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Compliance & Enforcement
The State of Connecticut Labor
Laws and Regulations
(31-374 et seq) authorizes CONN-OSHA to conduct workplace
inspections
to determine whether public employers are complying with
standards issued by the Connecticut Department of Labor for safe
and healthful workplaces. The inspections are normally conducted
without advance notice. In fact,
alerting an employer without proper authorization in advance of
an inspection can bring a fine up to $1000.00 and/or a 6-month
jail term.
Public
Employee Complaints
Public sector employees (i.e. municipal and state agency
employees) and representatives of public sector employees are afforded the
opportunity under Section 31-374(f)(1) of the Connecticut Occupational
Safety and Health Act to request, in writing, a workplace inspection by
CONN-OSHA if the employee(s)/representative(s) believes
one of the following:
-
A Violation of a Safety or Health Standard Exists
that Threatens Physical Harm.
-
An Imminent Danger Exists.
NOTE: Provisions under the Connecticut Occupational Safety and Health Act
protect public sector employees from being discriminated against
for filing complaints with CONN-OSHA. The specific legislation
is codified as
Labor Law Sec. 31-379.
File complaint online - CONN-OSHA Online Complaint Form
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What
Employers Should Expect During an Inspection
1. When the CONN-OSHA compliance officer arrives at your
workplace, (s)he will display official credentials and ask to meet an
appropriate employer representative. You should always ask to see the compliance
officer's credentials.
2. The compliance officer will conduct an opening
conference to explain the purpose of the visit, the scope of the inspection, and
the standards that apply. You will be given a copy of an employee complaint that
may be involved (with the employee's name deleted, if the employee has requested
anonymity).
NOTE: An authorized employee
representative is given the opportunity to attend the opening conference and
to accompany the compliance officer during the inspection.
3. After the opening conference, the compliance officer will
proceed through your establishment to inspect work areas for
safety or health hazards.
NOTE: Employers are required to provide access to
the following:
•
Personnel and Union Representatives.
•
Injury and Illness Records.
•
Safety and Health Programs.
•
All Work and Storage Areas.
4. At the conclusion of the inspection, the compliance
officer will conduct a closing conference to discuss all unsafe
or unhealthful conditions observed. The inspector will also
indicate apparent violations for which citations and proposed
penalties may be issued or recommended.
5. After the compliance officer reports findings, the
CONN-OSHA director will determine whether citations will be issued and whether
penalties will be proposed.
6. A written notice of citations and proposed penalties
will be sent to you by certified mail.
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Helpful Hints
For Employers
-
Have a person knowledgeable in safety and health accompany
the compliance officer to take notes regarding the alleged violations. Since no
citations or penalties are issued at the time of an inspection, note taking
during an inspection is useful in beginning the abatement process before the
citations are received by mail.
-
Some apparent violations detected by the compliance officer
can be corrected immediately. When they are corrected on the spot, the
compliance officer records such corrections to help in judging the employer's
good faith in compliance.
-
During the closing conference, you may want to produce
records to show compliance efforts and to provide information that can help
CONN-OSHA determine the time needed to abate an alleged violation.
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Employer
Options After An Inspection
After an inspection you may take any of the following
courses of action:
1. Request an Informal Conference
with the CONN-OSHA Director within 15 working days from the date
you receive a written notice of citations and proposed penalties.
2. Abate the hazards identified and pay the penalties
associated with the hazards (if applicable).
NOTE: Hazards classified as Other
do not have penalties.
3. Contest in writing any or all of the following within
15 working days from the date you receive the written
notice of citations and proposed penalties:
•
Citations
•
Proposed penalties
•
Abatement dates
NOTE: It is suggested that an informal conference be held prior to
contesting (in writing) citations, proposed penalties, and/or abatement dates.
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Informal
Conferences
An informal conference gives you the opportunity to do the
following:
•
Ask for penalty reductions.
•
Resolve disputed citations and penalties.
•
Discuss ways to correct violations.
•
Establish alternate abatement
dates.
NOTE: Informal conferences must be scheduled within 15 working days from
the date you receive the written inspection report.
NOTE: Informal conferences do not take the place of
filing a written notice if you desire to contest citations, proposed penalties,
and/or abatement dates.
The following actions will increase your likelihood of
receiving a penalty reduction:
•
Demonstrating enhanced procedures and accountability for
self-monitoring to prevent recurrence of same and similar conditions may result
in a moderate reduction.
•
Demonstrating improved, periodic self-inspections of
facilities to prevent repetitive-type safety and health hazards and eliminate
the introduction of new potential hazards into the workplace may result in a
substantial reduction.
•
Committing to a comprehensive safety and health program which
includes strong management leadership, accountability, follow-up, and employee
participation may result in a maximum reduction.
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Informal Conference Preparation
The following are recommendations for Informal Conference
preparation:
Begin putting corrective actions in place before the
conference. If you are aware of the violations, you can begin abatement as soon
as possible; you do not have to wait until the citation is received.
At the informal conference, provide evidence of the
corrective actions that have been or are being taken to abate the violations.
Evidence can include items such as the following:
Purchase orders.
Photographs of corrections
Drafts of safety and health programs.
Documentation of employee training.
Documentation of policies or procedures being implemented to
assist in complying with the citations.
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Distinction Between Compliance and Consulting
-
CONN-OSHA enforces state occupational safety and health
standards only in municipalities and state agencies.
-
CONN-OSHA offers consulting services to state agencies and
municipalities as well as to private businesses in Connecticut. There is no cost
for consulting services.
-
There is no exchange of information between CONN-OSHA
consultants and compliance officers. If consulting services are in progress, a
compliance officer typically will not go to that site unless one
of the following occurs:
-
An employee makes a complaint.
-
A death occurs at that site.
-
One or more individuals are hospitalized as a result of one
particular incident.
-
Penalties and citations are not issued as a part of the
consulting program.
-
On rare occasions, if the designated representative of your
state agency/municipality will not comply with the corrective timetables agreed upon by both parties,
the consultant may refer the case to the CONN-OSHA Director. The Director may
refer the case to enforcement when all options are exhausted.
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Last Updated:
December 21, 2021 |
