A
manufacturing firm in Los Angeles County experienced an employee
injury and was inspected by Cal OSHA.
Accident:
An employee was operating an angle grinder when an electrical short
circuit occurred. The short-circuit caused an electrical flash which
exited the grinder and grounded itself through the employee’s
leg.
Cal OSHA Inspection findings:
A Cal OSHA inspector investigated the accident and issued citations
to the employer for four General violations and three Serious violations
totaling $23,350.
O.S.T.S., Inc. Investigation and Employer Defense:
Upon O.S.T.S. investigation, it was discovered that the employer
had no way of knowing about the electrical fault in the grinder
based on the specifics of the accident and condition of the tool.
The Affirmative employer defense of "Lack of Employer knowledge"
was used and the entire case was agreed and settled at the Informal
Conference. The results were:
1. Three of the four General violations were modified to a Notice
with a penalty amount of $0.00
2. Two of the three Serious violations were modified to General,
changing the combined dollar amount to $500.00, and;
3. The third and final Serious violations was Withdrawn.
Final Tally:
Four of the seven violations were dismissed,
A Non-admission of Guilt Clause was acquired,
No appeal monies were unnecessarily spent by the employer, and
Total penalties were reduced from
$23,350 to $625.
A savings of $22,725 was achieved (97.3% reduction)
A manufacturing firm in Los
Angeles County experienced an employee complaint and was inspected
by Cal OSHA.
Incident:
An employee called in a complaint to the City Santa Fe Springs regarding
lack of enough restrooms for Men and Women at the employer’s
facility.
Cal OSHA Inspection findings:
A Cal OSHA inspector was referred to the employer’s business
by the City inspector. Cal OSHA investigated the complaint, conducted
a comprehensive inspection, and issued citations to the employer for
twelve General violations and four Serious violations totaling $16,160.
O.S.T.S., Inc. Investigation and Employer Defense:
Upon O.S.T.S. investigation, it was discovered that the employer had
some violations within their facility, however, the employer had been
making a vigilant "Good Faith" effort to create a safe working
environment for its employees. Using various arguments/defenses for
the many alleged violations, O.S.T.S., Inc. was successful in settling
the entire case at the Informal Conference. The results were:
1. One of the twelve General violations was withdrawn,
2. One of the twelve General violations was reclassified to a Notice
at $0.00 penalty,
3. Seven of the twelve General violations were reduced to zero penalty,
4. The three remaining General violations were reduced to a combined
penalty amount of $310
5. All four of the Serious violations were modified to General, changing
the combined dollar amount to $600.00, and;
Final Tally:
Two of the twelve violations were dismissed,
No appeal monies were unnecessarily spent by the employer, and
Total penalties were reduced from $16,160
to $910.
A savings of $15,250 was achieved (94.3% reduction)
A Distribution firm in Los
Angeles County experienced an employee injury and was inspected by
Cal OSHA.
Accident:
An employee was operating an industrial truck (forklift) when he accidentally
hit a fellow coworker in the ankle with the forklift load as he was
trying to pass by on the loading dock. The victim experienced a severely
shattered ankle, but eventually healed.
Cal OSHA Inspection findings:
A Cal OSHA inspector investigated the accident and issued citations
to the employer for two Regulatory violations and two Serious violations
totaling $25,500.
O.S.T.S., Inc. Investigation and Employer Defense:
Upon O.S.T.S. investigation, it was discovered that the Division (Cal
OSHA) did not apply the appropriate discounting scheme and that the
Accident-related Serious violation was cited incorrectly. The results
were:
1. The two Regulatory violations were reduced to a total of $600.00.
2. One of the two Serious violations was reduced to a total amount
of $2,700.00 from $6,750.00, and;
3. The final Serious violation was reclassified to a General due to
the Division being made aware that they cited the wrong Section number.
The penalty drop from $18,000 to $600.
Final Tally:
All four of the violations were reduced and/or reclassified,
A Non-admission of Guilt Clause was acquired,
No appeal monies were unnecessarily spent by the employer, and
Total penalties were reduced from $25,500
to $3,900.
A savings of $21,600 was achieved (84.7% reduction)
A Distribution firm in Los
Angeles County experienced a Programmed inspection by Cal OSHA. The
Anaheim, High Hazard unit conducted a comprehensive inspection of
the facility.
Incident:
The Cal OSHA High Hazard Unit conducts selective, comprehensive inspections
of industries categorized into High Hazard operations by Standard
Industrial Code (SIC) accident and injury data.
Cal OSHA Inspection findings:
A Cal OSHA inspector arrived on site and conducted a wall-to-wall
inspection of the facility and allegedly found three Regulatory, two
General and ten Serious violations. These citations totaling $37,935.
O.S.T.S., Inc. Investigation and Employer Defense:
Upon O.S.T.S. investigation, it was discovered that the employer had
some violations within their facility, however, the Division (Cal
OSHA) had incorrectly classified MANY of the citations. Using various
arguments/defenses for the many alleged violations, O.S.T.S., Inc.
was successful in settling the entire case at the Informal Conference.
The results were:
1. Two of the Regulatory violations were reduced by a combined amount
of $150 and the third Withdrawn,
2. The two General violations were reduced by a combined amount of
$150,
3. Five of the ten Serious violations were reclassified to General
and then four of those 336k’d (reduced to $0.00), reducing the
seven combined violation’s penalty amounts from $23,400 to $975,
and
4. Two of the five remaining Serious violations were 336k’d
to a combined total of $450 and the remaining three Serious were reduced
to a combined penalty amount of $7,875
Final Tally:
Five of the ten Serious violations were reclassified,
No appeal monies were unnecessarily spent by the employer, and
Total penalties were reduced from $37,935
to $10,050.
A savings of $27,885 was achieved (73.5% reduction)
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