|
|
In 1999, the California Legislature made significant changes to the state Labor Code through AB 1127
(a Summary
and a copy of the proposed amended regulations
are available). The new law, effective January 1, 2000, made the following changes to toughen enforcement and increase penalties:
- Extends the time for filing Cal/OSHA discrimination complaints;
- Increases civil penalties for serious and failure-to-abate violations;
- Makes government entities liable for civil penalties;
- Decreases the Enforcement Division's burden of proof in administrative hearings for serious violations;
- Expands the breadth and scope of formal complaints;
- Increases criminal penalties (including prison time) for some Cal/OSHA violations
- Establishes a new crime for submitting a false statement of abatement
As a result of this enforcement initiative and recent budgetary increases, the Enforcement Unit will be gaining additional personnel. In 2000 new district offices will be established in Concord and Anaheim. These new offices will administer the PSM High Hazard Program in Northern and Southern California respectively, and will be responsible for conducting programmed inspections in "high hazard industries," especially for those facilities covered by PSM.
The carrot side to this enforcement initiative is that additional resources are also being spent to provide additional consultation to facilities subject to PSM and increase the activities of the California Voluntary Protection Program (Cal/VPP). This program, which has seen a significant upsurge in applicants over the last year, offers its participants a chance to forgo program inspections in return for completion of a cooperative review process.
Iraj Pourmehraban, Senior Safety Engineer for Cal/OSHA Consultation Service and one of the directors for Cal/VPP took a few moments to answer a few questions from David Moore, President, AcuTech Consulting.
1. We understand that a new Cal/OSHA PSM compliance initiative is underway.
Could you explain what the plans are and why this is being done?
Current plans are to add two new offices in Concord and Anaheim. Over the next 6 to 8 months, the new offices will focus on hiring and training new enforcement personnel. John Canyak will be training people for PQV inspections in the North, while Jim Ryel will be doing the same in the South. Jim has been a member of the Southern California PSM Team for several years.
2. Will increased inspections occur? Over what time?
Increased inspections will happen, but there is not timetable set up right now.
3. What industries will be targeted?
An industry agenda is not yet set. Sites with ammonia and chlorine are good areas to start with.
4. How can we get more information on the audit protocol you might be using?
No new audit protocol is being prepared for this effort. The division has an existing Policies and Procedures Guide for PSM that is available on our web site at
http://www.dir.ca.gov/doshpol/p%26pc%2D17.htm. There is also a resource kit that includes the CPL 2-2.45A and other information. A copy of the kit is available at (415) 703-5272. (Editor's note:
CPL 2-2.45A is also available at AcuSafe)
5. Are there alternatives to being subject to these reviews, such as STAR?
Yes, of course. If you are under the STAR Program, you are exempt from PQV inspections. The Cal/Star Program enrolls employers whose safety and health programs are among the most comprehensive in American industry. Its purpose is to recognize leaders in occupational safety and health programs who have been successful in reducing workplace hazards and to encourage others to work toward similar levels of success. By approving an applicant for participation in the program, Cal/OSHA recognizes that the applicant is providing, at a minimum, the basic elements of an ongoing systematic protection of workers at the site, which makes routine Cal/OSHA enforcement efforts unnecessary.
AcuSafe is a presentation of
AcuTech Consulting,
©2002, All Rights Reserved
|
