If OSHA determines that an employer’s response to a non-formal complaint is adequate, what options does the employee filing the non-formal complaint have?
Legal Aspects-
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1) If OSHA determines that an employer’s response to a non-formal complaint is adequate, what options does the employee filing the non-formal complaint have?
Your response should be at least 75 words in length
2) Under what conditions can an employee be denied access to the opening conference, walk-around, and closing conference?
Your response should be at least 75 words in length.
3) If the OSHA compliance officer requests documents that are not related to a formal complaint, what options do you believe the employer has?
Your response should be at least 75 words in length.
4) Can an employee request that an attorney or union representative attend a private conference with the compliance officer? If the union demands to have a representative present, does the employee have to comply?
Your response should be at least 75 words in length.
You receive a follow-up call from the area director saying the employee filing the original non-formal complaint has provided additional information about the alleged health situation and submitted a formal complaint using the OSHA-7 form, making the complaint a formal complaint. A few days later, an OSHA compliance officer shows up at your facility to perform a comprehensive inspection. The compliance officer presents the proper credentials, and you verify that the compliance officer is employed by OSHA and assigned to the local office.
During the opening conference, the compliance officer provides you with the formal complaint, alleging that employees are exposed to hazardous concentrations of metal fumes in welding areas of the plant, that you have not performed any air sampling to determine exposure levels, that adequate ventilation is not present in welding areas, and that adequate respiratory protection has not been provided to welders.
As a part of the inspection, the compliance officer requests the following documents:
chemical inventory list;
OSHA 300 logs;
Hazard Communication Program, including training records;
any sampling data that you have;
Respiratory Protection Program, including medical clearance letters and training records;
written hazard assessment for personal protective equipment (PPE) used at the facility;
Safety Data Sheets (SDSs) for the metals you use in the production process and any welding rods/wire used in the welding area; and
any other written programs you have that are required by an OSHA regulation.
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