CBMDA NEWS

What to do when OSHA comes knocking on your door

 

Many companies fear the day when OSHA shows up at their door - and not necessarily because they feel that they have something to hide. There is simply a lack of understanding of what an employer should do during an OSHA inspection. What they will ask for and what you are expected to do?

Why does OSHA conduct inspections?

OSHA conducts workplace inspections in order to determine if employers are complying with standards issued by the agency for safe and healthful workplaces. Inspections are conducted by OSHA Compliance Safety and Health Officers who are trained in the OSHA standards and in the recognition of safety and health hazards.

Will we receive notice if OSHA is coming?

Actually, inspections are typically conducted without advance notice. Alerting an employer without proper authorization in advance of an OSHA inspection can result in a fine of up to $1,000 and/or a six-month jail term. This is true for both OSHA compliance officers and state inspectors. There are special circumstances under which OSHA may give notice to the employer, but the notice would still be less than 24 hours. Circumstances include, but are not limited to:

Imminent danger situations that require correction as soon as possible;

Inspection that must take place after regular business hours or which require special preparation;

Cases where notice is required to assure that the employer and employee representative or other personnel will be present;

Cases where an inspection must be delayed for more than 5 working days when there is good cause; and

 

Situations in which the OSHA area director determines that advance notice would produce a more thorough or effective inspection.

Can we refuse to let the compliance officer in?

You have the right to refuse to let the compliance officer inspect your premises. However, the inspector will report such refusals to the OSHA Area Director who may initiate the process to obtain a search warrant for your facility.

 

Will OSHA tell us why they are inspecting our operations?

When OSHA comes to your facility, they'll conduct an opening conference in which they explain the reason for the inspection, for example, because of an employee complaint, because the company falls into a high hazard category, or because the business falls into an enhanced enforcement plan.

What types of materials and records will the compliance officer likely ask to see?

You should always assume that the compliance officer will ask to review work site injury & illness and posting of the official OSHA poster. Other records, appropriate to the inquiry, may also be requested, such as written plan and programs, training records, equipment inspection records, or any other records that pertain to the inspection.

For more information about this process & to learn how to appeal OSHA citations go to: www.oshadefenders.com


Thirty percent gain predicted for SoCal home prices by 2012

    Economist Mark Schniepp — made this stunning prediction for the Ventura, Santa Barbara, Orange, and San Diego counties’ housing markets.

By mid-2012, selling values return to 2004 levels, a gain of approximately 30 percent from the lowest levels recorded earlier this year.

    What supports this optimism?

5The gradual increase in selling values in the aftermath of the 2008-2009 recession is consistent with the 1990-95 recession that severely impacted California and prolonged the recovery in home values.

5Prices bounce up because distressed sales no longer dominate the mix of sales and therefore the median selling price after 2009.

5We forecast 20 percent more sales during the second quarter of 2010 than during the second quarter of 2009. Sales continue to expand in 2011.

5The likelihood that mortgage rates will remain competive into 2010 is high.

5The likelihood that credit market conditions will continue to ease is very high. They are already easing now. Mortgage-rate spreads have narrowed and bank lending standards are no longer tightening.

    Already there are hopeful signs in the Southern California economy with a recovery in housing and a rebound in export traffic at the Ports of Los Angeles and Long Beach. The recession is no longer intensifying and private sector labor markets are stabilizing.

 
Steve Ruffner (l) of KB Home and Scott Coler of Capital Pacific   Larry Golnick, E-Z Mix (l); Bill Greuel, Weston Builders Supply Co.; George L. Throop III, George L. Throop, Co. Vice President Allen Litten, El Camino Building Supply.

WOW! What a meeting

Steve Ruffner, KB Home and Scott Coler of Capital Pacific were greeted by a large audience at CBMDA’s General Meeting on September 15, 2009 at the Long Beach Marriott.

The meeting was lead by Vice President Allen Litten, El Camino Building Supply, and moderator Bill Greuel, Weston Builders Supply Co., fielded questions from the audience and asked the panel to discuss several points compiled by the Board of Directors.

The discussion ranged from where and when will the building start, to what type and size of homes, to ecological friendly products expected to be used.

CBMDA members are concerned about the future of their businesses. The consensus from the panel was, "We are at the bottom of the pond looking up." It is predicted to be a slow rise. The homes will be smaller and more efficient.

"It is essential that members of the Association stick together and stay active and participate. Every voice is important," commented a director. "We can get through this – we’ve done it before."

E-Z Mix, Omega Products International and Safety Compliance Company displayed their wares on table tops at the meeting.

The next General Meeting is scheduled for February 9, 2010 at the Long Beach Marriott. Dr. Adibi will be the guest speaker. Dr. Adibi is one of the leading economist in Orange County and a professor at Chapman University.

We need to find out how to stay in business now and plan for the future. Dr. Adibi’s presentation will be specific to California and our industry. We will also have a question and answer period.

He is director of the A. Gary Anderson Center for Economic Research and Anderson Chair of Economic Analysis at Chapman University and received his doctorate degree in Economics from Claremont Graduate University.

His research interests include macroeconomics, financial markets, regional economics and center on analyzing key economic indicators for the U.S. and California economies. 

Dr. Adibi is past president of the Association for University Business and Economic Research. He is a member of the NABE Outlook Survey Panel and Western Blue Chip Economic Forecast Panel, he currently serves on the board of directors of Schools First Federal Credit Union, and is a member of California Controller’s Council of Economic Advisors.

The feedback from Dr. Adibi’s presentation in February 2009 was so positive the CBMDA Board of Directors has asked him back. Don’t miss this important meeting.

Upgrade to LEED?

 
In April 2009 as part of its “LEED v3” initiative, the U.S. Green Building Council (USGBC) launched new versions of its commercial rating systems: New Construction (NC), Schools, Core & Shell (CS), Existing Building Operations & Maintenance (EBOM), and Commercial Interiors (CI). Thousands of LEED-hopeful projects, meanwhile, were previously registered for the earlier version of the applicable rating system—mostly LEED-NC v2.2.

Although projects registered prior to the LEED 2009 rollout are under no obligation to switch to the new system, USGBC is encouraging them to do so by allowing projects to transfer at no additional charge until December 31, 2009.

Should you consider upgrading? LEED 2009 offers:

• A system in which the credit weightings have been evaluated in a more scientific manner, resulting in some LEED categories having more importance—and others less—than in previous versions.

• Use of the most up-to-date industry standards such as ASHRAE 90.1-2007.

• The new LEED Online 3 system with better technical support and improved credit forms.

• Fewer credit interpretation rulings (CIRs) to keep track of, because many previous CIRs have been inserted directly into the new credit requirements.

• No substantial changes to most credits, so you can take most of your existing LEED work with you.

Sticking with pre-2009 systems like LEED-NC v.2.2 offers the following advantages:

• Relying on your design team’s knowledge of the old, familiar system.

• Avoiding the new Minimum Program Requirements (MPRs), which include mandatory sharing of whole-building energy and water data.

• Avoiding the need to reevaluate against newer standards for certain credits. EAc1: Optimize Energy Performance, in particular, needs to be reevaluated against the upgraded ASHRAE 90.1-2007 guidelines, which may involve a new round of energy modeling.

USGBC did not raise the bar across the board for LEED 2009, but it put more emphasis on preventing climate change. That means added points (on the new 100-point scale) for some credits, particularly those for energy efficiency and alternative transportation. The latter are most easily earned by urban projects, so if your project is rural or suburban and not an energy-efficiency standout, you may find yourself working harder to earn points.

For more detailed guidance and information on a handy comparison spreadsheet, see www.leeduser.com/compare/.