okay so this is safety legislation part two and I do want to mention with regard to an inspection that this can happen at any time OSHA does not typically give you a call ahead of time and tell you that they're going to come they will just show up whether this is an inspection because of a complaint or something like that or if it's because of a fatality you know they're going to be coming you just don't know exactly when but they do happen now inspections when we do look at that these are kind of the priority to OSHA the first one's going to be imminent danger and in OSHA's words it is imminent danger is a result of an inspection where there is reasonable certainty that hazards exist and expose employees to unnecessary risk now this can be by a complaint or this can be by other type of means it can be by a story on the news or in the newspaper or something like that if they're driving by someone else notifies them but if they call an imminent danger it's going to be something that's going to be very persistent is going to be imminent and they're going to do this fairly quickly the second one is going to be a fatality or catastrophe now this is going to be reported to OSHA hopefully by the employer with an eight-hour period as we talked about previously also – they hear about this sometimes on the news and so they know that hey we haven't seen anything come across or on this because they get daily updates on these fatalities or any type of hospitalization that type of thing and so this is somewhere where they may come out and see you even though you haven't reported at to OSHA and should have when we look at it the third is going to be complaints and/or referrals and this is going to be a complaint by an employee we filled out one of those in our intro to OSHA and so we know what that looks like and that could be the complaint or it can be a representative or someone has said hey you know there's something bad going on in this we need to look at this maybe like a person another person driving by or something the fourth is going to be a program inspection and this can be based on number of deaths in a specific injury or injury and illness incident rates in this industry and so it kind of has to do with that once again those are going to be those national and regional emphasis programs on that the last one is going to be and this is not mentioned on here is going to be a fifth inspection priority now this is going to be a follow up to any of this first through the fourth and what happens is ocean will give you a specific amount of time to respond to any type of citation that they give you and once they give you that amount of time they can come back and inspect it and it's called a follow-up inspection and they follow-up to see whether you did what you were going to do you said you were going to do and if you actually made those changes they can go ahead and come back and so that would be the fifth type of inspection and that's not listed specifically on here now the inspection process essentially what happens when they show up they will show you their credentials and I would go ahead and ask for these so if they do not show them to you they're pretty good about that they will go ahead and ask to be speak to whoever the person in charges on this and so if the HR department is in charge of this they will ask to speak to them if it's going to be a safety manager or something they will speak to them it doesn't make a difference if your safety managers not there you can tell them that but you should as a employer have a back up to what happens if the safety manager is not there or the person in charge is not there because they can come at any point in time and they will come within normal working hours and so you would be able to see them during those normal working hours and typically it's going to be as I mentioned without prior notice they're just going to show up and be at your door they will have an opening conference and during that opening conference they will tell you exactly what they are looking for on that what why they have come to speak with you they will tell you exactly what documents they want to see that type of thing if they want to see a specific area as well and what will happen is that then they will say okay I need these documents the majority of the time they will go through documents first and then go out and do an on-site inspection I do want to mention that you want someone there at all times with the OSHA inspector don't leave them by themselves especially on the floor if you're gathering documents or something like that make sure that you put them into a conference room where they can have their privacy and then also not be interrupted by other employees and that type of thing do also make sure that you gather just the information that they request if they are asking for information for example on forklift training and just give them the information on the forklift training don't give them like all your training information and it just kind of opens another bag of worms that you as an employer don't want to do the other also thing is that they asked for your programs make sure you bring them specifically the programs that they want you can write up a checklist or they may have a checklist that you can look off of and say okay I will go gather these information but don't leave them waiting for long periods of time and give them something to look at while you're gathering the information as an employer also – they will assume that you know the law you know what you're supposed to be doing and so do make sure that you know you're you or someone else who is very knowledgeable is with them at all points in time um if they go out and do the inspection on the floor do make sure that there is someone with them at all points in time for that they can ask to speak to employees by themselves and an employee can ask to speak to the OSHA inspector buy-ins I've never had that happen but it does happen and you do have to I'm just I would step aside within you know without hearing distance that type of thing and then as soon as that is finished then you know ask them if there is anything that you need to do with regard to that but they will at the very end have a closing conference with you they will go through everything that needs to happen and they will tell you specifically what your what your citations are going to be now the citations there's different types of citations the first one is going to be a willful and this is going to be with regard to someone actually knowing the employer knowing that the violation was out there and they just said oh the heck with that we're just going to go ahead and do it now the new penalties that went into effect on January 23rd the for the willful was one hundred and thirty two thousand five hundred ninety-eight and this is for each willful violation the second is going to be a serious or other than serious as serious is when there could have been a large probability of death or physical harm and that the employer knew or should have known of that hazard and the mandatory penalty for the serious violations are thirteen thousand two hundred sixty and other than serious violation this doesn't have to do with the safety and health of employees but this does have to do with the regulations that are out there and when we look at that this can be a lot of different things other than serious when we think about record-keeping or having a poster or something with regard to that this would be that violation and once again this is thirteen thousand two hundred and sixty now our impeded violation this is to be when we start looking at it is something that's happened previously and one of the things that I have to mention with regard to the as if your company has several entities that are out there I'm not sure what that went that back one that way if you have the other entities that are out there you do want to make sure that you know what's going on within that company because it could cause a repeated violation and once again this is going to be that thirteen thousand two hundred and sixty now these violations have gone up quite a bit within the last few years these are tied to the let's say that's not a cost of living but it will go up on a yearly basis with inflation and so we will see these increase every year so do make sure that you're kind of knowing what those final penalties are and once again these will change now the other thing that we can do is this is something for the employer the employer has for 15 working days from the receipt of the citation to submit any objections and typically this citation is going to be told to you during that closing conference and secondary they're going to send a PDF file of a letter which will state all of those regulations after that report is written you can go to an appeals factor with this and there's been several times where employees have done this I've done this myself to kind of say hey yeah we were doing this but you know we want to make sure this is lesson so when we look at these violations and these violation numbers here they can go down and just to kind of mention that just because a willful violation is a hundred and thirty two thousand we may end up paying only a certain amount of money with regard to that and so that does happen quite often and when it goes through an appellate process now once again we do have those state programs that are out there Oshin does fund fifty percent of that program but the other fifty percent comes from the state we are in Kansas in region 7 and we are not a state plan but in order to go to the state plans let me go to this real quick and we can look at the state plans not there sorry this is kind of going to a different different different area pologize to that I'm not sure why it was doing that okay so here are the state plans it goes to the length of those and so if we wanted to go to Majer New Jersey we could go to the New Jersey Plan that way then we can find out well I guess we can on this I'm not having very much luck with this am i but we can go to a state plan and we can see exactly what what that is here's one that actually worked okay and so this would be a state plan it would be different than the federal plan as I'd mentioned previously and we do want to make sure that we follow whatever plan a plan and entity we're actually in um as I mentioned earlier I'm not as though also has the when we look at the route let me start over as I mentioned earlier NIOSH is the research leg of OSHA they also have a OS HRC which is the Occupational Safety and Health Review Commission that goes under the those 11c information as well as any type of appellate decisions that are out there this is the NIOSH website it is under the CDC and we can go under the research programs go in to see any type of about NIOSH that type of thing now once again they will have different exposure limits and everything underneath NIOSH but we are only required by law to follow OSHA and that is where OSHA gets that information now just to kind of go over the OSHA website here which is not coming up for some reason not having very good luck here on the OSHA websites here today ok this is under OSHA gov you can learn more about OSHA under this tab here when we look at it you also have the worker rights that you can go under file your complaint anything here the employer and this is where we can see what our employer responsibilities are that type of thing and then here we can go up underneath the standards another area that is very good to know about is the training to go under excuse me the training we can get a lot of information here as well as under news and resources under the publications so just kind of keep that in mind when you're looking at the information for that so for the most part that is all for the safety legislation I do want to make sure that you understand those videos and then also a couple of other links are in there for you under modules and with that I will bid you adieu thank you