SCBA Alert: CAL/OSHA Annual Summary Is Due

2012 SAFETY RESOLUTIONS
by Shirley Caraveo, M.S. Safety

With the start of this each new year, businesses need to commit to their safety success. This year is no exception. It is made even more important because of the deep recession we are experiencing.

Safety is one way to reduce overhead expenses. And reducing your expenses is one way of holding out until business increases. Here are several ideas.

Review your Injury and Illness Prevention Plan
The beginning of each year is an excellent time to peruse your document. You should make necessary name, position title, safety and health program and operational changes; which more effectively:

Often times, changes are made so quickly that there may not be time to update your IIPP or your supporting documents as you go along. The beginning of the year is a good time to do so.

The regulation for Injury and Illness Prevention Plan includes 7 basic points, which each business needs to address. These 7 points are as follows:

Note that these points are not the sum total of your safety requirements – they are the points which must be addressed in your basic Injury and Illness Prevention Program document.

Though each of these are basic requirements to assure substantial compliance with Cal/OSHA regulation 3203, there are a variety of options stated under each separate point that your company can use to comply. Review your document to make sure that you’ve used the options best suited to your operation.

Determine what business products and services you will be offering throughout 2012. Then update your IIPP and other safety documentation to address those hazards.

Remember that the purpose of your IIPP is to address your company’s safety and health policies and procedures, in the light of hazards that exist in your operation.  In harsh economic times, companies may be forced to alter their operations by adding products and services, or changing how they do business.

Each change alters the hazard landscape of a business and needs to be addressed. Prior to implementing business or operations modifications, your planning needs to include a safety review for hazards so that they can be addressed ahead of any changes which you ultimately implement.

Performing this review at the start, saves you time and money over the long haul. It not only forces you to consider ways that employees can be injured; it also causes you to consider ways that tools and equipment can be damaged, product/service quality might suffer and other people’s property might be damaged. By mitigating these possibilities from the start, it may assist you in averting profit-sapping problems later.  Since you are completing your OSHA Annual Summary, look closely at the conditions and work practices that actually led to recordable incidents and make sure they are included in your Injury and Illness Prevention Program.  If not, make sure a new program or section is included to address the hazard or behavior.

Determine what business products and services you will suspend, to regain profitability.Then edit your IIPP to reflect your current hazards.

Harsh times may serve to expand operations at some businesses but they may focus others. If there are products or services which you find yourself suspending to regain profitability in the coming year; make sure that your IIPP reflects this change as well. You may be able to suspend certain safety rules and regulations, and codes of safe practices you are currently implementing; simply because they don’t apply to your business at this juncture.

However keep records on those safety processes and operations, close. If you choose to resume these products and services once the economy turns around; these records will be invaluable at restarting your operations.

Review Your Insurance Needs
Each business has several basic lines of insurance coverage which they need to carry to protect them from financial loss:

Your insurance needs may change as you alter your business operations. Determine if your current policies serve your needs for 2012 operations. Consider using a non-admitted carrier to reduce costs: but make sure that the company is financially stable and that they have a good reputation for adjusting and paying claims on a timely basis.  Also, make sure whatever carrier you choose meets the insurance requirements of any owner, developer or general contractor to which you perform work, as you do not want any surprises that the GC does not accept your carrier based upon their insurance requirements.

Inspections, Training, Safety Meetings
These are basic functions for fulfilling the IIPP requirement.
Inspections are not only designed to find problems; they are an opportunity to resolve them before they become a source of injury or property damage. Costs generated from these areas reflect that:

If improved upon, these areas may represent cost savings during 2012.  As is the case with any business problem, identification of the issue is critical in correcting what needs to be fixed.

Employee safety training sessions should be used to cover the scope of existing and any new hazards created within your operations, as a result of changes made. They are also a good opportunity to explain the company’s plans for the year and answer any questions or concerns which may arise.
Safety meetings may be used to discuss the scope of a specific job as well as outline its hazards. These hazards include physical hazards, work hazards, and hazards created by other’s access to the site (multi-employer job sites).   Take a close look at how effective your training and meetings are at actually clearly communicating the issues to the work force.  Ask questions of your people to make sure the message is understood.  If not, how you train and communicate should be modified.

If you are going to be marketing for new types of jobs, your safety meetings are an excellent way to train employees about hazards which they may not have encountered on previous jobs. 

Make Sure That Your Required Recordkeeping is in order:
Document, document, document. If you don’t have a record of your safety efforts, you can’t prove they happened. Keep records for at least one year, unless otherwise stated in Cal/OSHA regulations. 

The start of each year is a good time to address your safety documents as part of your business process, to make sure that they are up-to-date and that they fully address your anticipated operations for the new year.

Review your documentation to make sure that it is being filled out accurately and that your supervisors and leads are making the best use of their time.

Save  Time: Combine Your safety Operations with Your Business Operations
While Complying with Cal/OSHA Requirements for Inspections and Training.
Time is money. It needs to be spent effectively.

Complying with numerous regulations in California may seem daunting but they also make employer’s efforts more profitable.  By forcing employers to plan and consider possibilities of loss from employee injury, property damage or damage to other’s property; the IIPP walks employer’s through the process of managing a business, from a safety standpoint – before anything has been implemented in their actual operations.

The safety management steps included in the IIPP assist employers by training them to root out sources of loss, which may deplete scare financial reserves. If viewed from this perspective, the IIPP is a profitability tool and should be used as such.  A few moments making sure the safety program has kept pace with the operations is vital to assure the health and safety of your workers.  A fatality, a serious bodily injury, an OSHA investigation and inspection are all costs you probably cannot afford, so be proactive so these costs do not apply to your operations.

To obtain more information about General Contractor Specifications for Site Safety Requirements , go to:

S.C.B.A. website: www.socalbuilders.org .
State Fund website: www.scif.com

Ask the Code Consultant
By Chuck Daleo

Q:   I got a call from a client that was pretty upset because my permitted work never got a final.  I checked the file and I found that the inspector issued a TCO and that I only had to install a wheelchair sign next to the front door.  Everything else was OK. 

The inspector had stopped by to check on the job and left a correction notice that said that the permit would be expired if we didn’t get the final within 15 days. This job was two years old and I forgotten about it.

I took care of it but that lead me to check on other work and I found that we had several jobs that hadn’t gotten a final.  What should I do? And, what’s the penalty?

Tony W.

First off, I believe that it’s the contractor’s responsibility to arrange a final inspection.  But, in many cases, the business owner gets approval to open a “temporary” basis and doesn’t become concerned if the job was ever finalized.  This is just a way of life.  Until, that is, something crops up that the final approval would have precluded that from happening.

In this case, the tenant was upset because he felt that he was liable for any additional work but Tony took care of it and this tenant was satisfied to a certain extent.

Tony wondered why the inspector showed up after all these years.  When new work is slow, the inspectors perform “clean-up:” inspections to try to get finals.  I did a lot of that when I was inspecting.  I found all kinds of reasons why a final had not been made. 

In residential uses, a typical problem was trying to gain access into the house to check on the smoke detectors or something simple like a water heater replacement.  We all left notices that an inspection was required and that an adult must be present for us to enter the house or garage when personal property was readily available.

We had to document the visits and when we ran out of options we had to expire the permits.

Once a permit is expired there are many different ways to correct the potential issue of non-approved work and this will depend on each different jurisdiction. 

A permit can be renewed and the fee to do so depends on the adopted fee schedule of each city.  In most cases, the fee is 50% of the original permit fee.

In Tony’s case, the inspector was actually doing him a favor because he gave him time to correct the work and get a final without an additional charge that could have been assessed.

As for his other work, I suggested that he review his files to determine what needs to be done to get a final.  He may also need to visit the building department to get a status on the job.

One of the potential problems with getting the final is that many contractors have told me that it is time consuming because they have to wait for the inspector to show up for the final inspection.  This is why I have lectured to building inspectors that whenever possible they should give a reasonable time frame when they can make an inspection. I always suggest a two-hour time frame and I don’t believe that puts an undue burden on a contractor.

There are potential legal issues involving work that didn’t get a final approval. 

If there is a claim against the work in which there is an injury or damages, the contractor could be liable.  For example, a commercial TI needed a simple ISA (International Symbol of Accessibility) sign posted and an accessibility complaint was filed because of the lack of such a sign.  The violation could be as much as $4,000 and the defendant will probably subrogate that fine back to the contractor who could be found to be culpable and liable.  The sign might cost $15 but the fine would be exorbitant because there is no way for a contractor to recoup the cost. .
Another potential issue is that a complaint could be filed with the State of California Contractor’s Licensing Board.  A licensed contractor must always strive to keep a clean record with the CSLB.  I am not certain but I believe that you should not accept final payment until you have received final approval.  You probably need to check with your attorney on that issue.

Please keep in mind that the building department merely wants to clean up the permit records.  When a TCO (temporary certificate of occupancy) is issued, the City has allowed the tenant to open up for business but it doesn’t relieve you or the owner of the responsibility to get the final.  In many cities, a TCO will not be issued unless a bond is posted and a set of conditions is documented. 

Sleep Deprivation

Whether it’s due to workloads, working side jobs for more income or after work activities the result is the same – many workers are arriving on the job overly-tired or sleep-deprived. Sleep deprivation or fatigue can affect a worker’s manual dexterity, reaction time, and alertness. Worker fatigue or lack of sleep can affect judgment and safety. And workers aren’t the only ones suffering the consequences of sleepiness on the job it’s costing employers money and, in some cases, putting the public’s safety at risk.

Studies show that workers are not only getting less sleep than they should; they’re getting less than they used to. The real danger arises when workers don’t realize they’re tired and go to work as if they were fine. Workers who try to function without enough sleep have a reduced ability to recognize or avoid risks. They have a slower reaction time and fail to make appropriate responses. Their quality and quantity of work is reduced. They have a poorer safety record and they contribute to higher workers’ compensation costs.

Workers should take responsibility for getting enough rest. They should decide how much sleep they need to perform optimally. They should examine their off-work activities to see how they’re impacting sleep. If they feel they haven’t gotten enough sleep to function well at work, they should take a sick or vacation day to recuperate. During their work shift, they should notice when they lose concentration or start to nod off. When they find their attention wandering, they should get up and stretch or walk around or grab a quick snack. Casual chats may help maintain alertness and improve rather than detract of productivity. Since dehydration increases the effect of fatigue, workers should drink more water during the day.

Although workers’ sleep habits are largely out of an employer’s control or even influence, employers need to be aware of the effects of worker fatigue and make adjustments so that workers can do their jobs more safely and efficiently. Although there’s no solution that will apply to all work situations, there are some simple things that employers or supervisors can do about sleep-deprivation on the job. Employers can educate workers on the effects of inadequate sleep and resulting fatigue. They can evaluate their work force and assign tasks to optimize performance and safety. Requiring work beyond a regular shift, if a worker is too tired, may increase the risk of accidents or injuries.

To insure a good night’s sleep, the National Sleep Foundation suggests that individuals should exercise during the day, establish a regular sleep schedule, and relax before bedtime. Before going to sleep, they should avoid heavy meals or caffeine, consume less or avoid alcohol and nicotine, and drink fewer fluids that may disrupt sleep. The Foundation cautions that certain drugs or sleep aids can sometimes interfere with natural sleep.

Worker fatigue due to inadequate rest can affect more than the individual involved. It can have catastrophic safety or financial effects on co-workers, families, businesses, and even, depending on the job, the general public. Workers need to get adequate sleep before going to work. They owe it to themselves and others.

The above evaluations and/or recommendations are for general guidance only and should not be relied upon for legal compliance purposes. They are based solely on the information provided to us and relate only to those conditions specifically discussed. We do not make any warranty, expressed or implied, that your workplace is safe or healthful or that it complies with all laws, regulations or standards.

Privación de sueño

Ya sea que se deba a la carga de trabajo, a trabajar en empleos adicionales para tener más ingreso o por actividades después del trabajo los resultados son los mismos: muchos trabajadores llegan al trabajo demasiado cansados o privados de sueño. La privación del sueño o la fatiga puede afectar la capacidad manual del trabajador, el tiempo de reacción y lo alerta que esté. La fatiga del trabajador o la falta de sueño pueden afectar el juicio y la seguridad. Y los trabajadores no son los únicos que sufren las consecuencias del desvelo en el trabajo: esto les cuesta dinero a los empleadores y, en algunos casos, ponen la seguridad del público en riesgo.

Los estudios muestran que los trabajadores no sólo están durmiendo menos de lo que deberían; están durmiendo menos de lo que lo dormían antes. El principal peligro surge cuando los trabajadores no se dan cuenta de que están cansados y van al trabajo como si estuvieran bien. Los trabajadores que tratan de funcionar sin dormir lo suficiente, tienen una capacidad reducida para reconocer o evitar los riesgos. Tienen un tiempo reducido de reacción y no responden adecuadamente. Su calidad y cantidad de trabajo se reducen. Tienen un peor historial de seguridad y contribuyen a elevar los costos de los programas de compensación a trabajadores.

Los trabajadores deben asumir la responsabilidad de descansar lo suficiente. Deben decidir cuántas horas necesitan dormir para funcionar óptimamente. Deben examinar sus actividades fuera del trabajo para ver cómo están afectando sus horas de sueño. Si sienten que no han dormido lo suficiente para funcionar bien en el trabajo, deben tomar un día de enfermedad o vacaciones para recuperarse. Durante su turno de trabajo, deben notar cuándo pierden la concentración o comienzan a quedarse dormidos. Cuando se dan cuenta de que se distraen, necesitan levantarse y estirarse o caminar alrededor o comer un bocadillo. Una charla casual puede ayudar a mantenerse bien despierto y a mejorar en lugar de perjudicar la productividad. Ya que la deshidratación aumenta el efecto de la fatiga, los trabajadores deben beber más agua durante el día.

Aunque los hábitos de sueño de los trabajadores están bastante fuera del control de los empleadores e incluso de su influencia, los empleadores necesitan estar atentos a los efectos de la fatiga del trabajador y hacer los ajustes para que los trabajadores puedan hacer sus trabajos con más seguridad y eficacia. Aunque no hay solución que se pueda aplicar a todas las situaciones de trabajo, hay cosas simples que los empleadores o los supervisores pueden hacer acerca de la privación de sueño en el trabajo. Los empleadores pueden educar a los trabajadores en los efectos del sueño inadecuado y la fatiga que causa. Pueden evaluar al personal y asignar tareas para optimizar el desempeño y la seguridad. Si el trabajador está demasiado cansado, exigir que trabaje después de un turno de trabajo regular puede aumentar el riesgo de accidentes o lesiones.

Para garantizar una buena noche de sueño, la Fundación Nacional del Sueño sugiere que las personas hagan ejercicio durante el día, establezcan un horario regular de sueño y se relajen antes de ir a dormir. Antes de irse a dormir, deben evitar las comidas pesadas o la cafeína, consumir menos o evitar el alcohol y la nicotina, y beber menos líquidos que podrían perturbar el sueño. La Fundación advierte que ciertos medicamentos o auxiliares para dormir pueden en ocasiones interferir con el sueño natural.

La fatiga del trabajador debida al descanso inadecuado puede afectar más que a la persona en sí. Puede tener efectos catastróficos de seguridad o financieros en los compañeros de trabajo, las familias, el negocio e incluso, dependiendo del trabajo, en el público en general. Los trabajadores necesitan dormir lo suficiente antes de ir a trabajar. Se lo deben a sí mismos y a los demás.

The above evaluations and/or recommendations are for general guidance only and should not be relied upon for legal compliance purposes. They are based solely on the information provided to us and relate only to those conditions specifically discussed. We do not make any warranty, expressed or implied, that your workplace is safe or healthful or that it complies with all laws, regulations or standards.

Kalb's Q&A for Contractors
By David Kalb, President of Capitol Services, Inc.
Kalb's Q&A for Contractors

The waiting is over after more than a decade of demand contractors can form a new ‘structure’ for licensing their business. For many years in CA the State refused to allow Limited Liability Companies (LLC) to be licensed as contractors. With this pent-up demand now released the rush is on at Capitol Services…

Q:  Now that a LLC can be licensed, we would like to transfer our corporation number to the new LLC.  Can this be done?

I have received many questions during the past few weeks related to the new LLC license.  I am familiar with several corporations that were formed for the express purpose of doing business in CA until such a time as the state allowed LLC construction companies to become licensed.  The new law amended Section 7075.1 to allow the transfer of a corporate license “to a limited liability company that is formed by a corporation to continue the business of the corporation subsequent to the cancellation of the corporate entity's license, provided the personnel listed for each entity are the same.”

A potential for problems with this transfer is the corporation will cease to exist and this may call into question ongoing contracts.

Q:  We are looking into the dissolution of our present corporation, and would like to know if we can transfer our contractor’s license to the new corporation.

A: According to B&P Code Section 7075.1, if forming a new corporation you're only allowed to transfer the current license number to the new entity under the following conditions: "...when the parent corporation has merged or created a subsidiary, the subsidiary has merged into the parent corporation, or the corporation has changed its filing status with the Secretary of State from a domestic corporation to a foreign corporation or from a foreign corporation to a domestic corporation.”  For any of these scenarios the formation of the new entity must be to continue the business of the formerly licensed corporation.

Q:  We’re considering offering a gift card to any homeowner who signs up for new flooring during the month of February (amount to be determined).  Do you think this would be acceptable under CSLB rules?

A:  According to B&P Code 7157(b), A contractor or his or her agent or salesperson may give tangible items to prospective customers for advertising or sales promotion purposes if the gift is not conditioned upon obtaining a home improvement contract and does not exceed five dollars ($5).

Unless the offer involves a very minimal gift card, you may instead want to offer a rebate or reduction in contract price because it is not considered “tangible”.

This is based on an Attorney General opinion from 1985.  In response to a question from an Assembly member, the AG concluded, “as an inducement to contract, a home improvement contractor may offer a homeowner cash rebates or discounts on the purchase of products or services”.  This “non-tangible” rebate could include carpeting, painting, cabinetry, or any of several other ‘home improvement’ trades.

Construction News: According to the Associated General Contractors of California (AGC), Governor Jerry Brown’s recently released budget contained welcome news for transportation as it proposed a significant structural change to transportation agencies and continuation of Proposition 1B projects.  For years the AGC has contended that spending on infrastructure has been inadequate to allow for growth and business in CA.  However, according to the AGC’s chief Executive Officer Tom Holsman, “It appears the governor is moving in the right direction in putting California on a path to recovery.”

While knowledge is power, knowing where to go for the answers is half the battle. Get expert assistance immediately when you call 866-443-0657, email info@cutredtape.com, or write me at Capitol Services, Inc., 1225 8th St. Ste. 580, Sacramento, CA 95814. Research past columns at www.cutredtape.com.