Surviving An OSHA Inspection

Surviving An OSHA Inspection WHAT DO YOU NEED TO KNOW Why To assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources What to do What to ask What to expect

OSHA Standards (where do the rules come from) Where OSHA has not publicized specific standards, employers are responsible for following the Act's General Duty Clause 5A. However, under the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act (OSHA) of 1970, employers are required to provide their employees with a place of employment that "is free from recognizable hazards that are causing or likely to cause death or serious harm to employees." Click on Inspector Gadget for Video

Categories of Standards General Industry Construction Maritime Agriculture ALL OF THESE APPLY TO YOUR WORK-SITE

Where to Get Standards Internet access through OSHA Home Page - OSHA standards, interpretations, directives. (http://www.osha.gov) not .com

OSHA INSPECTION Priorities Imminent Danger Catastrophes and Fatal Accidents Complaints and Referrals Follow up Inspections Planned Inspections

Arrival of OSHA Inspector OSHA INSPECTIONS Arrival of OSHA Inspector 1. Ask for the Inspector’s Credentials/ID 2. Make a phone call to the agency to verify credentials. 3. Go through the call list. (CLICK TO DOWNLOAD) 4. Ask for the opening conference. Make the question: What 4 things should you do first when OSHA Inspector arrives? MERGE SLIDES 8 and 9

Inspector’s Credentials Ask for the Inspector’s Credentials/ID Inspector displays credentials Asks to meet an appropriate employer representative Employers should always ask why they are there. Employer can call local OSHA office to verify

What to Expect for Opening Conference Inspector explains how the establishment was selected Inspector explains what the likely scope of the inspection will be Inspector determines if a consultation visit is in progress CREATE CHEAT SHEET FROM SLIDES 10-12. (Add link to course allowing them to download and print)

Opening Conference Inspector explains the purpose of the visit Inspector provides a copy of the complaint (if applicable) Take the inspector to that point only. Avoid active work areas. Inspector asks for an employer representative to accompany them during the inspection Inspector asks for an authorized employee representative (union) to accompany them during the inspection

After opening Conference: The Inspection Process Walk with the inspector, replicate what he/she does. (If they take pictures, you take pictures, notes, etc. Take 2-3 tradesmen with the inspector to possibly fix any condition that is sighted or called out. Inspector proceeds through the establishment to identify safety and health hazards Inspector determines route and duration of the inspection Inspector will talk privately with employees individually. DO NOT INTERFERE. DO NOT PROBE FOR INFORMATION AFTER THE INTERVIEW.

The Inspection Process During the process, the inspector will do the following: Inspector notes safety and health condition and practices, Take photos/videotapes, measures noise levels collect air samples to monitor employee exposure to toxic fumes, gases, and dust Inspector evaluates existing engineering controls Inspector examines records and programs Inspection may cover part or all of an establishment Trade secrets remain confidential Employees are consulted, in private, about safety and health conditions and practices Employees are protected from discrimination for exercising their rights Records (deaths, injuries, illnesses, first reports, haz com) Inspector points out unsafe or unhealthful conditions Inspector discusses feasible corrective action Violations corrected immediately may reflect employers good faith for penalty consideration

After the Inspection process: The Closing Conference Employer provided “Employer Rights and Responsibilities Following and OSHA Inspection (OSHA 3000)” Inspector reviews all observed unsafe and unhealthful conditions Inspector indicates violations for which a citation and penalty may be issued Inspector will not indicate any specific penalty but informs employer of appeal rights Good time for the employer to produce records of compliance efforts and provide information to help determine timeframes for abatement

The Closing Conference Inspector may determine if second closing conference is necessary (air monitoring) Inspector discusses OSHA’s full service resource program Separate closing conference if employee representative does not participate Inspector goes back to the district office to report findings Area Director determines whether citations will be issued and whether penalties will be proposed

Citations Inform the employer and employees of the regulations and standards alleged to have been violated Inform the employer and employees of the proposed length of time set for their abatement The company will be notified of citations through written documentation via mail. Do not wait for formal notice from OSHA to correct. Documentation/Corrections needs to be turned into Management/Safety Office within 10 days. Employer must post a copy of each citation at or near the place the violation occurred for 3 days or until it is abated at the jobsite. DELETE THE CITATION AMOUT WHEN POSTING THE VIOLATION

Penalties Types of Violations other-than-serious serious willful repeated failure-to-abate Click Uncle Sam's hand to access OSHA Penalty Adjustments – Effective August 2016

Penalties Other-Than-Serious Direct relationship to job safety and health but would not cause death or serious physical harm Penalty $0 to $13000 May be adjusted downward as much as 95% (size, good faith, and history)

Penalties Serious Substantial probability that death or serious physical harm could result Penalty $1,500 to $13,000 May be adjusted downward for size, good faith, and history

Penalties Willful Employer intentionally and knowingly commits Employer is aware of the hazardous condition Employer knows it violates a standard or obligation of the Act Employer makes no reasonable effort to eliminate the hazard Penalty $5,000 to $125,000 Criminal sanctions may be imposed if resulting in the death of an employee Penalty of $250,000 ($500,000 corporation) or 6 months imprisonment or both

Penalties Repeat Inspection reveals a substantially similar violation is found and the original citation has become final order Penalties up to $125,000 for each violation

Penalties Failure-to-Abate Employer fails to correct a prior violation Penalties up to $7000 per day beyond the prescribed abatement date

Additional Violations Falsifying records, reports, applications may bring criminal penalty of $10,000 or 6 months imprisonment, or both Posting requirements up to $7000 Assaulting a CSHO, intimidating, or interfering with the inspection may bring a criminal penalty of $5000 and 3 years imprisonment

Safety and Health Program Management Guidelines Will be found on the welty intranet (www.thinkwelty.net), OSHA Website, Safety Officer. Include the call list (Don Lord, Taylor, Conti, etc.) Tom Conti probably has this list. Add a download link to download the call list.