By Christopher Widmer, CSP
Client Success Safety Specialist
Over the past few years, we have not only seen an increase in OSHA activity, citations, and overall fines, but also an increase in the autonomy given to OSHA compliance inspectors to note non-compliances and take appropriate action. Many of these are the direct result of public pressure to create written policies for such relevant topics as workplace violence mitigation and heat stress management. Just this past month, Cal/OSHA put into effect requirements for both of these topics with Oregon being the first to implement an indoor and outdoor heat stress standard in 2022.
OSHA’s General Duty Clause
While Federal OSHA has not yet formally adopted standards regarding these topics, it would be imprudent not to infer such actions are on the horizon. Further proof of this goal can be seen in OSHA’s use of its General Duty Clause (GDC) in these scenarios. The very cornerstone of modern safety and health compliance taken from the OSHA Act of 1970, the GDC calls for employers to provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm”. While originally seen as a framework for issues that fell outside of their specific standards, OSHA has been known to cite employers under this rule in various industries for issues that are not clearly defined in laws or regulations. To help illustrate this point, I noted earlier that Federal OSHA has not formally adopted standards regarding workplace violence mitigation or heat stress management. This did not prevent them from levying significant penalties against businesses for workplace violence and heat stress under the GDC.
As we see an increase in citations and inspections, OSHA has recently increased its maximum fines for serious, other than serious, and posting violations. These amounts are $16,131 per violation, $15,625 per day for each violation past its abatement date, and fines of $161,323 per violation for willful or repeat offenders, with a staggering $1.2M bill given to a parts retailer in 2023 for multiple violations.
Employer’s Rights
For many employers, the simple thought of OSHA showing up at their front door is enough to foster sleepless nights in the minds of the most safety-literate dealerships. For this reason, it is important to remember that you, and your employees, have protective rights during an OSHA visit. The first being the right to know information regarding the visit; for example, is this a targeted inspection for your industry or was there a complaint filed? You have the right to have time to gather area leads, supervisors, or legal representatives. In addition, you have the right to accompany the compliance officer on any inspection walks, and work with them to better define the scope of the visit. Finally, employees have the right to refuse audio and video recording of any interviews that occur (though anything said will be “on-the-record”). It is important to note that cooperation with requests and a high sense of professionalism will go much further to foster a positive working relationship than demands and refusals to OSHA inspectors (which usually does not bode well). Preparedness is the key to success.
“By failing to prepare you are preparing to fail.” -B. Franklin
So what does preparedness look like in reality? What elements are the most critical to put into place as you build a safety culture? In short, the road map to success can be summed up in four ideas: Inclusion, Knowledge, Detail, and Humility.
Inclusion
A strong safety culture isn’t created in a lab, behind a desk, or in a corporate boardroom; it’s created on the individual level. It has been well-studied that people are more invested in something they are a part of. Give your employees a seat at the table where plans are made, and in doing so, gain both their respect and their buy-in as they help you implement a plan that they helped create.
Knowledge
You’ve heard it said that knowledge is power, and it is never more true than in the realm of safety compliance. Creating an environment where employees are informed of the hazards around them, empowered to seek out answers to their questions, and encouraged to ask questions and challenge things that don’t make sense is key to the success of a safety culture.
This ensures that chemical inventories are kept up to date, with the most recent SDSs on file. It could be a log of routine inspections on vehicle lifts, waste oil tanks, or eye wash stations. It can even be training employees on what they need to stay hydrated and how to recognize the need to take a break and cool down before discomfort leads to a medical emergency.
Finally, understanding the requirements of not only OSHA but also your state and local requirements will ensure that you are ready for any inspection. Remember: just like the tools that are used every day to maintain a customer’s vehicle, the tools you give your employees for safety compliance will be their keys to success.
Detail
Some of the easiest ways that OSHA (or other agencies) can cite a dealership is due to improper recording, reporting, and record-keeping. Knowing the laws and regulations of your state can be the difference between compliance and a significant fine. In addition, keeping accurate records of your chemical quantities for Tier II reporting can save both time and money as the submission deadline approaches each year. Features like ComplyAuto’s custom assessments empower your dealership to build out templates and routines focused on the details that matter to your dealership.
Humility
Understand that safety culture is an ever-evolving process and that it is impossible to get everything perfect the first time. Being able to identify gaps, and taking measures to correct them, is a necessary skill that must be developed for any plan to work.
Overall, safety is a team effort. When everyone contributes, everyone wins. By partnering with ComplyAuto for all of your compliance and security needs, you’re setting yourself up for success in the long run. Together we can make sure you are ready for any issue that comes your way and foster a culture of success.
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