Jason Caputo: Hello and welcome you are listening to the Alaska department of labor and workforce development podcast series we'll hear all about how the department helps Alaskan workers, job seekers, businesses and communities. Today we're talking about how Alaskan employers can take advantage of the department's consultation and training program. Jason Caputo: I'm Jason Caputo and my guest is occupational health and safety manager Elaine Banda. Elaine Banda: Thank you thank you for having me. Jason Caputo: Yes, let's start just with the basics to get going. What is consultation and training? Elaine Banda: Consultation and training is a branch of the Alaska OSHA program. Most people are familiar with the OSHA program, but what some people don't know is that there is a state and a federal program. And we are the state program. Our main purpose is to provide safety assistance to employers, and help them recognize, evaluate, and prevent workplace hazards. Jason Caputo: Fantastic okay and is there any cost to this to businesses to get the service. Elaine Banda: Absolutely not our services are free and most importantly they are all confidential. Jason Caputo: I could see what that would be really important. We want people to feel comfortable reaching out to us for that kind of help, that's great and. Jason Caputo: Who is this available to? Can anyone request consultation services? Elaine Banda: Well. There is there are some limitations. I just want to cover the brief, the main, limitation. Elaine Banda: First of all we only provide services to small employers who have one or more employees, and our priority is limited, like I said, to small employers. Because typically if you look at our services, well the type of services we provide, in the private sector, it can be quite costly to an employer. Elaine Banda: But that's why we focus on small employers, because our services are free. And you say well what constitutes a small employer? Two hundred and fifty or fewer employees on worksite. If there is like a corporation no more than five hundred corporate wide and we also don't cover it if you are an entity and you fall under a different jurisdiction. Elaine Banda: Like I said earlier we have state OSHA and Federal OSHA. if you're on if you're in the military base. Elaine Banda: That's not going to be our jurisdiction. Elaine Banda: If you do your job site is on the water that's not going to be our jurisdiction. Jason Caputo: So. Elaine Banda: Those are some a brief description of the limitations of who we can provide our services. Jason Caputo: Gotcha, great, so prioritizing small employers and that it is with at least one or more employees, but a cap of two hundred and fifty employees on a worksite. And if they have a corporation, if their member of a corporate situation, it would be a total of five hundred or less corporate wide. Federal type sites, that might not be that wouldn't be us, and some other things. But basically if folks are unsure whether they qualify or not they should probably just contact you guys, and we'll provide that information in on the link to this podcast. Elaine Banda: Absolutely. Jason Caputo: Great okay great so I know that there's also this role that department labor plays in enforcement. Consultation and enforcement are two very different things. And so can you talk a little bit about the difference between those two. Elaine Banda: Yes, although we are under the same umbrella four our agency, we are two totally separate sections. A lot of times people they only when they hear OSHA they only think of enforcement, but they are on aware of the consultation and training services. So I'll briefly go over of three or four of the main differences between the two. Elaine Banda: First of all consultation is strictly voluntary on the employer's behalf. so we, are my consultants can not go into a workplace with out being invited by the employer. Elaine Banda: Once we are invited by the employer, the employer has total control, and they have the right to tell us which areas they want us to look at or which areas not to look at, and even they have the right to terminate the visit anytime. Elaine Banda: Whereas on enforcement it's not voluntary and you know they have sole priority. They can go wherever they want to go in enforcement and consultation we cannot. Elaine Banda: Another major difference is, consultation we don't issue citations or penalties ever. Whereas most people know enforcement does. Elaine Banda: What we issue it has recommendations to fix hazards, to fix the workplace hazards. Now here's the thing when an employer. Elaine Banda: When an employer requests our services the one caveat is that they agree to fix hazards in the workplace. So that's the only thing we would do. Consultation request of the employer, is to fix the hazard to keep the employees safe. Elaine Banda: Now if that employer refuses to fix the hazard and we will reach out to them multiple times. Elaine Banda: We may have to refer to enforcement. I've never had to do that, because most employers are very willing to do what it takes to correct the hazards. Elaine Banda: One of the other difference is at consultation we pride ourselves on building relationships with the community. Like I said our services are free if the employer wants us to come back every year we can do that. We can do follow up and we can do trading type visits to help that employer. To take the necessary steps to keep their employees safe. So those are some of the main differences between the two. Jason Caputo: That's good that were really you know, transparent and clear about that, because we do not want this to be a gotcha service. This should be a service where we're helping but, we have to be really clear, about there may be situations where you're going to. if the employer refuses you know, for whatever reason is not going to address that hazard issue that as you explain there could be some other actions that happened with that but. Let's really be clear on this because we want we want to give the businesses full understanding of what the story is about. Jason Caputo: Can you go a little bit more into the connection between consultation and enforcement, you touched on it but I think there's maybe a little more. Elaine Banda: Sure well our relationship is minimal, so like I said earlier we are under the same umbrella, but we are two totally separate sections so I am the chief of consultation and training, and the chief of enforcement is in a different section. so we do not have the same employee. Elaine Banda: Employers who request our services like I said. Elaine Banda: When we go out they signed an agreement to our services and to abate the hazard. Elaine Banda: I as the chief of consultation, I will do whatever it takes to work with that employer. Whereas in enforcement they don't have that privilege to work with the employer. Elaine Banda: So whatever that employer needs regarding safety I will do whatever it takes. But when that employer as I stated earlier. Elaine Banda: When they just cease communication and maybe give us the impression, that you know, they're not going to abate the hazard to keep employees safe. Only after several attempts, I mean I will do a letter, certified letter, we send voice mails, I'll send email, whatever it takes to keep that communication open with that employer. I will do it, and only after many many attempts if I do not hear back from that employer would I have to refer to enforcement that's new one instance. And I can say on my watch that has never happened. Elaine Banda: And then the other time, there's one other time, where we have our slight relationship with enforement. Elaine Banda: And let's say that employer has received, an inspection by an enforcement officer. So let's say they didn't know about our services and then enforcement just came to their site. Issues citations and penalties because they've identified hazards and then they go to informal settlement agreement that's with the chief of enforcement and that's even enforcement will say. Well you're a small business and I know you're trying hard so I'm gonna reduce your' and this is just an example. Jason Caputo: Sure. Elaine Banda: I'm going to reduce your penalty if you work with consultations right. Elaine Banda: So that chief of enforcement can referred that employer to my section but here's the caveat. That employer will have to reach out to me to say, Hey Elaine I was referred by the chief of enforcement. I will be very happy to say, come on over, fill out the form, let us work with you. So those are the only two times where consultation and enforcement have that intermingling of relationship. but almost part for the most part. Elaine Banda: Enforcement has no idea what we have going on over here, and we have no idea what they have going on there. Jason Caputo: Right. Jason Caputo: So businesses should contact you when they are they are ready to address any issues they want to keep their employees safe, they're committed to making those changes that need, and they want some free help and expertise on identifying what that is to make it easier. And something else I'm hearing, is it fair to say, it sounds like, you know on the one situation if they talk to consultation it is a very employer friendly, business friendly, relationship which you've described. Jason Caputo: And they have more control over the situation. If they don't do something about their safety issues and if enforcement. Finds out about it in the ways that they do, and it's reported in some way, then they have less options. They may get referred to you, especially if they're a small business for that extra care and help, but they may have less options so it's it's really in the business is best interest. Elaine Banda: To work with us. I just wanna make it clear that. We would never, we never send an employer to enforcement just blatantly. only after they've one requested our services, and two demonstrated that they are not going to fix any hazards, that would I keep that employees safe, only then we referred to enforcement. Enforcement they have their own way of doing things which I'm not privy to, but if they just happen to let's say we are working with an employer and enforcement just shows up. Elaine Banda: They'll leave. Enforcement will leave. I mean unless it's an imminent danger or something is very very serious, most times they'll leave. Oh, they're working with the consultation. they'll stop and other benefits mmhm. ########################################### minute 15:38 ########################################### Jason Caputo: So that's really clear, businesses who are ready to get that free help, and ready to take action on the recommendations. It's just out clearly a great service. Let's talk about what is that service that they're getting a little bit more. What specifically can consultation due for an employer. Elaine Banda: Well that's a good question, will we can do a lot. So what happens is our consultants when they go into the workplace, they do a full, or limited, walk through and they identify hazards. Elaine Banda: That's followed up with a written report. We take pictures, we tell the employer what the hazard, is where it's located. We even cite the OSHA regulation that says this is a hazard. And then we make recommendations on what that employer can do to correct the hazard. We can also help employers create their safety and health plans. I know in this era of COVID, we have a COVID template employers can use, if they if they're trying to implement that type of plan. We also have industrial hygienists. Elaine Banda: And what they can do, is free on site monitoring of noise, vapors and fumes so we have all the equipment and our industrial hygienists can go in and that's a good service, because employees need to know if maybe they're noise always level is too high, or maybe they're being exposed to some type of particulates that are unhealthy. So we have the equipment that we can do that. And then we also offer various types of training that will help the employer train their employee. Jason Caputo: That's great I can imagine that you know catching some of these things early, before their injuries, that's going to be a savings for the business as well, in all kinds of ways. That's amazing, I would imagine having all that equipment in those services that would cost a pretty penny if it wasn't offered for free. So that's an incredible value you are offering, And you mention training, can you talk about any specifics, about the training that your program offers. Elaine Banda: Oh sure, well first and foremost we all for site specific training. What that means is, let's say you are the consultant at the work site, and they're asking employees and the employer questions. Every employer says, well no we haven't been trained on scaffolding, or no we haven't been trained on machine guarding. Elaine Banda: We can offer in house training. Elaine Banda: For free, we also offer seafood training for our seafood industry. I have a trainer who can do training on workplace violence, and just understanding OSHA. Elaine Banda: Well I don't know what you are familiar with the ten hour but we offer the ten hour training. Elaine Banda: If an employer wants their employees to get their OSHA ten hour card that can cost anywhere from Eighty nine Bucks a person to a hundred and eighty nine Bucks a person. Elaine Banda: But if you if the employer goes through us for their ten hour card. Elaine Banda: It's eight dollars. Jason Caputo: Wow wow. Jason Caputo: Quite a difference. Elaine Banda: Yes a huge difference in our consultants who are authorized OSHA trainers are authorized through to the University of Washington, and that eight dollars doesn't even though the us, it goes to the University of Washington so they can make the cards and send them up here. So we don't make any money from that. Jason Caputo: Right. Elaine Banda: Right now. Jason Caputo: What the savings that's incredible. Wow yeah, you just listed a whole bunch of benefits from working with this program. Jason Caputo: Is there anything other any other benefits? Or maybe you could summarize the benefits of working with the your program. Elaine Banda: Well there is one other thing I'd like to talk just a little bit about. Elaine Banda: Are we do have what we call cooperative program. Elaine Banda: And. Elaine Banda: It's kind of hard to explain and so on the website https://labor.alaska.gov/lss/ak_chase.htm but let's say you're in the construction industry. Elaine Banda: We have a cooperative program called CHASE. Elaine Banda: And that is specifically for employers in construction, who have an excellent safety record. Elaine Banda: Those employers can apply to be a part of our CHASE program. Elaine Banda: Of you go to the website and look at let's say CHASE, you'll see we are presented with the banner, we have a ceremony, but more importantly those employers that are part of our cooperative program, they get removed from the OSHA inspection let. Elaine Banda: And then, I'll just give an example, so maybe a few weeks ago the OSHA the enforcement officer showed up at a site. Elaine Banda: And then the safety manager said Hey 'I'm part of the VPP program.' Elaine Banda: So the OSHA guy, the enforcement guy called his supervisor, and then the supervisor called me and I verified, yes that is our VPP participant that OSHA enforcement person left. Elaine Banda: So those are some yet really huge benefits. But it's only those employers who have an outstanding safety record, and have worked with us over the years that can qualify. And they do have to fill out an application that is on our website. Jason Caputo: Yeah that's a very important point. It is not that safety is being put in the backseat on those things, it's that these people have already proven they have this track record of safety. That seems to be a theme throughout this whole thing. That that there's really some great benefits for employers to get out ahead of any safety issues. Get the consultation, make the changes that are need, to get all that free service, and then there's all these benefits of not having to deal with that in a more emergency or enforcement situation. That's fantastic. so I guess now we're getting down to the brass tacks here. Let's say a business or employer they're excited about this, they want to move forward and take these wise steps. How did the request consultation services? Elaine Banda: Well there are there are a couple of ways to do that you go to the website we're at https://labor.alaska.gov/lss/oshhome.htm and that's Labor Standards and Safety and that will take them to a site but all they have to do is click on the OSHA link and then we're there. Elaine Banda: The employer is in Anchorage they can call (907) 268 4955 or outside of Anchorage they can call the toll free number at 1 (800) 656 4972 Elaine Banda: And also I know my trainer has some information on Facebook. So they can go to the Facebook link our website. I'm not sure about Facebook, but I do know we're on Facebook and they can look this up there as well. Jason Caputo: Fantastic we'll make sure that that information, the links the phone number, and we'll get some a link to the Facebook page. We'll get that in the description of this a podcast so people can just click on it. Jason Caputo: Yeah thank you so much Elaine for joining us today. Elaine Banda: Thank you for giving me, and giving me the opportunity to promote our program. To get the word out to Alaska businesses that we're here. Just request our services and we're here to help. Jason Caputo: Fantastic, thank you so much. You've been listening to the Alaska Department of Labor and Workforce Development podcast. Jason Caputo: Thank you for listening for joining us. We hope you found the show informative, and that you'll join us for our next podcast.