closing conference the compliance officer shall confer with the general contractors and all...
TRANSCRIPT
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Closing Conference
• The compliance officer shall confer with the general contractors and all appropriate subcontractors or their representatives, together or separately
• Employee representatives participating in the inspection shall also be afforded the right to participate in the closing conference(s).
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Closing Conference
• Attempt to advise each employer of all the apparent violations disclosed by the inspection to which each one's employees were exposed, or violations which the employer created or controlled.
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Assessment of Civil Penalties
• Section 35(1) of the Act provides that any employer who receives a citation for an alleged violation which is determined to be of a serious nature shall be assessed a civil penalty of not more than $7,000 for each violation.
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Reduction of Civil Penalties
• Section 36(1) of the Act provides that the civil penalties can be reduced taking into consideration:– Size of the business– Good faith efforts– History of previous citations
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Probability Assessment
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Severity Assessment
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Gravity-based Penalty
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Gravity-based Penalty
SEVERITY PROBABILITY GBP GRAVITY
High Greater $5,000 (or $7,000)
High*
Medium Greater $3,500 Moderate
Low Greater $2,500 Moderate
High Lesser $2,500 Moderate
Medium Lesser $2,000 Moderate
Low Lesser $1,500 Low
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Reduction for Size of Business
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Reduction for Size of Business
EMPLOYEES (nationwide)
PERCENT REDUCTION
1-10 80
11-25 60
26-100 40
101-250 20
251 or more None
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Reduction for Good Faith
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Reduction for (no) History
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Adjusted Penalty
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General Policy for Penalties
• Penalties are not designed to be punitive.
• The legislature has made clear its intent that penalty amounts should be sufficient to serve as an effective deterrent to violations.
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Post-citation Procedures
• Appeal not pursued
• Appeal
• Informal settlement agreement (ISA)
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Informal Settlement Agreement(ISA)
• This informal agreement is a way to reach correction of hazards at the earliest possible opportunity and reduce the need for appeals.
• The employer must sign the ISA within 15 working days after receiving the citation.
• Penalty can be reduced up to 60%.
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Reduction in Penaltywith
Informal Settlement Agreement
• 60% reduction of $6,600 = $2,640.
• 60% reduction of $14,000 = $5,600
• Employer must provide proof of correction to obtain 60% reduction.
• Otherwise, 50% reduction is the standard reduction.
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Appeal
• Within 15 working days after receipt of a citation and proposed penalty (if any), an employer may petition the department for a grant of additional time for compliance, modification, or dismissal of the citation or proposed penalty.
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Proof of Correction(Abatement Documentation)
• Abatement documentation may be submitted in electronic form.
• The abatement documentation will be evaluated by MIOSHA for adequacy.
• A MIOSHA representative will contact employer, if additional documentation is need to prove correction.
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Payment of Penalty
• Monies from penalties are deposited into the State of Michigan General Fund.
• Payment plans are available.
• The Michigan Department of Treasury handles debt collection on behalf of MIOSHA.