Landscape and Irrigation is read by decision makers throughout the landscape and irrigation markets — including contractors, landscape architects, professional grounds managers, and irrigation and water mgmt companies and reaches the entire spetrum.
Issue link: http://read.dmtmag.com/i/316962
www.landscapeirrigation.com June 2014 Landscape and Irrigation 23 training they have received. In particular, the inspector will ask about training on company equipment. The use, lack of use, or failure to provide Personal Protective Equipment (PPE) is the second most common citation, Steel noted. Employers are required to provide workers with PPE, be it gloves for hand protection, safety glasses for eye protec- tion, or ear plugs for hearing protection to name a few. Not only are employers responsible for providing this equip- ment, they are also mandated to train workers on how and when to use PPE including when it is needed, why it is needed, the limitations of PPE, how to properly wear and adjust the PPE, and how to care for the PPE. PPE depends on the task being performed, job site loca- tion and the potential hazard. "There have been a number of workers killed on interstate jobs," said Steel. "Safety vests, of a specific color, must be worn by all workers performing tasks near vehicular traffic." Within the documentation, the employer is required to self-identify potential hazards. According to Steel, a lawn care company providing mowing services would need to include a statement acknowledging, "Workers operating zero-turn mowers may be exposed to more than 85 decibels while oper- ating the equipment during their shift, and will therefore be provided hearing protection." Steel believes the third most common citation for landscape and lawn care companies often relates to machine guarding. "Employers need to be careful of guarding and shielding," Steel cautioned. "The guards are engineered and installed on the equipment for a reason." Missing or damaged shields must be replaced or repaired, or fines will be issued. The fine depends on the severity of the infraction and how many previous violations the employer has. "If there have been previous inspections that show a problem, and a second investigation shows the same problem, the fines will be hefty," Steel said. How should you prepare for an inspection? Preparing for an inspection begins long before an inspector arrives on the site. It begins with planning and documenta- tion. In addition to formalizing written policies and providing documented training, appoint one or two individuals respon- sible for interacting with an OSHA inspector. These employees should be knowledgeable of OSHA regulations and will act as the company's spokesperson during the investigation. In advance of an inspection, discuss with your attorney if you will request OSHA to obtain a search warrant prior to conducting an investigation or if you will decide on a case-to- case basis. Small to mid-sized businesses can request a free meeting with the State OSHA Consultation Program for a "walk-through." The "walk-through" identifies potential hazards, including any that could result in a citation, and offers suggestions on how to decrease hazards. The representative provides a follow-up report highlighting things to work on, and will likely include things business owners would not have thought of. Though the State OSHA program is funded by federal OSHA department, it is separate from OSHA enforcement and findings are not submitted to OSHA enforcers. The State Consultation offices are typically located at a uni- versity, other college, or within state government. The results of the assessment are not reported to OSHA enforcement unless the business owner is unwilling to eliminate a "serious" hazard or remove employees from an "imminent danger" situation within an agreed upon timeframe. Learn more about this free service at www.osha.gov/dcsp/smallbusiness/consult.html. Ace your next inspection Between October 2012 and September 2013, OSHA inspec- tors conducted 237 inspections, and issued 611 citations for a total of $801,101 in fines. The citations covered numerous OSHA stan- dards, but most often fell into the categories of Personal Protective Equipment (PPE), training, general duty and guarding. Be polite, professional and prepared. "This is not the time to be combative," Steel advised. An inspector doesn't set fines during an inspection; they take the report back to the office to decide. Steel explained. "The employer gets a letter that informs them of the citations, the fines and that they can request an informal meeting." You may request an informal meeting to discuss any cita- tions that are made. You can bring a lawyer with you should you so choose. "[The informal meeting] is a good place to be humble and chances are you will be able to negotiate the fines," Steel added. Katie Navarra is a landscape industry professional based in New York. She is also an accomplished author and freelance correspondent with more than 200 articles to her credit. She can be reached via e-mail at katienavarra@yahoo.com. Alaska Arizona California Connecticut Hawaii Illinois Indiana Iowa Kentucky Maryland Michigan Minnesota Nevada New Jersey New Mexico New York North Carolina Oregon Puerto Rico South Carolina Tennessee Utah Vermont Virgin Islands Virginia Washington Wyoming The following states/territories have approved "state" plans NOTE: The Connecticut, Illinois, New Jersey, New York and Virgin Islands plans cover public sector (state and local government) employment only. LI