OSHA Response Time
- Thread starterAmiers
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Les
Well-Known Member
It can be. In what context were you cutting trees?
Amiers
Renting to Corporate One Fixture at a Time.
That's the thing really wasn't a tree but more of a branch that fell on one of the pasture fences. We have one guy that keeps up on the way the place looks and if he needs anything we make sure he has it. The boss is convinced he called it in, but I feel like it being a governed body it would take weeks to get to any kind of small complaint like that. However, from the fax we got it was a same day complaint, today, which we weren't even doing anything with trees.
Thoughts are he was being spiteful about something. Generally he just comes to me about stuff and I make it happen.
Thoughts are he was being spiteful about something. Generally he just comes to me about stuff and I make it happen.
Les
Well-Known Member
OSHA can be pretty quick on their feet - especially if you have a bored local office - but you're right; priority responses usually go to more serious violations. I'm having a hard time coming up with any kind of serious violation related to cutting a tree limb on the ground, so you probably don't have much to worry about as far as escalation (just reform where needed). Most commonly, vague call-in complaints are levied against construction sites with clearly insufficient protocols in place, such as lack of fall protection for employees working at height, etc -- basically blatant violations which are site-related. If it's more detailed, there might be a rat in your kitchen, which is their right after all.
Very strange indeed.
Are you (or are we) privy to know what the complaint entailed, and what the follow-up might be? OSHA warnings generally go in to a bit of detail over what went wrong and where.
Very strange indeed.
Are you (or are we) privy to know what the complaint entailed, and what the follow-up might be? OSHA warnings generally go in to a bit of detail over what went wrong and where.
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Amiers
Renting to Corporate One Fixture at a Time.
I took a picture of our chainsaw with the guard on it, I don't know any chainsaw these days without one. We sent them back a formal letter following some guidelines from ishn.com
As far as a safety plan, I don't really know what I could tell someone besides , be careful, I mean operating a chainsaw is pretty cut and dry. The guy that does our outside work even has his own saw, it's not working right now, so he knows how to use one.
PPE is just common sense. Which means now I have to sit adults down and teach PPE.
As far as a safety plan, I don't really know what I could tell someone besides , be careful, I mean operating a chainsaw is pretty cut and dry. The guy that does our outside work even has his own saw, it's not working right now, so he knows how to use one.
PPE is just common sense. Which means now I have to sit adults down and teach PPE.
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This is an instance where OSHA does not intend to inspect your work site (which is consistent with this being a low-priority complaint). However, cut-resistant PPE is required to be provided by the employer.
The remark about a tree-cutting plan would indicate to me that it was an employee-based complaint. General public would not be privy to the existence of such a plan, though someone could infer one does not exist if it doesn't appear appropriate PPE and precautions are being taken.
It doesn't taken an employee to file a complaint though. An OSHA inspector could be driving down the highway and spot hazardous work being performed, or a safety-oriented member of the general public could see it and call it in.
In general, you (as an employer) are responsible for your employees, whether they express health and safety concerns to you about their work or not. It's certainly more egregious if they ask for PPE or safety precautions and they are refused, but whether they ask or not does not change that you are responsible for their well-being.
In that regard, it's a bit of a moot point if your employee filed the complaint or not. So long as there was truth in what the complaint contained, it needs to be addressed.
I would recommend emphasizing to your staff that at any time if they feel their work is unsafe or that they should have additional PPE or that additional precautions be taken in their work, that they should come to you and say so. That way, if you should ever incur an OSHA investigation, you have at least a little ground to stand on if an employee files a complaint about something that they didn't first come to you with. Having a general umbrella safety plan like "If you see something, say something" helps curb some of the more oddball issues like tree-cutting that are better addressed on a case-by-case basis. The case-by-case basis only works though if your employees know they can come to you with their concerns.
The remark about a tree-cutting plan would indicate to me that it was an employee-based complaint. General public would not be privy to the existence of such a plan, though someone could infer one does not exist if it doesn't appear appropriate PPE and precautions are being taken.
It doesn't taken an employee to file a complaint though. An OSHA inspector could be driving down the highway and spot hazardous work being performed, or a safety-oriented member of the general public could see it and call it in.
In general, you (as an employer) are responsible for your employees, whether they express health and safety concerns to you about their work or not. It's certainly more egregious if they ask for PPE or safety precautions and they are refused, but whether they ask or not does not change that you are responsible for their well-being.
In that regard, it's a bit of a moot point if your employee filed the complaint or not. So long as there was truth in what the complaint contained, it needs to be addressed.
I would recommend emphasizing to your staff that at any time if they feel their work is unsafe or that they should have additional PPE or that additional precautions be taken in their work, that they should come to you and say so. That way, if you should ever incur an OSHA investigation, you have at least a little ground to stand on if an employee files a complaint about something that they didn't first come to you with. Having a general umbrella safety plan like "If you see something, say something" helps curb some of the more oddball issues like tree-cutting that are better addressed on a case-by-case basis. The case-by-case basis only works though if your employees know they can come to you with their concerns.
Les
Well-Known Member
I agree with @MNicolai 's post. My suggestion is to read up on chainsaw safety, see where OSHA stands on it, and retrain from the ground up. Acquire any additional PPE if needed, train on how to don/doff and use said equipment, and analyze any opportunities for engineering controls (how to make the job inherently more safe). As you know, you can't punish anyone over this as they are covered by the whistleblower act. And of course, reiterate your open door policy regarding complaints, concerns, or suggestions. 
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