The OSHA Consultation Program

There is a long list of employer's responsibilities under the Occupational Safety and Health law but at the top of the list is to "provide a workplace free from serious recognized hazards and comply with standards.  Is there a consultation program available?

The real estate industry we particularly serve comes with high risks next to law enforcement hazards.  Due to a number of incidents, as well as the lack of adequate inspection records involving permanently installed window washing platforms and exterior building maintenance systems, Cal-OSHA has distributed a letter detailing the annual maintenance requirements for permanently installed scaffolding systems.  The letter is nothing new, it was sent to scaffold inspection and testing agencies back in 2009.

So what's the bottom line to building owners and managers?  Site inspections are no longer adequate.  Annual maintenance will include removing hoists from the building to be shop tested—to the manufacture's specifications—and to have routine maintenance performed.  Be aware of the possible increased maintenance costs and detailed account of this maintenance will need to be documented in the building's records.

It's a reminder of the building owner's responsibilities as outlined in  California Code of Regulations, Title 8, Section 3282:

1. Building owners shall provide the employer written assurance, before use, that all their building's safety devices and equipment meet the provisions of General Industry Safety Orders (GISO).
2. All safety devices and equipment considered in the written assurance shall be inspected at least every 12 months.
3. Owners of buildings 36 feet or more in height shall have an Operating Procedures Outline Sheet (OPOS) where one or more specified conditions apply to such buildings.

Not in California

Boatswain's chairs and CDAs, while popular in other states, are not always acceptable in California.  Cal-OSHA has height limits for these as outlined in Title 8, Section 3286.

Some providers fail to comply with some of these regulations and they get slapped with a citation that comes with a hefty fine and drags the property management along with them.  You can check to see if your vendors are clean of citations on this OSHA page.

There is hope.  It doesn't need to look all gloomy from here.  OSHA's On-site Consultation Program offers free and confidential advice to small and medium-sized businesses, with priority given to high-hazard worksites.  Check out the fact sheet before you spend an arm and a leg for a vendor's paid opinion about compliance.

Both parties (building owners and vendors) should embrace a pro-active approach to this challenge.  The OSHA consultation program should be our first go-to resource.