OSHA Mock Inspection Are You Ready?

Every establishment covered by the OSH Act is subject to inspection by OSHA compliance safety and health officers (CSHO's). With some exceptions, inspections are conducted without advance notice. 2

1. Imminent Danger (any condition where there is a reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately, or before the danger can be eliminated through normal enforcement procedures) 2. Fatalities and Catastrophes (resulting in hospitalization of 3 or more employees) 3. Employee Complaints/Referrals 4. Programmed High-Hazard Inspections 3

On your mark Get Set Go…………

Programmed High-Hazard Inspections Comprehensive Inspection

OSHAs Site-Specific Targeting (SST) program is OSHAs main programmed inspection plan for non-construction workplaces that have 20 or more employees. The SST plan is based on the data received from the prior years OSHA Data Initiative survey. The Data Initiative survey and the SST program help OSHA achieve its goal of reducing the number of injuries and illnesses that occur at individual workplaces by directing enforcement resources to those workplaces where the highest rate of injuries and illness have occurred.

Review of your injury – illness records Minimal Review of the Facilitys Safety & Health Programs LOTO HAZCOM Machine Guarding Emergency Response – BBP PPE Electrical Installations Housekeeping

1.Display official credentials 2.Opening conference 3.Walkaround inspection 4.Closing conference 8

Who is representing your interest? Do you have a procedure? Do you have your programs together Who will represent your employees? Who has authority to correct hazards?

Display official credentials Are they who they say they are? Opening conference: Purpose, nature and scope of the inspection Do you require a warrant? They will get one. Preempted Warrant- We will save you the trouble. ARE YOU TAKING NOTES?

Generally speaking OSHAs representative has the authority to look at everything Will take photos, measurements, and conduct interviews These are private interviews Employees have a right to request an employee representative to participate in interview Are you taking notes/photos/measurements Are documenting request from CSHO Are you correcting conditions

Employer/Management Interviews Who is authorized to speak on your behalf Who can be there during the interviews Do you have an area set aside If you dont know the answer to a question, DONT answer the question.. Tell the Compliance Officer that you will have the appropriate person follow up with them.

Closing conference Note that there can be multiple closing conferences Usually conducted with employee representative but can be separate CSHO will discuss findings, standards and abatement Will explain penalties can be issued CSHO does not issue Citations only the Area Director or someone acting on their behalf ARE YOU TAKING NOTES YET

Where are your safety and health programs? Who maintains your training records? Who maintains your 300 Logs? Do you have a safety committee? How can an employee bring forward a safety issue/concern? How are safety issues resolved Do you document hazard abatement? Do you have a progressive disciplinary program? Do you perform oversight of contractors?

On your mark Get Set Go…………

Un-programmed Inspection Machine Guarding Complaint

The Act gives each employee the right to request an OSHA inspection when the employee believes he or she is in imminent danger from a hazard or when he or she thinks that there is a violation of an OSHA standard that threatens physical harm. OSHA will maintain confidentiality if requested, OSHA will inform the employee of any action it takes regarding complaints, and, if requested, hold an informal review of any decision not to inspect.

1.Display official credentials 2.Opening conference – What is different this time – the SCOPE- This is a limited scope inspection. 3.Walkaround inspection- Again, what is different. Does the Compliance Officer have free rein? PLAIN VIEW ITEMS 4.Closing conference 19

l After CSHO reports findings, the area director determines what citations, if any, will be issued, and what penalties, if any, will be proposed l Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement l Citations and notices of proposed penalties are sent by certified mail l Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation abated, whichever is longer 20

Other Than Serious - $? Serious- $$ Willful - $$$$ Repeat - $$$$ 21

Violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm Penalty of up to $7,000 is discretionary 22

Violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard Penalty of up to $7,000 is mandatory 23

An intentional violation of the Act or plain indifference to its requirements Penalties of up to $70,000, with a minimum penalty of $7,000 for each violation If violation results in death of an employee, a fine up to $250,000 for an individual, or $500,000 for a corporation, and/or imprisonment for up to six months may be imposed for a criminal conviction 24

Substantially similar violation found upon re- inspection Penalties of up to $70,000 for each violation 25

Falsifying records, reports or applications can bring a fine of $10,000 or up to 6 months in jail, or both. Violations of posting requirements can bring a penalty up to $7,000. Assaulting a compliance officer or interfering with their duties is a criminal offense, subject to fine of not more than $5,000 and imprisonment for not more than 3 years. 26

Failure to abate a prior violation may bring a penalty of up to $7,000 for each day the violation continues beyond the prescribed abatement date. 27

OSHA has six months from the date of the opening conference to issue Citations The Compliance Officer may follow up with you for additional information (programs, training records, additional interviews, etc.) The Compliance Officer will review your company OSHA History The Compliance Officer make RECOMMENDATIONS (only) for Citations Good Faith Goes a Long Way- NOTE Abatement efforts

Employer Options Informal Conference – Present your case to the Area Director Expedited Informal Settlement Agreement (EISA) Pay your penalty- Provide abatement- Move on Contest – Out of the Area Office – Now with the Solicitors Depositions Litigation Formal Hearing

If an inspection was initiated by employee complaint, employee or authorized representative may request an informal review of any decision not to issue a citation Employees may not contest citations, amendments to citations, penalties or lack of penalties May contest time for abatement May also contest employer's Petition for Modification of Abatement (PMA), which requests an extension of the abatement period 30

When issued a citation or notice of proposed penalty, employer may request an informal meeting with OSHA's area director, who is authorized to enter into settlement agreement Employer may request an extension of abatement period through a PMA Employers may contest either the citation, abatement period, or proposed penalty within 15 working days of receipt through a written "Notice of Contest" 31

Questions ?