Unit I Assignment Hi Jerry! This is your OSHA’s Area Director. We received a non-formal complaint recently from one of your current employees. The complaint alleges that employees there are performing welding operations on stainless steel in an area with inadequate ventilation. This employee also states that they frequently “cough up” black sputum, and that they are worried about the health consequences caused by this lack of ventilation. The complaint further states that no air sampling has been performed to evaluate the employees’ exposures to welding fumes. And, that when asked for respirators, they were given “dust masks” with one strap, which were purchased at the local hardware store. The effectiveness of these dust masks for the exposure that is present is also in question. I will also be sending you an email summarizing this non-formal complaint, so that you can respond accordingly. Thanks Jerry! Goodbye. Part 1  Draft a letter in response to the complaint. Your letter should summarize why you believe the complaint is invalid and no on-site inspection is required. Keep in mind, simply stating that the complaint is invalid is not adequate. You must support your opinions in the letter.  Part 2  (Answer the following question on the page 2 of your word document) Answer the questions below in a few sentences.  1. Where does this type of complaint fit on OSHA’s Priority criteria?  2. What factors could have made this complaint non-formal rather than formal?  3. What steps could you take as the employer to identify the employee who filed the complaint? 4. What factors could result in this complaint being reclassified as a formal complaint?  Save both parts of this assignment in one word document to submit for grading. Unit II Assignment Discussion Question Question 1 Under what conditions can an employee be denied access to the opening conference, walk-around, and closing conference? Your response should be at least 75 words in length. Question 2 If the OSHA compliance officer requests documents that are not related to a formal complaint, what options do you believe the employer has? Your response should be at least 75 words in length. Question 3 If OSHA determines that an employer’s response to a non-formal complaint is adequate, what options does the employee filing the non-formal complaint have? Your response should be at least 75 words in length. Question 4 Can an employee request that an attorney or union representative attend a private conference with the compliance officer? If the union demands to have a representative present, does the employee have to comply? Your response should be at least 75 words in length.

Part 1 – Letter in Response to Complaint

Dear OSHA Area Director,

Thank you for bringing to our attention the non-formal complaint made by one of our employees regarding welding operations being performed in an area with inadequate ventilation. We take these allegations seriously and have conducted an internal investigation to address the concerns raised in the complaint.

After reviewing the operations in question and the exposure controls in place, we do not believe that an on-site inspection is necessary. Our welding operations are conducted within the parameters of our written safety program, which includes appropriate ventilation controls and a comprehensive respiratory protection program.

Additionally, we routinely conduct air monitoring and personal exposure assessments to evaluate employee exposures to welding fumes. Based on the results of these assessments, we have determined that our exposure controls are effective in limiting employee exposures to below the OSHA permissible exposure limits.

Furthermore, the dust masks provided to our employees are not the only exposure control in place. We also provide respirators as part of our comprehensive respiratory protection program. These respirators are fit-tested and maintained to ensure their effectiveness in protecting our employees from harmful welding fumes.

We take the health and safety of our employees seriously and are committed to maintaining compliance with all OSHA regulations. We appreciate your attention to this matter and stand ready to address any further concerns.

Sincerely,

[Your Name] [Company Name]

Part 2 – Answering the Questions

1. Where does this type of complaint fit on OSHA’s Priority criteria?

This type of complaint would fall under OSHA’s Priority 3 criteria, which includes situations that are not an imminent danger to employees but have the potential to cause serious harm or death. OSHA would prioritize complaints in this category based on factors such as the severity of the hazard, the number of employees exposed, and the potential for exposure to occur.

2. What factors could have made this complaint non-formal rather than formal?

The complaint was likely classified as non-formal because it was made by an individual employee rather than a group of employees or a representative of a union. Additionally, the complaint did not allege an imminent danger to employees, nor did it specify a specific OSHA standard violation.

3. What steps could you take as the employer to identify the employee who filed the complaint?

As the employer, we would need to investigate the complaint to determine who made the allegation. We could begin by reviewing our records to identify which employees work in the area in question and then conduct interviews with those employees to gather more information.

4. What factors could result in this complaint being reclassified as a formal complaint?

The complaint could be reclassified as a formal complaint if OSHA determines that the hazard poses an imminent danger to employees, if there is evidence of widespread exposure or if it uncovers significant violations of OSHA standards. Additionally, if the employer fails to adequately address the concerns raised in the complaint, OSHA could reclassify the complaint as formal.