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Regulatory

the benefits of an effective program and provide informa- changes in the way the employee performs the job. Any control
tion, such as OSHA’s website address, describing program ele- put in place must be technically and financially feasible.
ments. Both the employer and employee representatives will During the closing conference, the compliance offi-
be advised of their rights to participate in any subsequent con- cer will thoroughly explain the abatement verification require-
ferences, meeting, or discussions, and their right to contest the ments including abatement documentation and certification, the The finesT ropeway
citation(s). A second closing conference may be held by tele- proof that the issue has been corrected. Abatement certification
phone or in person when additional information is available. is required for each citation item(s) that the employer receives, equipmenT available
An informal conference with the OSHA area director except those identified as “Corrected During Inspection (CDI).”
is encouraged, as it provides an opportunity to resolve dis- These are reviewed during the closing conference.
puted citations and penalties without litigation; gain a more
complete understanding of the specific safety or health stan- WHAT CAN YOU DO TO PREPARE
dards that apply; discuss ways to correct the violations; dis- FOR AN INSPECTION?
cuss issues concerning proposed penalties; discuss proposed OSHA inspections and reporting can be time-consuming
abatement dates; discuss issues regarding employee safety and costly if you are cited, but there are ways to make this a
and health practices; and learn more about other OSHA pro- manageable process. First is having a risk manager or safety
grams and services available. director on staff that has experience and is knowledgeable
An informal conference does not extend the 15-working- about safety and health regulations and understands your
day period during which the employer or employee represen- rights under the law. This person should be the first or sec-
tatives may contest a citation. Anything said during an infor- ond person contacted after the CEO or GM if a CSHO
mal conference does not replace the requirement for notices comes on site to conduct an inspection.
to be made in writing. Employee representatives have the The CEO, COO, and HR director should also sit in during
right to participate in informal conferences or negotiations the opening conference. After the opening conference, the risk
between the OSHA area director and the employer. manager should take the inspector to the areas to be inspected Leitner Poma of america (lpoa) is
Any penalties must be paid within 15 working days after without entering or going through other work centers if pos- pleased To announce The launch of a new
the employer receives a Citation and Notification of Penalty sible. The risk manager should document for him/herself any operaTion & mainTenance division.
unless an employer contests the citation and/or the penalty. inspector comments and concerns, and take any photographs or
Penalties need not be paid for the contested items until the videos that the inspector also is taking during the walkaround. leT our experienced Team handle your
date that the citation/notification of penalty becomes a final It goes without saying that compliance to the best of your heavy mainTenance needs.
order. In defending citations, areas can pursue an affirma- ability is your foundation for a safe workplace, along with
tive defense, providing new or different facts that, if proven, maintaining a clean and healthy work environment through
negate the employer’s responsibility. good housekeeping practices. Also, maintain and have available
the last five years of OSHA 300 logs. Keep copies and records
REDUCING EMPLOYEE EXPOSURE of all employee trainings that have been conducted. Maintain
Whenever feasible, engineering, administrative or work prac- and update annually your training and policy and procedures.
tice controls must be instituted, even if they are not suffi- More than 4,500 workers are killed on the job every year,
cient to reduce exposure to or below the permissible exposure and approximately 3 million are injured. If the ski industry
limit or eliminate the hazard completely. To further reduce works together to provide a safe and healthy environment, we
exposure to the lowest practical level such controls are could all benefit from huge reductions in employee injuries and
required in conjunction with personal protective equipment. correspondingly fewer worker’s compensation claims.
Engineering controls consist of substitution, isolation,
ventilation, and equipment modification, while administra- REFERENCES:
tive controls are any procedure that significantly limits daily • The Field Operations Manual (FOM)
exposure by manipulation of the work schedule or altering 08/02/2016 Directive #: CPL-02-00-160
the organization of accomplishing the work is considered an • www.OSHA.gov
administrative control. Note that use of personal protective
equipment is not considered an administrative control. John T. Barnard is a risk manager at Taos Ski Valley, Inc.,
Work practice controls are methods to reduce or eliminate a former senior safety compliance officer and whistleblower
employee exposure to the hazard such as changing work habits, investigator, a graduate of Rochester Institute of Technology,
improving sanitation and hygiene practices, or making other and a veteran of the US Navy.

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