Risk Management

To assess how safe the restaurant is, the manager should periodically review the restaurant against the Safety Checklist. Correct deficient areas immediately.

The manager should not attempt to make electrical repairs. Instead, a professional should be contacted immediately.

OSHA Requirements

The Williams-Steiger Occupational Safety and Health Act of 1970 created the Occupational Safety and Health Administration (OSHA). The enactment of this legislation created the need for employers to conduct their own “inspections” to ensure that OSHA laws are enforced. It requires the employer to provide each of his employees with a work environment that is free of recognized hazards.

What to do in the event of an OSHA Inspection

If an OSHA inspector calls or visits the restaurant, the manager should be as cooperative as possible.

The manager should follow the simple steps listed below for an efficient, effective inspection:

1.    Check the OSHA inspector’s credentials. The inspector must comply with this formality.

2.    Take the inspector to your desk and go over those records required by OSHA.

3.    Take notes during the tour with the inspector. Since he is not obliged to give you a copy of his report, your notes will help you retrace the inspection tour and any problems that may have been discovered.

4.    If at all possible, make any corrections immediately and in the inspector’s presence. Although the restaurant may still be cited for a violation, it shows eagerness to comply and will be noted by the inspector if a penalty is incurred.

5.    Show your sincerity. Ask questions and answer any questions that the inspector has.

6.    At the end of the inspection, return to your office and go over any notes that you and/or the inspector have made pertaining to the inspection itself. Copies should be sent to the support office.

7.    Contact Risk Management and your Area Supervisor or Key Operator at the conclusion of the visit.

Types of OSHA Penalties

The three types of OSHA penalties are described below. It is important to remember that the vast majority of all penalties fall in the Non Serious category.

1.    SERIOUS VIOLATIONS—Where there is a substantial probability that death or serious physical harm could result from a condition which exists from one or more practices, means, methods, operations, or processes in a place of employment unless the employer could not, with the exercise of reasonable diligence, know of the violation.

2.    Non Serious—Where an accident or occupational illness resulting from violation of standards would probably not cause death or serious physical harm but would have a direct or immediate relationship to the safety or health of employees.

3.    De Minimis—Where a violation of standard has no immediate or direct relationship to safety or health.

If an incident should result in an occupational fatality and/or hospitalization of 3 or more individuals, contact your Area Supervisor or Key Operator and the Support Office within 8 hours of the incident.

Citations

If a violation is discovered, the manager will probably be issued a citation by certified mail. However, this citation may not be received for up to four to six weeks after the OSHA inspection. The issuance of citations comes from the OSHA Area Director after consultation with the inspector and/or review of the inspection report.

Revised: July 2011

Recordkeeping

The Occupational Safety and Health Act of 1970 (OSH Act) requires covered employers to prepare and maintain records of occupational injuries and illnesses. The Occupational Safety and Health Administration (OSHA) is responsible for administering the record-keeping system established by the Act.

What is the effect of worker's compensation reports to the OSHA records?

The rules for compensability under workers' compensation differ from state to state and do not have any effect on whether or not a case needs to be recorded on the OSHA 300 log. Many cases will be OSHA recordable and compensable under worker's compensation. However, some cases will be compensable but not OSHA recordable, and some cases will be OSHA recordable, but not compensable under worker's compensation.

Most employers do not have to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. For example, employers with 10 or fewer employees and business establishments in certain industry classifications are partially exempt from keeping OSHA injury and illness records.

In the event, Fazoli's received notification, your Risk Manager will assist the General Manager in maintaining the OSHA 300 Form.

OSHA 300A Summary

Each restaurant is required to post the 300A OSHA Summary from February 1 to April 30. This summary will list any OSHA recordable incident from the previous calendar year.

Franchise Restaurants

Franchise restaurants must maintain their own records according to OSHA record-keeping requirements.