Action 13.
Regular Board of Supervisors Meeting
Risk Management
- Meeting Date:
- 09/29/2020
- Title:
- Industrial Commission of Arizona Division of Occupational Safety and Health Informal Settlement Agreement
- Submitted By:
- Sharon Gilman, Board of Supervisors
- Department:
- Risk Management
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Julie Morales
TITLE
of PRESENTER:
of PRESENTER:
Director, Risk Management & Safety
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve the Informal Settlement Agreement from the Industrial Commission of Arizona, Division of Occupational Safety and Health, in the matter of Cochise County - Douglas Road Yard, OSHA Numbers T3633 1472337.
Background:
On April 6, 2020, an incident occurred at the Douglas Road Yard resulting in an employee fatality. The Arizona Department of Occupational Safety and Health (ADOSH) performed an investigation and inspection of the workplace. This inspection resulted in citations and penalties issued on August 3, 2020. The citations noted that procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities related to inspecting and cleaning dump door of the Manac brand Semi Trailer. The penalty was assessed at $2,500. Other citations related to inspection of energy control procedures and training on energy control procedures. These citations did not have an assessed penalty.
Following the issuing of the citations, staff engaged ADOSH in an informal settlement discussion regarding the steps the County has taken since the incident related to procedures, training and documentation. Instead of paying the penalty to ADOSH, staff proposed the County dedicate the penalty amount plus an additional funding match to internal safety training. As a result, the attached Informal Settlement Agreement is presented for Board approval. Of note, all citations stand, however item 4 (a) deletes the $2,500 penalty payment.
Following the issuing of the citations, staff engaged ADOSH in an informal settlement discussion regarding the steps the County has taken since the incident related to procedures, training and documentation. Instead of paying the penalty to ADOSH, staff proposed the County dedicate the penalty amount plus an additional funding match to internal safety training. As a result, the attached Informal Settlement Agreement is presented for Board approval. Of note, all citations stand, however item 4 (a) deletes the $2,500 penalty payment.
Department's Next Steps (if approved):
The agreement will be sent to ADOSH and the matter will be considered closed. Risk Management use dedicated funds for safety training on this and other important subjects to Public Works personnel.
Impact of NOT Approving/Alternatives:
The County will pay the $2,500 penalty to the Industrial Commission rather than using the funds locally to support training initiatives.
To BOS Staff: Document Disposition/Follow-Up:
Send signed agreement to Risk Management for proper routing back to ADOSH.