Page 45 - MetalForming November 2009

provided adequate to instruct employ- ees on how to perform the work safely? 22) Is training provided to all new employees or to employees whose job
assignment has changed?
23) Are supervisors trained on the safe-
ty and health hazards for employees under their immediate control and the enforce- ment expectations of the supervisor?
24) Are employees retrained when it is discovered that the employee does not understand how to safely perform the work?
25) Are employees provided peri- odic refresher training as necessary?
26) Did the employees exposed to the hazard receive the training necessary to perform the work safely?
27) Are workplace hazards corrected in a timely manner?
28) Has the employer established a reliable system for verifying compli-
ance with the safety rules?
29) If the employer conducts self
inspections, are the inspections ran- dom and unannounced?
30) Is the frequency of the employ- er’s self inspections proportional to the volume of work being performed and/ or number of employees involved in the business operations?
31) Does the employer have a disci- plinary policy in place?
32) Does the employer consistently and adequately discipline all employees for conducting unsafe work practices?
33) Is there evidence of a continuing compliance problem?
34) Was a supervisor aware of or involved in the unsafe practice or condition? 35) Does the employer discipline or provide retraining to supervisory per- sonnel involved with unsafe conditions
or practices?
36) Is there evidence in the employ- er’s records or DOSH inspection records of a continuing compliance program?
Hidden in this checklist are the agency’s real agenda items:
• To try to block employers from using this defense whenever a supervi- sor is involved in the misconduct (which is contrary to federal and state case law); and
• Eliminate the “no management knowledge of the cited condition” defense and the employee misconduct defense whenever a cited employer has previous similar citations.
If there ever was an OSHA subject document worth reading, this is it. Call or write Ehlke Law offices for a copy of DOSH Directive 5.10 on Unpreventable Employee Misconduct, or find it at www.lni.wa.gov/Safety/Rules/Policies/ pdfs/wrd510.pdf. MF
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