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31 May 2001 - East County Californian
Blackouts are liability for coast county businesses

EL CAJON – If a rolling blackout happens while you’re at work, what do you do? Lock the door, and go home? It’s far more complicated if you’re the owner of a business, and you might find yourself held responsible for any accidents that happen because the power went off.

“Cal-OSHA says it will hold power companies and employers responsible for accidents that are caused by rolling blackouts,” according to Ronald Strathman of Quantum Risk Management. “You’ve got to have an emergency action plan to protect your workers and your customers, and that plan must include blackout procedures for your employees.”

Strathman was the featured speaker at a Safe and Drug-Free Workplace Forum at the El Cajon Community Center, recently. Fifteen representatives from East County businesses attended the forum, which was sponsored by Communities Against Substance Abuse.

Barbara Lawrence, of El Cajon’s Homestart, said, “I was shocked to learn that we could be held responsible for accidents or injuries caused by rolling blackouts.”

The business owners and managers also learned about other safety issues, like the need for regular safety inspections.

“Even a business with five or six employees should do a walk-through at least once a month,” said Strathman. “Your facility must be safe, and you’ve got to have the documentation to back it up. Every chapter of your company’s safety manual is specified by law, and Cal-OSHA inspectors look for them. If your manual’s not complete, you’ll be cited.”

Strathman says an Illness and Injury Prevention Plan is vital to protecting employees, as well as the owners of a business, especially since the fines and penalties for violations were recently increased. “You can be fined 25 thousand dollars for an administrative violation, and if the state says it’s a serious or willful violation, the fine can jump to 70 thousand dollars. That’s enough to put most people out of business.”

One local business faced a major fine, after an accident sixteen months ago left an employee with serious burns. Mark Wiederkehr, of Certified Metal Craft in El Cajon, said, “The Cal-OSHA official told us we’d be fined 18 thousand dollars because of the accident, which happened in January of last year. The whole mess was finally sorted out just a few weeks ago. Because we were able to document our safety training and policies, we ended up with a 300 dollar fine.”

“But we spent untold hours, not to mention money, fighting the fine. That’s why it’s important that safety policies are not only written down, but followed by workers,” Wiederkehr said. “That way, they don’t get hurt, and we can afford to stay in business.”

A Drug-Free Workplace Policy is also required by law, according to Strathman. “A written policy statement becomes part of the company’s Illness and Injury Prevention Plan. It’s not just about following the law, but protecting your workers, and everyone they come in contact with.”

Tonya Langdon, of Carroll Business Supply in Santee, agreed. “Our company’s delivery driver was a heroin addict, and we had no clue. He was functional, and had been working for us for five years before we found out about his drug use.”

Langdon said, “We were lucky; he could have crashed our delivery truck, and hurt or killed someone. It shows that just because someone appears to be fine, they may not be. And just because you’re looking for symptoms, doesn’t mean you’ll find them.”

Communities Against Substance Abuse is sponsoring quarterly Safe and Drug-Free Workplace Forums. The informational forums are free, and the next one is scheduled for September. Call (619) 442-2727, extension 112 for more information.



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