Local Enforcement Agency Correspondence

The Department of Industrial Relations/Division of Occupational Safety and Health (DIR/DOSH) Referral Process

Date: August 4, 1999

To: All Local Enforcement Agencies

This document will help Local Enforcement Agencies (LEA) use the California Integrated Waste Management Board’s DIR/DOSH’s draft Model Referral Form and understand the DIR/DOSH referral process.

Overview

In 1997, the CIWMB revised regulations regarding Transfer/Processing Operations and Facilities. The prior regulations contained a number of minimum standards that overlapped the regulatory authority of DIR/DOSH. As a result, the revised regulations eliminated the overlap.

Effective March 5, 1999, both agencies entered into a Memorandum of Understanding (MOU) that clarifies the respective authorities of DIR/DOSH and the CIWMB relating to transfer/processing operations and facilities. The MOU also contains an agreement between the two agencies which allows the LEA or CIWMB inspector to refer worker safety and health issues to DIR/DOSH.

If the LEA or the CIWMB believes that there may be a threat to worker safety and health that is within the jurisdiction of DIR/DOSH, then this condition, activity, or practice may be referred to DIR/DOSH. The DIR/DOSH will act upon the referral as soon as possible, but no later than three working days after receipt of a complaint charging a serious potential threat to worker safety and health, and not later than 14 calendar days after receipt of a complaint charging a non-serious potential threat to worker safety and health.

DIR/DOSH will inform the referring agency, in writing, regarding any substantive determination or action taken as a result of the referral. Nothing in the MOU is intended to obligate an LEA to inspect for or investigate a potential threat to worker safety and health.

The Attached Draft Referral Form

DIR/DOSH asks that LEAs initially report worker safety and health referrals by telephone so that the DIR/DOSH representative can ask the LEA specific details about the potential hazard. Referrals made by fax or mail present a potential risk for misplacement and non-action.

Staff have developed a draft Model Cal/OSHA Worker Safety and Health Referral Form (Word 6.0/95, 18 KB) (Referral Form) and cover sheet. The Referral Form will remain as a draft to incorporate LEA comments prior to finalization this Fall.

Board staff will solicit LEA comments during the Granlibakken Conference, LEA Roundtables, and other meetings attended by LEAs and CIWMB staff. After finalization, LEAs may choose to document telephone referrals by completing the Referral Form. In the future, LEAs may attach the Referral Form to the corresponding inspection form. A reference to the attachment of the Referral Form can be made in the comments/referrals section of the inspection report.

Regardless of the LEA’s decision to use the Referral Form, the CIWMB asks that LEAs voluntarily report DIR/DOSH referrals and corresponding dispositions to the LEA Support Services Section of the CIWMB for the next year. The CIWMB can then monitor the effectiveness of the referral process and assess the need for future training in the area of worker safety and health.

The Referral Form was created in concert with DIR/DOSH. Any substantive future changes to the Referral Form should be approved by the local DIR/DOSH district office(s) of the LEA. If you have any questions concerning this document and attachments, please contact Sue Happersberger, Supervisor, LEA Support Services Section at (916) 341-6383.

Sincerely,

Original signed by:

Julie Nauman, Deputy Director
Permitting & Enforcement Division

1) Draft Model DIR/DOSH Worker Safety and Health Referral Form and corresponding cover sheet (Word 6.0/95, 18 KB)

2) DIR/DOSH Compliance Directory

This ATTACHMENT is not available in electronic form. To obtain a copy of the attachment please contact Sue Happersberger (916) 341-6383.

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