Under what conditions can an employee be denied access to the opening conference, walk-around, and closing conference?

Under what conditions can an employee be denied access to the opening conference, walk-around, and closing conference? 

BOS 3525, Legal Aspects of Safety and Health Unit I to Unit VIII Assignment

Unit I Assignment

Hi Jerry! This is your OSHA’s Area Director.

We received a non-formal complaint recently from one of your current employees. The complaint alleges that employees there are performing welding operations on stainless steel in an area with inadequate ventilation.

This employee also states that they frequently “cough up” black sputum, and that they are worried about the health consequences caused by this lack of ventilation.

The complaint further states that no air sampling has been performed to evaluate the employees’ exposures to welding fumes. And, that when asked for respirators, they were given “dust masks” with one strap, which were purchased at the local hardware store. The effectiveness of these dust masks for the exposure that is present is also in question.

I will also be sending you an email summarizing this non-formal complaint, so that you can respond accordingly.

Thanks Jerry! Goodbye.

Part 1

Draft a letter in response to the complaint. Your letter should summarize why you believe the complaint is invalid and no on-site inspection is required. Keep in mind, simply stating that the complaint is invalid is not adequate. You must support your opinions in the letter.

Part 2

(Answer the following question on the page 2 of your word document) Answer the questions below in a few sentences.

1. Where does this type of complaint fit on OSHA’s Priority criteria?

2. What factors could have made this complaint non-formal rather than formal?

3. What steps could you take as the employer to identify the employee who filed the complaint? 4. What factors could result in this complaint being reclassified as a formal complaint?

Save both parts of this assignment in one word document to submit for grading.

Unit II Assignment

Discussion Question

Question 1

Under what conditions can an employee be denied access to the opening conference, walk-around, and closing conference? Your response should be at least 75 words in length.

Question 2

If the OSHA compliance officer requests documents that are not related to a formal complaint, what options do you believe the employer has? Your response should be at least 75 words in length.

Question 3

If OSHA determines that an employer’s response to a non-formal complaint is adequate, what options does the employee filing the non-formal complaint have? Your response should be at least 75 words in length.

Question 4

Can an employee request that an attorney or union representative attend a private conference with the compliance officer? If the union demands to have a representative present, does the employee have to comply? Your response should be at least 75 words in length.

Unit II Assignment

You receive a follow-up call from the area director saying the employee filing the original non-formal complaint has provided additional information about the alleged health situation and submitted a formal complaint using the OSHA-7 form, making the complaint a formal complaint. A few days later, an OSHA compliance officer shows up at your facility to perform a comprehensive inspection. The compliance officer presents the proper credentials, and you verify that the compliance officer is employed by OSHA and assigned to the local office.

During the opening conference, the compliance officer provides you with the formal complaint, alleging that employees are exposed to hazardous concentrations of metal fumes in welding areas of the plant, that you have not performed any air sampling to determine exposure levels, that adequate ventilation is not present in welding areas, and that adequate respiratory protection has not been provided to welders. As a part of the inspection, the compliance officer requests the following documents:

 Chemical inventory list;

 OSHA 300 logs;

 Hazard Communication Program, including training records;

 any sampling data that you have;

 Respiratory Protection Program, including medical clearance letters and training records;

 written hazard assessment for personal protective equipment (PPE) used at the facility;

 Safety Data Sheets (SDSs) for the metals you use in the production process and any welding rods/wire used in the welding area; and

 any other written programs you have that are required by an OSHA regulation.

The compliance officer takes a walk-through tour of the facility, spending extra time in the welding areas. During the walk-through, the compliance officer points out several issues believed to be apparent violations. The issues are as follows:

 Heavy haze is present in the welding area.

 Individuals wearing half-mask air-purifying respirators have full beards.

 Employees are using chemicals that could be injurious to the eyes, and no emergency eyewash is present.

 Eyewash is present in another area of the plant that is covered in dust, and there is no indication of recent operation or inspection.

 Employees are using chemicals that could be absorbed through the skin and are not using any gloves.

 Employees are performing maintenance inside a press with no lock-out/tag-out applied.

 No written lock-out/tag-out program is available at the time of the inspection.

 Welding operation is performed near flammable materials, and no fire watch present.