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For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866 Surviving an OSHA Inspection This webcast will cover...

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Presentation on theme: "For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866 Surviving an OSHA Inspection This webcast will cover..."— Presentation transcript:

1 For dial-in: , Pass Code: #; Technical issues: , ID: Surviving an OSHA Inspection This webcast will cover... Who is targeted for an inspection, What are the key areas of enforcement, What goes on during an inspection, What OSHA looks for, What your rights are as an employer, How to get fines reduced, How to prepare for/avoid an inspection, and Question & Answer Moderator Webb Shaw, Director of Editorial Resources Panelists Joe (Travis) Rhoden, Editor – Workplace Safety Robert O’Connell, Account Executive Attention Attendees: +Thank you for attending! +The presentation will start in a few minutes at 1:00 PM Central. +Please use your computer speakers to listen to the event. If you have audio issues, dial-in info is below. +You will be muted during the event. +Please use the Question feature to text questions to Panelists. We’ll try to answer them during the Q&A period if they are not covered in the presentation. +The slides will be posted in 1-2 days and the recording in 7 days at

2 For dial-in: , Pass Code: #; Technical issues: , ID: Surviving an OSHA Inspection Panelists Webb Shaw Director of Editorial Resources Joe (Travis) Rhoden Editor – Workplace Safety Robert O’Connell, Account Executive

3 For dial-in: , Pass Code: #; Technical issues: , ID: Introduction Who is targeted for an inspection What are the key areas of enforcement What goes on during an inspection What OSHA looks for What your rights are as an employer How to get fines reduced How to prepare for/avoid an inspection Question & Answer Housekeeping issues:  You will be muted during the event.  Please use the Question feature to text questions to the Panelists. We’ll try to answer them during the Q&A period if they are not covered in the presentation.  If you lose sound at any point, you can dial-in by phone using the number and Pass Code listed below.  If you lose the program window and need to re-login be sure to enter a different address to avoid being denied access for multiple logins.  Please complete survey after webcast ends.

4 For dial-in: , Pass Code: #; Technical issues: , ID: Disclaimers The content in this webcast is intended for information purposes only and should not be construed as providing legal advice. If you ask questions based on your unique circumstances, we will attempt to address them from a more general perspective. This is an introductory webcast and is intended to highlight some of the more popular strategies for managing OSHA inspections.

5 For dial-in: , Pass Code: #; Technical issues: , ID: National, regional, local emphasis programs  Hazard-based (e.g. combustible dust)  Equipment-based (e.g., forklifts, presses)  Industry-based (e.g., residential construction) Site-Specific-Targeting Program  DART, DAFWII-based (4-5 times the national average) Referrals from other agencies Complaints Fatality/catastrophe reports Follow-up from prior inspection (either at your facility or another location of your company)  Severe Violator Enforcement Program Plain-view  Construction sites Who is Targeted?

6 For dial-in: , Pass Code: #; Technical issues: , ID: Hot Topics in OSHA Enforcement Injury/illness recordkeeping  National Emphasis Program  Incentive programs under scrutiny Combustible dust  National Emphasis Program Illnesses Hearing loss Focus 4 hazards: Falls, Struck by, Caught-in, Electrocution High-hazard industries  Manufacturing, construction, refineries, grain handling, chemical plants

7 For dial-in: , Pass Code: #; Technical issues: , ID: The compliance officer will: Arrive during regular working hours Present credentials Request to see the owner or “person in charge” The OSHA officer does not need a warrant, but must have your consent. The Knock At The Door

8 For dial-in: , Pass Code: #; Technical issues: , ID: The inspection will include: Opening conference Records review Facility walk-through Closing conference The Inspection Process

9 For dial-in: , Pass Code: #; Technical issues: , ID: Process: Records Review OSHA will review: OSHA 300, 301, and 300-A “OSHA Poster” PPE hazard assessment Written programs Training records Exposure records

10 For dial-in: , Pass Code: #; Technical issues: , ID: Process: Facility Walk-through During an inspection, the officer will: Observe safety and health conditions and practices, Interview employees, Take photos and instrument readings, Collect air samples, Measure noise levels, Survey existing hazard controls, and Monitor employee exposure to toxic fumes, gases, and dusts.

11 For dial-in: , Pass Code: #; Technical issues: , ID: Process: Closing Conference The compliance officer will: Discuss unsafe or unhealthful conditions observed Indicate apparent violations Explain appeal rights Offer OSHA assistance

12 For dial-in: , Pass Code: #; Technical issues: , ID: The citation will include: Violations Proposed penalties Abatement period OSHA has six months to issue citations. Citations

13 For dial-in: , Pass Code: #; Technical issues: , ID: Citations: Violations Violations are categorized as: De minimus – No penalty Other-than-serious – $0 - $7,000 Serious – $3,000 - $7,000 Willful – $5,000 - $70,000 Repeat – up to $70,000 Egregious – Instance-by-instance

14 For dial-in: , Pass Code: #; Technical issues: , ID: Citations: Factors Affecting Penalties OSHA considers: Gravity Number of employees  1-25 = 40%  = 30%  = 10%  Over 250 = No adjustment Good faith  Must have written safety and health program Quick fixes History

15 For dial-in: , Pass Code: #; Technical issues: , ID: Citations: Real-World Examples May 19, 2010 – “OSHA cites shipbuilder more than $1.3 million for willfully exposing workers to toxic vapors in a confined space” Sept. 1, 2010 – “OSHA fines company $3 million for tampering with safety mechanisms on presses to speed up production” Jan. 1, 2011 – “Food processing company cited $212,000 for failing to implement and train workers on LO/TO”

16 For dial-in: , Pass Code: #; Technical issues: , ID: Citations: Abatement Period The abatement period will be: A specific date Usually less than 30 days

17 For dial-in: , Pass Code: #; Technical issues: , ID: Citations: Your Options An employer may: 1.Accept the citation, 2.Extend the abatement date, 3.Contest the violation, and/or 4.Request an informal conference You have 15 working days to contest a citation.

18 For dial-in: , Pass Code: #; Technical issues: , ID: Employers can avoid OSHA citations by: Ensuring regulatory compliance Establishing a safety and health program Training employees Performing self-inspections Keeping accurate records Developing an OSHA inspection plan Preparation: Avoidance of Citations

19 For dial-in: , Pass Code: #; Technical issues: , ID: Preparation: Regulatory Compliance Employers should: Identify regulations that apply Keep track of regulatory changes  Cranes and derricks  GHS/Hazcom  Walking-working surfaces Be aware of enforcement programs

20 For dial-in: , Pass Code: #; Technical issues: , ID: Preparation: Safety & Health Program A safety and health program can: Cut injury costs by 20 to 40 percent Common program elements include: Management leadership; Employee participation; Hazard identification, prevention, and control; Education and training; and Program evaluation

21 For dial-in: , Pass Code: #; Technical issues: , ID: Preparation: Training Employers must: Provide required training Present information in an understandable format  Language  Vocabulary

22 For dial-in: , Pass Code: #; Technical issues: , ID: Preparation: Self-inspection/-audit Self-inspections: Identify hazards and violations Provide focused effort Ensure compliance Self-audits: Identify system-wide deficiencies

23 For dial-in: , Pass Code: #; Technical issues: , ID: Preparation: Records Employers must keep accurate records of: Injuries and illnesses Exposures Training Inspections

24 For dial-in: , Pass Code: #; Technical issues: , ID: Preparation: Develop an OSHA Inspection Plan Train front-desk/security on how to react when an OSHA officer shows up  Who should be contacted? Have a plan of action that can be set in motion  Are we requesting warrants?  Document retrieval  Safety manager, maintenance personnel, upper management, labor representatives, etc. Conduct mock “OSHA Inspections”

25 For dial-in: , Pass Code: #; Technical issues: , ID: Recap There is a method to OSHA’s madness Inspections are structured You can and should prepare for an inspection There are things you can do to minimize citation damage

26 For dial-in: , Pass Code: #; Technical issues: , ID: Question & Answer Webb Shaw Director of Editorial Resources Joe (Travis) Rhoden Editor – Workplace Safety Robert O’Connell, Account Executive Please submit questions to “Q&A” using the Question tool

27 For dial-in: , Pass Code: #; Technical issues: , ID: This webcast was sponsored by: Please right-click the image above and select “Open Hyperlink” for a brief introduction. For more information, call x2675 or go online to jjkeller.com/customsolutions jjkeller.com/customsolutions


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