the citation for your review: https://lnkd.in/gzYC4suN We at Z-TEX Safety suggest our readers analyze these reports to strengthen organizational safety discipline and cultivate a robust safety culture. This is our goal when sharing these unfortunate news reports. Follow us to receive news reports you may be able to share with your teams in an effort to spread relatable safety awareness. #Workplacesafety #OSHA #Safety #SafetyFirst #ASSP #NSC #SafetyManager #OHS #EHS #BeSafe #SafetyTraining #HealthandSafety #EmployeeSafety #SafetyProfessionals #Manufacturer #ISO45001 #GeneralIndustry #ManufacturingSafety #Management

🏗️ OSHA's New Walkaround Rule: Navigating the Complexities of Jobsite Inspections 🔍 OSHA's recent change to its walkaround rule has ignited a crucial conversation about safety, liability, and worker representation in our industry. As we navigate this new landscape, it's essential to understand the implications and prepare our organizations accordingly. Key Points of the New Rule: ✅ Employees can select third-party representatives for OSHA inspections. ✅ These representatives don't need to be union-affiliated. ✅ The rule aims to improve inspection quality and worker representation. Potential Benefits: ✳ Enhanced communication during inspections. ✳ Increased worker comfort and participation. ✳ Potential for uncovering overlooked safety issues. Challenges to Address: ✔ Liability concerns for third-party injuries. ✔ Protection of proprietary information. ✔ Ensuring third-party safety knowledge and training. We can view this rule as a double-edged sword. On one hand, diverse perspectives can significantly enhance safety outcomes. A well-chosen third party could bridge such gaps effectively. However, the vagueness of the rule poses real challenges. Even well-intentioned visitors can inadvertently create hazards if they're unfamiliar with site-specific safety procedures. Strategic Considerations: ✴ Develop a clear protocol for handling third-party representatives ✴ Create a brief but comprehensive safety orientation for all inspection participants ✴ Consider implementing confidentiality agreements for sensitive areas ✴ Document all interactions and decisions during these inspections meticulously Critical Questions for the Industry: ❓ How can we balance increased representation with site safety and liability concerns? ❓ What training or qualifications should we require from third-party representatives? ❓ How might this rule impact project timelines and costs? As we adapt to this new regulation, industry leaders must collaborate to develop best practices that enhance safety while protecting their workers and businesses. #OSHARegulations #ConstructionSafety #WorkplaceSafety #IndustryCompliance

📅 OSHA 300A & ITA Reporting Deadlines Are Approaching – Don't be Stressed! 🚨 The deadline for OSHA 300A & ITA reporting is fast approaching – are you prepared? It's crucial that businesses ensure their injury and illness data is accurately compiled and posted to avoid costly fines. ⚠️ Is your company ready for compliance? ✔️ Need help preparing the OSHA 300A Form? ✔️ Want to ensure your injury/illness records are accurate? ✔️ Struggling with submitting the OSHA 300A & ITA (Injury Tracking Application)? Safety First Management is your trusted partner in navigating OSHA compliance, ensuring your business avoids penalties and stays ahead of reporting deadlines. 🔑 Why choose us? Expert OSHA compliance support Comprehensive safety audits Streamlined reporting systems Ensuring your workforce is protected 🚨 Time is running out! Let us help you meet the deadline with ease. 💼 Contact us TODAY for expert OSHA reporting and ITA submission! 📧 DM us or email us at info@safetyfirstmgmt.com for details. #OSHACompliance #SafetyFirstManagement #WorkplaceSafety #OSHA300A #InjuryTracking #OSHAReporting #SafetyManagement #ComplianceAssistance #DeadlineApproaching #StayCompliant #AvoidPenalties