BOS 3525 Unit I Assignment 1

Unit I Assignment

BOS 3525 Legal Aspects of Safety and Health

Columbia Southern University

Unit I Assignment

Part I

Subject: OSHA Welding Complaint Response Letter

Date: 5/15/2019

To: OSHA Area Director

Thank you for informing me of the informal-complaint. I first want to state that although this complaint was made, I do not think that it was warranted and does not require any further follow-up from your section. I believe this comes down to an issue of miscommunication between the worksite management and the laborers as well as safety training from our prevention department. I plan to take the necessary steps to determine whether this complaint holds any validity by conducting an in-house investigation with our safety representative.

The first step that will be taken is to post a copy of the informal complaint for all of the employees to see so they have the awareness of potential exposures and know we are aware and want to correct any issues. The next step that will be taken will be to investigate these allegations by conducting a walk-thru of the welding section and evaluate the ventilation and compare it to the proper standard to make sure it indeed does meet the requirements outline in 29 CFR 1910.252(c)(2) for the safety and health of our employees. Next, I will schedule air sampling to be performed to get an accurate picture of what the exposures are and compare those to what have been previously conducted. Next, I will take a look at the respirators/”dust masks” being used and verify that they meet the requirements to protect our employees from exposure.

We plan to address any finding by either on the spot fixes or a follow-up plan to eliminate hazards and risks. We will also take a look at our training and safety section to make sure we are taking the appropriate preventive measures in the beginning to avoid any safety and health issue that arise from the lack of training. The safety and health of our workers is paramount in our operations without them we cannot produce the quality product that we are known for.

Part II

References:

• Where does this type of complaint fit on OSHA’s Priority criteria?
  • This type of complaint fits into the third inspection priority of OSHA’s priority list which is the Complaints/Referrals. Employees have a right under the OSH Act to file complaints with OSHA about what they believe are safety and health hazards or violations of OSHA regulations. The complaints can be either formal or non-formal. Formal complaints have to be filed by current employees or a representative of current employees. The formal complaint has to assert that an imminent danger is present or that there is some violation of an OSHA regulation that could cause physical or health harm to occur in the workplace. The formal complaint has to be written, or the form provided by OSHA (OSHA-7) must be completed and signed by at least one current employee or a representative. The employee’s identity will remain anonymous upon request. The non-formal complaint does not meet all the requirements of a formal complaint, (BOS 3525, n.d.).
• What factors could have made this complaint non-formal rather than formal?
  • Formal complaints have to be filed by current employees or a representative of current employees. The formal complaint has to assert that an imminent danger is present or that there is some violation of an OSHA regulation that could cause physical or health harm to occur in the workplace. The formal complaint has to be written, or the form provided by OSHA (OSHA-7) must be completed and signed by at least one current employee or a representative. The non-formal complaint does not meet all the requirements of a formal complaint, (BOS 3525, n.d.). For this specific complaint it is just an allegation from an employee made by voicemail, there was no reference to a written letter or OSHA-7 form being completed for the compliant or evidence to substantiate the claim meaning it did not meet the criteria of a formal complaint.
• What steps could you take as the employer to identify the employee who filed the complaint?
  • First and foremost the complaint process is designed the way it is to keep the complainants anonymous, if an employer did want to identify the potential employee he could conduct surveys in the form of work placement, check with his records section to see if there is any medical treatments or history. Lastly they could just poll their employees in an effort to improve the health of everyone in the work space.
• What factors could result in this complaint being reclassified as a formal complaint?
  • The employee could complete a written form either a letter or OSHA-7 form as well as provide further evidence to strengthen his claim or another employee could come forward with more claims.

  Occupational Safety and Health Administration. (2016). Field operations manual. Retrieved from https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-00-160.pdf

  BOS 3525, Unit I Study Guide OSHA’s Inspection Priorities. (n.d.) Retrieved from https://online.columbiasouthern.edu/bbcswebdav/institution/CSEG_Content/Courses/CSES/BOS/BOS3525/15G/Student/CSU/UnitI.pdf?target=blank

  Occupational Safety and Health Administration. (n.d.). Federal OSHA complaint handling process. Retrieved from https://www.osha.gov/as/opa/worker/handling.html