Text For Citation: 01 Item/Group: 001 Hazard:

29 CFR 1926.20(b)(1): The employer did not initiate and maintain accident prevention programs as necessary to comply with this part. (a) Company Office, Mount Hope, WV: On or about April 26, 2024 and time prior, a safety and health program had not been initiated and maintained which addressed the following basic elements: 1. Management Leadership-Management leadership means that business owners, managers and supervisors: - Make worker safety and health a core organizational value. -Are fully committed to eliminating hazards, protecting workers and continuously improving workplace safety and health. -Provide sufficient resources to implement and maintain the safety and health program. -Visibly demonstrate and communicate their safety and health commitment to workers and others. -Set an example through their own actions. 2. Worker Participation-All workers at a worksite should participate, including those employed by contractors, subcontractors and temporary staffing agencies. In an effective safety and health program, all workers: -Are encouraged to participate in the program and feel comfortable providing input and reporting safety or health concerns. -Have access to information they need to participate effectively in the program. -Have opportunities to participate in all phases of program design and implementation. -Do not experience retaliation when they raise safety and health concerns, report injuries, illnesses and hazards, participate in the program or exercise safety and health rights. 3. Hazard Identification and Assessment - To identify and assess hazards, employers and workers: -Collect and review information about the hazards present or likely to be present in the workplace. -Conduct initial and periodic workplace inspections of the workplace to identify new or recurring hazards. -Investigate injuries, illnesses, incidents and close calls/near misses to determine the underlying hazards, their causes and safety and health program shortcomings. -Group similar incidents and identify trends in injuries, illnesses and hazards reported. -Consider hazards associated with emergency or non-routine situations. -Determine the severity and likelihood of incidents that could result for each hazard identified and use this information to prioritize corrective actions. 4. Hazard Prevention and Control - To effectively control and prevent hazards, employers should: -Involve workers, who often have the best understanding of the conditions that create hazards and insights into how they can be controlled. -Identify and evaluate options for controlling hazards using a "hierarchy of controls." -Use a hazard control plan to guide the selection and implementation of controls and implement controls according to the plan. -Develop plans with measures to protect workers during emergencies and non-routine activities. -Evaluate the effectiveness of existing controls to determine whether they continue to provide protection, or whether different controls may be more effective. -Review new technologies for their potential to be more protective, more reliable or less costly. 5. Education and Training - Education and training provides employers, managers, supervisors and workers with: -Knowledge and skills needed to do their work safely and avoid creating hazards that could place themselves or others at risk. - Awareness and understanding of workplace hazards and how to identify, report and control them. -Specialized training when their work involves unique hazards. 6. Program Evaluation and Improvement - Program evaluation and improvement includes: -Establishing, reporting and tracking goals and targets that indicate whether the program is making progress. -Evaluating the program initially and periodically thereafter to identify shortcomings and opportunities for improvement. -Providing ways for workers to participate in program evaluation and improvement. 7. Communication and Coordination for Host Employers, Contractors and Staffing Agencies - Effective communication and coordination among such employers means that before coming on site, contractors and staffing agencies and their workers are aware of: -The types of hazards that may be present. -The procedures or measures they need to use to avoid or control their exposure to these hazards. -How to contact the host employer to report an injury, illness or incident or if they have a safety concern. 8. It also means that host employers and their workers are aware of: -The types of hazards that may arise from the work being done on site by workers employed by contractors or staffing agencies. -The procedures or measures needed to avoid or control exposure to these hazards. -How to contact the contract or staffing firm if they have a safety concern. -What to do in case of an emergency.