In the past, their booth has been very sparse: no banners, no signs – just a display of their products and a black-and-white brochure. This year, they wanted to make a more convincing presence. So they contracted with Cougar Gulch Group, LLC to come up with a new booth arrangement, banners and signs and a new, full-color brochure. We contracted with our partners at CDA Sign for banners and signs and Whitestone Design Werks to design the new brochure. The cooperation, design and product we received from our vendors was top-notch.

The main show for this year was the annual Washington Oregon Potato Conference, held in Kennewick, Washington. Though the attendance was down a little from last year, the booth was a huge success. Extreme Industrial Coating’s (EIC) message was clear; the signs attracted attention and the brochures inspired the reader to get back with our client. Several orders were secured shortly after the show.

The International AG Show in Tulare, California is the largest farm equipment show in the world. This year EIC wanted to make a presence there. So they contracted with Cougar Gulch, not only for design and setup of the booth, but also to man it and produce the leads. Our strategy was not to draw a crowd with give-aways: There are a lot of non-farmers and curiosity-seekers at this show and we were looking for the farmer. Specifically, the potato farmer. More specifically, the potato farmer with the Lockwood Air Cup – most likely less than one-fourth of one percent of the commercial traffic (farmers).

The booth was setup the same as had been established at the Potato Conference. We stuck to the message. Although we did have to demonstrate the product to several hundred curiosity seekers, we found several farmers in the mix and walked out of the show with a commitment for a thirty-five thousand dollar order and several leads. The show was a success.

Cougar Gulch Group is available to help you with your next trade show. We will design your booth, signage and banners and brochure design and printing. We are also available to demonstrate your product and man the booth for you. We are quite adept at learning products and we have found people come to trade shows to find information – they don’t require every technical question to be answered and are quite happy to give their contact information and be followed up later. This helps you reduce your budget by keeping the expensive people on the job while we generate the leads for you at the show. Call Dean at 208-699-6877 to find out how we can help you with affordable, effective marketing at your next trade show.

Only $49.99 for all these forms and posters. Buy It Now!
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FORMS:

1. OSHA form 301
2. OSHA form 300
3. OSHA form 300A
4. Supervisor’s Report of an Accident
5. Safety Inspection Checklist (for Shop and Remote Sites)
6. Fall Protection Plan
7. Weekly Safety Meeting
8. Safety Meeting Sign-in Sheet
9. Training Sign-in Sheet
10. Unsafe Work Condition
11. Employee’s Report of Injury / Near Miss
12. Injury Report Form – Company
13. Chemical Inventory (MSDS)
14. Hazard Assessment and Type of PPE / Certification
15. Specific Respirator Use Information
16. Tool and Equipment Inventory and Inspection
17. Power Cord / GFCI Inventory and Inspection
18. Rigging Material Inventory and Inspection
19. Shop Electrical Outlet Inventory and Inspection
20. Reasonable Suspicion and Post-Accident

POSTERS:
U.S. Department Of Labor Workplace Poster Requirements – APPLY TO ALL

1. JOB SAFETY AND HEALTH PROTECTION (OSHA 3165-12-06R) – applies to all businesses. [29 USC 657(c), 29 CFR 1903.2]
2. EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW (EEOC-P/EI (11/09)) – applies to all businesses with federal contracts or subcontracts, however EEOC has established further requirements that may apply to most or all small businesses. [Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended; 41 CFR Chapter 60-l .42; 41 CFR 60-250.4(k); 4 1 CFR 60-74 1.5(a)4]
3. FAIR LABOR STANDARDS ACT [FLSA] (WHD 1088 (July 2009)) – this is the federal Minimum wage poster; businesses employing any employee subject to the FLSA must post this (all small businesses). [29 USC 211, 29 CFR 516.4]
4. UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (Oct 2008) – for use by all employers (Veterans’ Employment and Training Service). [38 U.S.C. 4334, 20 CFR 1002]
   NOTICE: EMPLOYEE POLYGRAPH PROTECTION ACT (WH 1462 June 2003)) – applies to all employers. [29 CFR 801.6]

U.S. Department Of Labor Workplace Poster Requirements – APPLY TO SOME

1. YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT (WHD 1420 (Jan 2009)) – applies to employers who employ 50 or more employees in 20 or more work weeks. [29 CFR 825.300, .402]
   NOTICE TO ALL EMPLOYEES WORKING ON FEDERAL OR FEDERALLY FINANCED CONSTRUCTION PROJECTS [Davis-Bacon Act] (WH 1321 (Apr 2009)) – all employers with federally funded construction contracts or subcontracts of $2000 or more. [29 CFR 5.5(a)(l)]
2. NOTICE TO EMPLOYEES WORKING ON GOVERNMENT CONTRACTS [Service Contracts Act] (WHD 1313 (April 2009)) – all employers with federally funded services contracts or subcontracts of $2500 or more. [29 CFR 4.6(e), .184]

This list does not include agricultural employment, special disabilities and special minimum wages and additional notices required for union shops.

OSHA

1. Form 3165 (listed above as USDOL requirement)
2. Form 300A (Summary of Work-Related Injuries and Illnesses) – must be posted from 01 Feb to 30 April every year. This is included with the forms set (complete OSHA 300 set).

STATE OF IDAHO

1. Equal Opportunity Is The Law (no form version or date)
2. Idaho Law Prohibits Discrimination (5/8/2008)
3. Unemployment Insurance Benefits (no form version or date)
4. Idaho Minimum Wage Law (7/09)

This list is in addition to the required federal and OSHA postings.

STATE OF WASHINGTON

1. DOLI Job Safety and Health Law (F416-081-909 (07-2010))
2. DOLI Your Rights As A Worker (F700-074-909 (05-2010))
3. Notice To Employees: If A Job Injury Occurs (F242-191-909 (03-2011))
4. Unemployment Benefits (EMS 9874.CC7540-032-407 (1/11))
5. Washington State Law Prohibits Discrimination (no form version or date)

This list is in addition to the required federal and OSHA postings.

Why chase around to every government agency for these posters when you can have the convenience of printing them from this thumb drive. The forms will help your business keep their records in order and most of them are fully editable to conform to the needs of your company – including the ability to place logos on them.
Only $49.99 for all these forms and posters. Buy It Now!
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1. Required regulatory (IRS, OSHA, ADA, EPA, workmen’s comp, employment security, equal opportunity, etc) posters.
2. Optional Regulatory posters.
3. OSHA for 300A (injury summary) will post from 01 Feb to 30 Apr.
4. The fire and emergency evacuation plan and procedures.
5. Day/Dates, time and location of weekly Safety Meetings.
6. The minutes of the most recent Safety Meeting(s).
7. The latest MSDS sheets, if applicable.
8. Location of the MSDS notebook.
9. Location of the First Aid Kit(s).
10. Location of the Eye Wash Station(s), if applicable.
11. The name, location and contact information of the nearest urgent care center.
12. Location of this workplace, phone number and emergency phone.
13. Information about other medical information and programs.
14. RESPONSIBLE PEOPLE and contact info:
1. Who to report injuries to.
2. Who is the Employee Safety Representative.
3. Who are the Safety Committee members.
4. Who is the HazMat coordinator and in charge of the MSDS notebook.
5. Who is the Drug Policy Administrator.
6. Who is the Workplace Violence Administrator.
7. Who is the person responsible for monthly inspecting and maintaining the fire protection equipment.
8. Who is the person in charge of the Bloodborne Pathogen Plan, if applicable.
9. Who is the person in charge of determining Bomb Threats and calling the alarm.
10. Who is the person in charge of the Fire Evacuation Plan.
11. Who is the person in charge of Medical Records.
12. Who is the Respiratory Administrator, if applicable.

The site uses eight plugins; the main plugin was developed by Cougar Gulch Group, LLC. Go to webthingie.com and look over the features of the site. There is a feature list on the bottom of the home page but you will want to look through the site and see how it all works. You will like what you see. When you have done this, call Dean at 208-699-6877 and have us build one for your group.

Every employer covered under the Act is required to “furnish to his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Who are these employers covered by the Act? The quick answer to which employers are required to conform to the Act are those who have eleven or more employees, on the same shift, at the same location. Regarding the requirement to provide a safe work environment, the law is not clear what the obligation of the employer is if the employer is not covered under the Act.

Another obligation for employers covered under the Act is to comply with OSHA standards published under the Act. For most businesses, these are covered under 29 CFR 1910 and 29 CFR 1926. Employees of these companies are also required to comply with the standards. This means everyone is working as a team to promote safety in the workplace – this is an obligation under law.

According to the Act, the Department of Labor is authorized to conduct inspections, and to issue citations and penalties for alleged violations. The Act also “authorizes the Secretary of Health, Education, and Welfare to conduct inspections and to question employers and employees in connection with research and other related activities.” Simply stated, the Department of Labor is the police and everything an employer discloses to the Secretary of Health, Education, and Welfare under the guise of research and surveys will get funneled to the police.

29 CFR 1903 prescribes rules and policies for the enforcement of inspections, citations and penalties. The Act contains an interesting perspective on the authority of the agents of OSHA. It states, “In situations where this Part 1903 sets forth general enforcement policies rather than substantive or procedural rules, such policies may be modified in specific circumstances where the Secretary or his designee determines that an alternative course of action would better serve the objectives of the Act.” This means, as long as an agent can demonstrate his actions are in the best interests of the statute, he is not limited to the rules governing his conduct. Be mindful of this.

Every employer covered under the Act is required to have posted in the workplace the notices required by OSHA and DOL. These are posters informing employees of the protections and obligations provided for in the Act. The law provides for employees to seek information of specific safety and health standards from the employer or the nearest office of the Department of Labor. This is one reason every employer should make their safety policies clear and have specific practices and procedures bound in a safety manual and distributed to every employee and make at least one person on staff available to answer questions. It is in the best interest of the employer to keep the conversation within the workplace. You can bet if an employee seeks advice from the DOL, an inspection of the workplace will soon follow.

The notices must be posted in a conspicuous location, where employee notices are usually posted, at each business location, including remote site operations. The employer must insure the notices are not altered, defaced or covered (hidden). The employer is also required to post notices from OSHA approved State agencies. Reproductions or copies of federal and State posters are allowed as long as each poster is printed on a minimum 8.5 by 14 inch media (legal size) and the printing is at least 10 point type and headings at least 36 point. Any employer failing to comply with this requirement will be subject to citation and penalty.

Compliance Safety and Health Officers of the Department of Labor (Officers, Officer) are authorized to enter any and every work venue of any employer covered under the Act at reasonable times. The employer cannot detain them. The Officers are authorized to inspect and investigate, within reasonable limits and in a reasonable manner, the place of employment and the conditions therein, including all structures, machines, apparatus, devices, equipment and materials. The Officers are authorized to interview and question anyone and everyone. The Officers are authorized to review all records required by the Act, with the exception that the Officer must have a security clearance to review records that have been classified by the United States government. In addition to these intrusions, the representatives of the Secretary of Health, Education, and Welfare are authorized to make inspections and to question employers and employees in order to conduct their research. On top of all this, this federal authority shall not affect the authority of any State authorized agency to conduct inspections pursuant to their statutes. In other words, your business has an open door to curious, or fishing, bureaucrats.

If the employer refuses to permit the Officers access into his place of business, to enter without delay and at reasonable times any place of employment, to inspect, to review records, or to question anyone, or if the employer refuses to allow an employee representative to accompany the Officer, the Officer shall terminate the inspection or confine the inspection to other matters. The Officer must try to find out why the employer will not allow the inspection and then he must report the refusal and the reasons to the Area Director. The Area Director will then consult with the Regional Solicitor (this is a government attorney). The solicitor will take appropriate action, according to the statute, including compulsion. This means, if you refuse the Officer access, you will be in big trouble.

If the employer has a previous history of impeding Officers in their duty, compulsory process will be made in advance of the attempted inspection. Compulsory process will be sought if the inspection is conducted a great distance from the local office and much time and funds would be expended in returning to obtain a warrant. Compulsory process will also apply if specialized equipment and experts are hired to participate in the inspection. Compulsory process is the institution of any appropriate action, including ex parte (one-sided; benefits one party without notice to the other party) application for an inspection warrant or its equivalent. The statute favors ex parte inspection warrants. This means, the Officers will attempt to conduct the investigation without you receiving notice and/or without your knowledge.

Any cooperation on your part does not imply, nor is it conditioned upon, a waiver of any cause of action, citation, or penalty under the Act. Officers are not authorized to grant any waivers. This means good behavior on your part does not necessitate good conduct or empathy on the Officers part.

Don’t expect an Officer to call before he comes. Advance notice of an inspection by an Officer will not be given except in the cases 1) of imminent danger, so the employer may abate the danger as early as possible; 2) where the inspection may require special preparation or may better be conducted after normal business hours; 3) where necessary to assure all the right people show up; or 4) of any circumstance where the Area Director determines advance notice will enhance the probability of an effective and thorough inspection. Anyone caught tipping an unauthorized notice to an employer can be fined up to $1000 and/or face six months in prison. This means, in most cases, expect to be caught by surprise when it is your time for inspection. To use the Biblical phrase: they will come as a thief in the night.

Times and places for inspections are determined by the Area Director and Officers. When an Officer arrives for inspection, he will present his credentials, explain the nature and purpose of the inspection and indicate the scope of the inspection and the records necessary to conduct it. If these records are not satisfactory, he is authorized to require more records for review. This means, once the Officer arrives, explains who he is and what he is there for, he is not limited by this scope. The Officer is authorized to expand the scope as he sees fit.

During the inspection, an Officer has the authority to take a sample or photo of anything related to the inspection. He may employ any reasonable investigative technique and question anyone in the company. He must reasonably protect trade secrets and he must observe safe practices (such as, not using flash or spark producing instruments in volatile environments), obey safety and health rules and use appropriate PPE. As much as possible, the inspection shall not disrupt the employer’s operations. When the inspection is completed, the Officer is required to confer with the employer and will informally advise him of any safety and health violations. The employer is allowed to bring to the Officer’s attention any mitigating factors the Officer may have overlooked. In other words, the inspection must be conducted with professionalism and an attitude of fairness.

The Officer(s) will be in charge of the inspection. The employer is allowed a representative and the employees are allowed a representative of their choosing. The representative will accompany the Officer during the physical inspection for the purpose of aiding the inspection. The Officer may allow additional representatives of the employer and employees where he determines such additional assistance will aid the inspection. Different employer and employee representatives may accompany the Officer during different phases of the inspection if this will not interfere with the conduct of the inspection. The Officer has sole authority to resolve disputes regarding who is the authorized representative of the employer and employees and during which phases. The Officer is allowed to consult with a reasonable amount of employees in order to make this determination.

The representative authorized by the employees must be an employee of the employer. However, if the Officer determines there is good cause to be accompanied by a third party who is not an employee of the employer, such as an industrial hygienist or safety engineer, the third party may accompany the Officer. The Officer is authorized to deny the right of accompaniment to any person who interferes with a fair and orderly inspection. The Officer must restrict accompaniment where trade secrets or United States classified information could be compromised.

The employer is allowed to identify to the Officer areas which might contain or reveal a trade secret. The employer is allowed to restrict representative accompaniment for the Officer in such areas. If no representative is available, the Officer may consult about safety and health issues with a reasonable number of employees who work in the restricted areas. In any event, all samples and photos taken from such areas shall be labeled “confidential – trade secret.”

All information obtained by an inspection which might reveal a trade secret shall be considered confidential and shall not be disclosed. However, the information may be disclosed to other Officers or employees involved with the inspection. In all cases, the Secretary, the Commission, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets. If any officer or employee of the United States or any department or agency thereof shall make known in any manner or extent not authorized by law any information related to trade secrets, they will be subject to fines up to $1000 and/or imprisonment up to one year.

During the inspection, the Officer is authorized to interview any and all employees concerning matters of occupational safety and health. Any employee who believes any violation of the Act to exist in the workplace shall be allowed the opportunity to bring this to the attention of the Officer.

Any employee who believes a violation of the Act exists in the workplace may request an OSHA inspection by giving notice to the Area Director or an Officer. The notice shall be in writing and shall give reasonable grounds for the notice and it shall be signed by the employee. A copy of this notice will be delivered to the employer no later than the time of the inspection. The names of the employees and/or their representatives will be removed from the copy given the employer and any other copies published or made available by the DOL, if requested by the employee.

If, after receiving the notice of alleged violations, the Area Director determines the notice meets the requirements and there are reasonable grounds to believe the violations exist, he shall send out an Officer to inspect as soon as possible. However, the inspection is not limited to matters contained in the notice. No employer shall discharge or in any manner discriminate against any employee because of any complaint or having caused to be instituted any proceeding or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act.

However, if, after receiving the notice of alleged violations, the Area Director determines an inspection is not warranted because there are no reasonable grounds to believe that a violation or danger exists, he shall notify the complaining party in writing of such determination. The complaining party may then appeal, in writing, to the Assistant Regional Director and, at the same time, provide the employer with a copy of such statement by certified mail. The employer may submit an opposing written statement of position with the Assistant Regional Director and, at the same time, provide the complaining party with a copy of such statement by certified mail. Upon the request of the complaining party or the employer, the Assistant Regional Director, may hold an informal conference in which the complaining party and the employer may orally present their views. After considering all written and oral arguments, the Assistant Regional Director shall affirm, modify, or reverse the determination of the Area Director and furnish the complaining party and the employer with a written notice of this decision. This decision will be final.

Whenever an Officer concludes conditions or practices exist which could reasonably be expected to cause death or serious physical harm, he shall immediately inform the affected employees and employers of the danger and that he is recommending a civil action to restrain such conditions or practices and for other appropriate relief, such as fines and penalties. The Officer may then issue citations and notices of proposed penalties due to the imminent danger even though, after being informed of such danger by the Officer, the employer immediately eliminates the imminence of the danger and initiates steps to correct the situation. In other words, examine your business operations thoroughly. If any dangerous operations exist, eliminate them before the Officer knocks on your door.

The Area Director shall review the Officers’ inspection reports. On the basis of this review, if the Area Director believes the employer has violated any requirement, standard or rule of the Act he shall issue the employer a citation, or a notice of de minimis (too trivial to take notice) violations which have no direct or immediate relationship to safety or health in the workplace. De minimis notices might not include financial penalties but they may contain orders for corrective action. The citation of de minimis notice will be issued even if, after being informed by the Officer of the violations, the employer takes immediate steps to correct the situation. All notices must be issued promptly and no citation may be issued later than six months after the inspection or alleged violation. A word of caution, as stated above, find your dangers before the Officer arrives, even if you have to hire a professional to help you. Furthermore, once you have encountered an agent of OSHA, don’t expect to be issued a de minimis. When an agency is funded through penalties, don’t expect them to view anything as trivial.

If a citation is issued, it shall describe, in reasonable detail, the nature of the violation, referencing the sections of the Act, standard, rule or regulation. The citation shall fix a reasonable time to correct the dangers and come into compliance. If a notice of de minimis violations is issued, a copy will also be sent to the employee who issued the complaint, if applicable.

If the Area Director determines that a citation is not warranted, the informal review procedures shall be applicable. After considering all views presented, the Assistant Regional Director shall affirm the determination of the Area Director, order a reinspection, or issue a citation if he believes the inspection disclosed a violation. The Assistant Regional Director shall furnish the complaining party and the employer with written notification of his determination and the reasons. This determination shall be final and is not subject to review.

Every citation shall state that the issuance of a citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest the citation or, if contested, unless the citation is affirmed by the Review Commission.

No citation may be issued to an employer because of a rescue activity undertaken by an employee of that employer with respect to an individual in imminent danger unless: 1) the employee is designated or assigned by the employer to have responsibility to perform or assist in rescue operations, and the employer fails to provide protection for the safety and health of the employee, including failing to provide appropriate training and rescue equipment; or 2) the employee is directed by the employer to perform rescue activities in the course of carrying out the employee’s job duties, and the employer fails to provide protection for the safety and health of the employee, including failing to provide appropriate training and rescue equipment; or 3) the employee is employed in a workplace that requires the employee to carry out duties that are directly related to a workplace operation where the likelihood of life-threatening accidents is foreseeable and the employee has not been designated or assigned to perform or assist in rescue operations but voluntarily elects to rescue such an individual on the basis the employee was not previously informed by the employer a) of the arrangements for rescue, b) not to attempt rescue, and c) of the hazards of attempting rescue without adequate training or equipment.

For purposes of this topic, the term “imminent danger” means the existence of any condition or practice that could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated.

If an employer has been ordered to correct a dangerous situation or practice, an employer may file a petition for modification of abatement date when he has made a good faith effort to comply with the abatement requirements of a citation, but it has not been completed due to factors beyond his reasonable control. A petition for modification of abatement date shall be in writing and shall include the following information: 1) All steps taken by the employer, and the dates of the action. 2) The specific additional abatement time necessary in order to achieve compliance. 3) The reasons such additional time is necessary. 4) All available interim steps being taken to safeguard the employees against the cited hazard during the abatement period. 5) A certification that a copy of the petition has been posted and, if appropriate, served on the authorized representative of affected employees and a certification of the date upon which such posting and service was made.

A petition for modification of abatement date shall be filed with the Area Director of the DOL who issued the citation no later than the close of the next working day following the date on which abatement was originally required. A later-filed petition shall be accompanied by the employer’s statement of exceptional circumstances explaining the delay. A copy of the petition shall be posted in a conspicuous place where employee notices are regularly posted or near the location where the violation occurred. The petition shall remain posted for a period of ten working days. Where affected employees are represented by an authorized representative, the representative shall be served with a copy of the petition.

Affected employees or their representatives may file an objection in writing contesting a modification of abatement with the Area Director. This must be filed within ten days of the posting of the petition for abatement. Uncontested petitions shall become final orders; however, no petition will be approved sooner than fifteen days after posting. Petitions objected to by the Secretary or contested by employees shall be forwarded to the Commission within three working days after the expiration of the fifteen day period.

Upon issuance of a citation, and within a reasonable time after the termination of the inspection, the Area Director shall notify the employer of the proposed penalty, or that no penalty is being proposed. This service shall be by certified mail or by personal service of the Officer. Upon receipt of this notice, the employer has fifteen working days to notify the Area Director in writing that he intends to contest the citation before the Review Commission. Failure to act shall deem the citation to be final and not subject to review by any court or agency. This means, if you are served with an adverse notice, act immediately. Waiting to the last minute could jeopardize your business’ well being.

The Area Director shall determine the amount of any proposed penalty, giving due consideration to the appropriateness of the penalty with respect to the size of the business, the gravity of the violation, the good faith of the employer, and the history of previous violations. Appropriate penalties may be proposed with respect to an alleged violation even though after being informed of such alleged violation by the Officer, the employer immediately abates, or initiates steps to abate, such alleged violation. Penalties shall not be proposed for de minimis violations which have no direct or immediate relationship to safety or health. Once again, know your workplace and correct dangerous situations and practices before they come to the attention of an Officer.

Upon receipt of a citation, the employer shall immediately post the citation, or a copy of it – unedited, at or near each place where an alleged violation referred to in the citation occurred. If it is not practicable to post the citation at certain locations due to the nature of the operations, the citation shall be posted where employee notices are regularly posted. If employees are dispersed to different and various work sites, the posting shall be at the main site from where they are dispersed. The notice shall remain posted until the violation has been abated. If the citation is being contested, it must remain posted but the employer is allowed to post a notice the citation is being contested and explain the reasons for contesting. The employer shall take steps to ensure that the citation is not altered, defaced, or covered (hidden). Notices of de minimis violations need not be posted.

Any employer who has been issued a citation or notice of proposed penalty may notify the Area Director in writing he intends to contest the citation or proposed penalty before the Review Commission. This notice to the Area Director must be postmarked within fifteen working days of the receipt by the employer of the notice of proposed penalty. The employer’s notice of contest must specify whether it is directed to the citation or to the proposed penalty, or both. The Area Director must immediately forward this information to the Review Commission. Remember, as we discussed above, any notice that remains uncontested after fifteen days will stand uncontestable. So do not delay filing a notice of contest.

Any employee or representative of employees to whom a citation has been issued may file a written notice with the Area Director alleging the period of time fixed in the citation for the abatement of the violation is unreasonable. This notice must be postmarked within fifteen working days of the receipt by the employer of the notice of the proposed penalty or notice that no penalty is being proposed. The Area Director must immediately forward this information to the Review Commission.

If an inspection reveals an employer has failed to correct a violation for which a citation has been issued within the time frame prescribed, the Area Director shall consult with the Regional Solicitor. The government attorney will then notify the employer of the failure and of the additional penalty for this failure. The period for the correction of a violation for which a citation has been issued shall not begin to run until the entry of a final order of the Review Commission for any review proceedings initiated by the employer in good faith, that is, not solely for delay or avoidance of penalties.

The notice for failure to correct will be sent by certified mail or by personal service of the Officer. Any employer who receives a notification of failure to correct may notify the Area Director in writing that he intends to contest such notification or proposed additional penalty before the Review Commission. The same rules apply for other notice of contest, as discussed above.

The purpose for OSHA inspections is the abatement of violations of the Act. This following paragraphs set forth the procedures OSHA will use to ensure abatement. These procedures are tailored to the nature of the violation and the employer’s abatement actions. This applies to employers covered under the Act.

The abatement must be certified. Within ten calendar days after the abatement date, the employer must certify to OSHA that each cited violation has been abated, except where the Officer observes, within twenty-four hours after a violation is identified, that abatement has occurred and notes in the citation that abatement has occurred. The employer’s certification must include, in addition to other requirements discussed below, the date and method of each item abated and a statement that affected employees and their representatives have been informed of the abatement. The appendix of this section, not included in this article, contains a sample letter.

The abatement must be documented. The employer must submit to the Agency, along with the certification, documents demonstrating the abatement is complete. Documents may include, but are not limited to, evidence of the purchase or repair of equipment, photographic or video evidence of abatement, or other written records.

Some abatements require plans. The Agency may require an employer to submit an abatement plan for each cited violation when the time permitted for abatement is more than ninety calendar days. If an abatement plan is required, the citation must so indicate. The employer must submit an abatement plan for each cited violation within twenty-five calendar days from the final order date. The abatement plan must identify the violation and the steps to be taken to achieve abatement, including a schedule for completing abatement and how employees will be protected from exposure to the dangerous condition until the abatement is complete.

Abatement plans may require progress reports. An employer who is required to submit an abatement plan may also be required to submit periodic progress reports for each cited violation. The citation must indicate that periodic progress reports are required and the citation items for which they are required; the date on which an initial progress report must be submitted, which may be no sooner than thirty calendar days after submission of an abatement plan; whether additional progress reports are required; and the dates on which additional progress reports must be submitted. The appendix of this section, not included in this article, contains a Sample Progress Report Form.

Employees must be notified of abatement activities. The employer must post a copy of each document submitted to the Agency or a summary of the document near the place where the violation occurred, or where not practicable, where employee notices are regularly posted. The employer must inform employees and their representatives of their right to examine and copy all abatement documents submitted to the Agency. An employee or an employee representative must submit a request to examine and copy abatement documents within three working days of receiving notice that the documents have been submitted. The employer must comply with the request to examine and copy abatement documents within five working days of receiving the request.

The employer must ensure the notice to employees and employee representatives is provided at the same time or before the information is provided to the Agency and that abatement documents are not altered, defaced, or covered by other material and remain posted for three working days after submission to the Agency.

Certain information is required when transmitting abatement documents. The employer must include, in each submission required by this section, the following information: 1) the employer’s name and address; 2) the inspection number to which the submission relates; 3) the citation and item numbers to which the submission relates; 4) a statement that the information submitted is accurate; and 5) the signature of the employer or the employer’s authorized representative.

The date of postmark is the date of submission for mailed documents. For documents transmitted by other means, the date the Agency receives the document is the date of submission.

There are special tagging requirements for movable equipment. For serious, repeat, and willful violations involving movable equipment, the employer must attach a warning tag or a copy of the citation to the operating controls or to the cited component of equipment that is moved within the worksite or between worksites. Attaching a copy of the citation to the equipment is deemed by OSHA to meet the tagging requirement as well as the posting requirement (discussed above). The employer must use a warning tag that properly warns employees about the nature of the violation involving the equipment and identifies the location of the citation issued. The appendix of this section, not included in this article, contains a sample tag that employers may use to meet this requirement.

If the violation has not already been abated, a warning tag or copy of the citation must be attached to the equipment: for hand-held equipment, immediately after the employer receives the citation; or for non-hand-held equipment, prior to moving the equipment within or between worksites. The employer must assure that the tag or copy of the citation attached to movable equipment is not altered, defaced, or covered (hidden). For the construction industry, the equipment must be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation.

The employer must assure that the tag or copy of the citation attached to movable equipment remains attached until the violation has been abated and all abatement verification documents required by this regulation have been submitted to the Agency; the cited equipment has been permanently removed from service or is no longer within the employer’s control or the Commission issues a final order vacating the citation.

At the request of an affected employer, employee, or representative of employees, the Assistant Regional Director may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest. The settlement of any issue at such conference shall be subject to the rules of procedure prescribed by the Review Commission. If the conference is requested by the employer, an affected employee or his representative shall be afforded an opportunity to participate, at the discretion of the Assistant Regional Director. If the conference is requested by an employee or representative of employees, the employer shall be afforded an opportunity to participate, at the discretion of the Assistant Regional Director. Any party may be represented by counsel at such conference. No such conference or request for such conference shall operate as a stay of any 15-working-day period for filing a notice of intention to contest.

Nothing within 29 CFR 1903 shall preempt the authority of any State to conduct inspections, to initiate enforcement proceedings or otherwise to implement the applicable provisions of State law with respect to State occupational safety and health standards. This means, if the feds have toasted your operations, the State is allowed a second shot at you.

This conversation in a nut: Any business with eleven or more employees must have an open door to federal and State bureaucrats. Therefore, it is imperative to have your business in order at all times because you do not know the day or the hour when they will fall upon you. Take a serious look at your operations and rid your business of unsafe operations and practices where possible. Otherwise, adjust your operations to assure the safest possible working environment for your employees.

For more information, feel free to contact Cougar Gulch Group, LLC using the contact form on the website (at the about page), or by calling Dean at 208-699-6877. The best safety reference manual on the market is located at http://cougargulch.com/workplace-safety-manual-by-cougar-gulch-group/. I hope this has been helpful for you and your business.

U.S. DEPARTMENT OF LABOR WORKPLACE POSTER REQUIREMENTS – ALL

1. JOB SAFETY AND HEALTH PROTECTION (OSHA 3165) – applies to all businesses. [29 USC 657(c), 29 CFR 1903.2]
2. EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW – applies to all businesses with federal contracts or subcontracts, however EEOC has established further requirements that may apply to most or all small businesses. [Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended; 41 CFR Chapter 60-l .42; 41 C.F.R 60-250.4(k); 4 1 C.F.R. 60-74 1.5(a)4]
3. FAIR LABOR STANDARDS ACT (FLSA) – this is the federal Minimum wage poster; businesses employing any employee subject to the FLSA must post this (all small businesses). [29 USC 211, 29 CFR 516.4]
4. UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT – for use by all employers (Veterans’ Employment and Training Service). [38 U.S.C. 4334, 20 CFR 1002]
5. NOTICE: EMPLOYEE POLYGRAPH PROTECTION ACT – applies to all employers. [29 CFR 801.6]

U.S. DEPARTMENT OF LABOR WORKPLACE POSTER REQUIREMENTS – SOME

1. YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT – applies to employers who employ 50 or more employees in 20 or more work weeks. [29 CFR 825.300, .402]
2. NOTICE TO ALL EMPLOYEES WORKING ON FEDERAL OR FEDERALLY FINANCED CONSTRUCTION PROJECTS (Davis-Bacon Act) – all employers with federally funded construction contracts or subcontracts of $2000 or more. [29 CFR 5.5(a)(l)]
3. NOTICE TO EMPLOYEES WORKING ON GOVERNMENT CONTRACTS (Service Contracts Act) – all employers with federally funded services contracts or subcontracts of $2500 or more. [29 CFR 4.6(e), .184]

These lists do not include agricultural employment, special disabilities and special minimum wages and additional notices required for union shops.

OSHA

1. Form 3165 (listed above as USDOL requirement)
2. Form 300A (Summary of Work-Related Injuries and Illnesses) – must be posted from 01 Feb to 30 April every year.

STATE OF IDAHO

1. Idaho Law Prohibits Discrimination
2. Unemployment Insurance Benefits
3. Idaho Minimum Wage Law
4. Equal Opportunity Is The Law – Idaho

This list is in addition to the required federal and OSHA postings.

STATE OF WASHINGTON

1. Job Safety and Health Law
2. Your Rights As A Worker
3. Notice To Employees: If A Job Injury Occurs
4. Unemployment Benefits
5. Washington State Law Prohibits Discrimination – recommended

This list is in addition to the required federal and OSHA postings.

OTHER ITEMS THAT SHOULD BE POSTED

1. The name and contact number for the Employee Safety Representative / Safety Committee Chairman.
2. The day of the week, the time and the location of Weekly Safety Meetings.
3. Copies of the latest MSDS reports.
4. Copies of the minutes of the latest Safety Meeting(s).
5. Copies of the Hazard Assessment and Type of PPE Required worksheet.
6. Copies of the noise exposure procedures – if applicable.
7. The Emergency Care poster – listing the name and contact information of the nearest emergency care facility.
8. The Name, Address and Phone Number of the company workplace.
9. The location of the First Aid Kit(s).
10. The location of the Eye Wash Station(s).

For your convenience, Cougar Gulch Group, LLC has collected the required USDOL, OSHA, IDAHO and WASHINGTON poster into a USB thumb drive, along with our standard forms for managing an efficient safety and accident prevention program. The government forms are in pdf format. The safety administration forms are in docx format, which allows you to edit the forms with company logos and special revisions. To obtain your USB thumb drive, contact Dean at 208-699-6877. The cost is $89.00, which includes 18 regulatory forms and 26 safety administration and management forms, the thumb drive and postage. There is a 6% sales tax ($5.34) for sales within the State of Idaho (No tax to sales in outside States and that is the only benefit you receive for not living in Idaho).

The first paragraph should frame the article, or story. That is, it should describe the reason for the conversation and give arguments for its importance. Then a preview should be given about what the reader should know by the end of the reading – and maybe, a brief outline on how you plan to get there. Tell the reader what they are going to know if they invest their time with you.

The final paragraph should sum up the article, recapping what was previously discussed or the story that was told and wrap it up with a reason to remember the conversation. Also, if you take the first and the last paragraph together, disregarding the intermediate paragraphs, they should make sense, in that, it should read like a two paragraph summary of the entire article.

The individual paragraphs between the beginning and the end should address and describe one point on the journey through the conversation. Don’t mix points, reasons or logical interfaces within paragraphs. Each idea should be expressed distinctly and the flow should be progressive. Some thought, or points, may need to be broken down – into sub-points or multiple paragraphs – to make them easier to digest for the reader. Each paragraph should be a singular argument, or story line, in favor of bringing the reader one step closer to the final conclusion.

Every paragraph begins with a premise and ends completing it. This means, every paragraph should make sense to the reader if the first and the last sentence of the paragraph were read together without the benefit of the guts in the middle.

Unless absolutely necessary, do not begin any paragraph with “I” – even if the article is about you. The purpose of your writing is to draw the reader in. So, even if you are writing an autobiography, write to the reader and not about yourself.

Do not use apostrophes on plurals. These are reserved for possessives only. If the plural is possessive, the apostrophe belongs just to the right of the word (that is, just after the “s”).

Don’t substitute “then” for “than.” If you don’t know the difference between “their,” “there” and “they’re” go back to school. The same thing applies for “to,” “two” and “too.”

Remove almost every instance of the word “that.” Go for at least nine out of ten – just cut them out.

Periods and commas belong inside double and single quotes (see examples in the paragraphs above) all other punctuation belongs outside the quotes. I don’t care what your grammar teacher told you, AP makes the rules and those are the rules. [The Associated Press Stylebook and Libel Manual, Addison Wesley, 1994]

If not absolutely necessary – stay away from big words.

Proofread your article out loud. It will sound a lot different and you will catch more errors than reading merely with your eyes and thought. Your mind creates a multitude of shortcuts for you where the mouth will hold you accountable.

If you borrow something from another article, author or reference, always give credit to it. No singular mind contains the fount of all great ideas – and no one expects it from you. Giving credit is not only a moral obligation; it demonstrates you have gone beyond yourself to find wisdom among others.

Follow these simple rules. I learned many of them the hard way. The most important thing to remember is you are writing to the reader. Use every opportunity to draw the reader in. In other words, speak to the reader. Stay true to the rules here and you will find your readers drawn to you.

We are always working on updates to this manual. So, if you know of a chapter you need that is not yet included, let us know. We will be happy to accommodate your needs. In most cases, there is little or no extra charge.

Most safety administration companies want to sell you a CD for $200. Then you have to hire them or someone else to fill in the blanks and fit the manual to your business. Furthermore, using this service or an online manual leaves your company exposed for neglecting broader compliance issues.

Don’t take chances with worker safety – pickup your copy of Workplace Safety Manual and compare it to any other product on the market. You will be glad you did.

Click this link to download the brochure (pdf file)

Click this link to the Workplace Safety Manual v1.3 by Cougar Gulch Group – on Lulu.com

Get your copy and then call Dean for a consultation for your business – 208-699-6877

Here is a list of categories covered in the Workplace Safety Manual v1.3
Statement Of Safety Goals
Program Outline And Responsibilities
Employee Safety Bulletin Board
Abrasive Blasting
Accident Investigation
Blasting And Explosives
Bloodborne Pathogens
Chemical Hazard: Benzene
Chemical Hazard: Hydrogen Sulfide (HS)
Chemical Hazard: Lead
Clothing And Jewelry
Concrete And Masonry Construction
Confined Space Practices
Demolition
Discipline And Termination
Electrical Safety – GFCI
Emergency Response – Fire Prevention
Ergonomics Protection Program (EPP)
Fall Protection
Forklifts And Materials Handling
Framing – Residential Construction
Guardrails, Handrails And Covers
Hazard Communication – MSDS
Hazwoper – Emergency Response
Heavy Equipment
Housekeeping
Ladder Safety
Lockout – Tagout (LOTO)
Machinery And Tools
Mobile Lifting Devices And Cranes
Mobile Manlifts And Work Platforms
Motor Vehicle Operation
Noise Exposure – Hearing Conservation
Personal Protective Equipment (PPE)
Reporting An Injury Or Near Miss
Reporting Unsafe Conditions
Rigging Equipment
Roof Construction
Safety Committee
Safety Meetings
Scaffold Use
Spray Finishes And Dip Tanks
Steel Erection
Substance Abuse
Traffic Control
Tree Trimming & Removal [Logging]
Trenching And Shoring
Welding, Cutting And Hot Work
Workplace Violence
Appendix A – Safety At Home And Play

After OSHA established the regulation, it became expressed by major groups the residential construction industry needed more flexibility to comply with the regulation. Hence, OSHA issued Instruction STD 3.1 on December 8, 1995. This was to be considered an interim compliance policy and it allowed residential construction employers to use specific alternative procedures instead of conventional fall protection. It was not necessary to demonstrate a prior showing of infeasibility or greater hazard and without a written, site-specific fall protection plan. This was never intended to be a permanent policy.

On June 18, 1999, OSHA issued STD 3-0.1A (STD 03-00-001), which was a plain language replacement for STD 3.1. In this document OSHA clarified, for interim purposes, that residential construction was characterized by wooden materials, as opposed to steel and concrete and incorporated traditional wood framing techniques.

Upon issuing STD 03-00-001, OSHA file an Advanced Notice of Proposed Rulemaking (ANPR), with the following explanation: “OSHA emphasizes that the extensive rulemaking process completed in 1994 established that the fall protection requirements in the rule are reasonably necessary and appropriate to protect employees from the significant risks of fall hazards. Providing such protection was demonstrated to be both technologically and economically feasible. . . . However, because of . . . concerns raised by employers engaged in . . . [certain residential construction] operations . . . we are seeking additional information.”

OSHA received several comments in response to the ANPR from unions, members of the residential construction industry and other interested parties. Some supported the withdrawal of STD 03-00-001, while others opposed the plan to withdraw.

• The United Steelworkers of America “strongly urge[d]” OSHA to withdraw the directive and commented that it did “not believe that the alternative procedures [in the directive] provide any positive protection for residential construction workers.”
• Web-Tech Safety Products commented that “the scale of exemption from fall protection provided under STD 3.1/3-0.1A is no longer necessary.”
• Others, however, expressed ongoing concerns about the feasibility of conventional fall protection for certain types of residential construction work and urged OSHA to retain the interim guidance.
• The Residential Construction Employers Council (RCEC) argued in favor of the “[c]ontinued use of the Interim Fall Protection Standard,”
• The National Roofing Contractors Association (NRCA) “strongly encourage[d] OSHA to keep Directive STD 3-0.1A in effect.” They further argued, in agreement with the NAHB, that the use of personal fall arrest systems for roofing work exposed workers to fall hazards for a longer period of time and created other hazards, such as tripping and burning.
• The National Association of Home Builders (NAHB) (Ex. 3-2453)1 was concerned about a lack of proper attachment points for personal fall arrest equipment during some types of work, asserting that before the completion of a roof system “there is no attachment point for an anchor that meets . . . [OSHA] requirements.” (As noted below, however, the NAHB has subsequently changed its position on STD-03-00-001.) The RCEC (OSHA-S206C-2006-0924-0172) suggested that personal fall arrest cannot be used for the installation of roof sheathing because “multiple anchor points would be required for repositioning and it would create a swing fall hazard due to the amount of rope needed to adequately traverse the roof[.]“

After the comment period ended, OSHA decided to withdraw the interim requirements and posted this statement upon issuing STD 03-11-002.

“OSHA believes that personal fall arrest systems generally can be used safely and effectively in residential construction, including for roofing work. The use of adjustable and retractable lanyards can greatly minimize the tripping or entanglement hazards that the NRCA was concerned about. Such hazards can also be controlled using safe work practices, such as coordinating the movements of workers on the roof. And the Agency is not persuaded by the RCEC’s suggestion that the use of personal fall arrest systems during the installation of roof sheathing exposes workers to swing hazards. If a fall occurs in an established work zone, a properly engineered fall arrest system and safe work practices will prevent the worker from being subjected to a swing hazard. Horizontal lifelines that allow the anchorage point to move along with the worker can also address swing hazards. Finally, based on enforcement experience, OSHA is convinced that fall arrest systems can be used with commercially-available anchors that can be installed without increasing the duration of exposures to fall hazards or impeding production schedules. . .

“OSHA notes that employers in residential construction will often be able to use personal fall restraint systems in situations in which it might be problematic to use personal fall arrest systems. Fall restraint systems can be used effectively to prevent falls by tethering workers to structural members, such as braced trusses and studs. In addition, on sheathed floor and roof trusses, personal fall restraint systems can prevent workers from reaching an unprotected side or edge. Because fall restraint systems are designed to prevent a worker from falling (as opposed to arresting a fall once it occurs) . . .

“In any event, even if there are some isolated residential construction tasks for which it is infeasible or creates greater hazards to use personal fall arrest systems, that does not end the Agency’s inquiry into whether “for most residential construction employers complying with . . . [1926.501(b)(13)] is infeasible or presents significant safety hazards.” Personal fall arrest is just one type of conventional fall protection that can be used to comply with 29 CFR 1926.501(b)(13). Employers can also use guardrail systems or safety net systems. And, as mentioned previously, employers can have their personnel work from ladders, scaffolds, or aerial lifts in lieu of complying with 1926.501(b)(13). . .

“Overall, the comments to the ANPR did not persuade OSHA that “most residential construction employers” would be unable to find a safe and feasible means of protecting workers from falls in accord with 29 CFR 1926.501(b)(13). When OSHA promulgated Subpart M in 1994, it concluded that it was generally feasible for employers to provide conventional fall protection for residential construction work, and OSHA has concluded that the ANPR record, considered as a whole, does not demand a different finding.”

This ruling is effective 16 Dec 2010 and will be enforced beginning 16 Jun 2011. The confusion is removed, the rule is simple. Construction activities six feet or more above lower levels shall be protected by:

1. guardrail systems,
2. safety net systems, or
3. personal fall arrest systems.

Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan. At this point, additional rules apply.