Ignorance of the law is the common excuse

In today's ever-changing regulatory climate, your business' ignorance can be very costly. Don't side with the executives who believe they can't afford to hire a dedicated full-time regulatory compliance employee.

Ignoring mandates will cost you more. Hoping to fall between the cracks so that you'll never draw OSHA, EPA, state health or other regulatory agency's attention will not help you when they come knocking.

Companies can come under scrutiny for numerous reasons: an employee complaint; a referral where a customer or client can drop the proverbial dime; a serious injury or fatality; an accident that draws media attention; aggressive enforcement in a particular industry segment; or just the luck of the draw. No matter the reason, the fact is if any of these incidents ever happen, your world would drastically change.

The employee complaint

With the mandatory OSHA 10- and 30-hour training for construction, more workers are aware they have the right to contact OSHA if they feel their job or site is not safe. In many cases, the problem is the safety issue they report may not be an issue at all, just a simple case of ignorance on their part. Or more commonly, a complaint can result from a disgruntled ex-employee looking for retribution. No matter the reason, OSHA is now at your door.

Referrals

There is a great video on YouTube that shows a remodeling company not using the required procedures for working with lead-based paints. It went viral, and was sent to the jurisdictional authority. The contractor underwent an inspection and received heavy fines not for that one job, but for others that did not have the required recordkeeping to demonstrate they had done it right.

Injuries and fatalities

There are few constants in the world but one of them is this if an employee is seriously injured or killed at work you will have a visit, not only from OSHA or the EPA but perhaps also from representing attorneys. These, by the way will more than likely lead to an increase in your workers' compensation insurance premiums.

Accidents and events

You see it on TV every day: a fire at a refinery, a train derailment, a chemical spill that causes the evacuation of a neighborhood or the closure of a freeway. All of these scenarios can trigger inspections from the usual suspects, but also garner the attention of federal agencies such as the Chemical Safety and Hazard Inspection Board, the Department of Transportation and possibly even the National Transportation Safety Board.

Aggressive Enforcement

OSHA uses this tool to identify certain industry segments that experience high incidence rates. Even if your company has a very good record, your business can be scrutinized based on guilt by association.

Luck of the draw

Your company was simply selected for an inspection under no specific criteria. As an example: OSHA visited a company concerning the training and certification of their forklift operators. The business had completed the required training, but there was no paperwork in place to substantiate it. During the visit, OSHA realized this company also operates order-pickers and a scissor-lift. The result? Besides receiving a notice of violation, the business was required to implement a fall-protection and rescue plan.

So how does this all tie into not knowing about the requirements? Simple. When an agency knocks on your door, they will be asking for programs, equipment or proof of training on the usual boiler-plate requirements but also for little known mandates or recent changes in the regulations. In October 1993, the State of Nevada passed a law requiring all employers to create a site- or company-specific written workplace safety program (or WWSP) and to provide all employees with a pamphlet or to have them watch a video explaining their rights and responsibilities as it pertains to workplace safety. As the TMCC Safety Center manager, I routinely find that clients will give me a quizzical look when I ask to see their WWSP. After the sound of crickets dissipates, their most common responses are "What are you talking about" or "When did this happen?"

Many are still unaware of the recent changes to the Hazard Communication Standard, the changes in fall protection in residential construction or that conducting certain activities in the State of California means wrestling with California's Zero Tolerance for Lead mandates. Many Nevada contractors hold dual licensure for Nevada and California and are not aware of this little known state-specific mandate. "Well, that's not the way we do it in Nevada" is not a viable excuse.

Companies not only need to know what mandates are currently required, but what is looming on the horizon as well. It's always easier to be in the lead than to be playing catch up. Here are two areas to watch for. The American Society of Heating, Refrigerating and Aid-Conditioning Engineers (ASHRAE) will soon be mandating written Legionella Risk Management Plans. This is referenced under the ASHRAE 188 Standard. These plans are based on an existing system known as Hazard Analysis and Critical Control Points. The other area is the US EPA's consideration of expanding the focus of the Renovation, Repair and Painting requirements to include commercial buildings as well as the existing mandates that affect pre-1978 residences and child-occupied facilities.

So, why should a company hire a person whose job involves researching and updating plans, programs and trainings? I can think of a few: fewer possibilities of accidents and injuries, less risk of being fined for non-compliance, lower insurance premiums and even the stigma of bad publicity. In today's world of ever-changing rules and regulations, if you are ignorant of the rules, then it's a good bet you are also in violation.

Scott Alquist is the manager of Truckee Meadows Community College Safety Center. Contact him at salquist@tmcc.edu or 775-857-4958.