Austin Area Office Presentation Sourcing:

What triggers an OSHA inspection? What are the primary areas of concern? How can you participate in an inspection…and survive? OK… You’re Prepared but… You’re Still Nervous

What triggers an OSHA inspection? Why are you inspecting me and not the guy down the street? or

Inspection Priorities Imminent Danger Fatality or Catastrophe –3 or more hospitalized as in-patients Complaint or Referral Programmed Inspections

What are the Primary Areas of Concern?

Leading Hazards in Septic Tank Construction Most frequently cited Excavations Head Protection Hazard Communication Worker Training Written Safety Program Regular worksite inspections First Aid Supplies Ladders

Excavations – Laws Frequently Cited OSHA’s law applies if the excavation is deeper than 5 ft No cave-in protection No means of egress provided if deeper than 4 ft Spoil pile was within 2 ft of edge of excavation No daily inspections by a competent person

Excavations – Laws Frequently Cited Where hazardous conditions were found in the excavation, workers were not removed from the trench. Workers exposed to the hazard of vehicular traffic did not wear reflective vests. Sidewalks, pavements subject to being undermined were not supported to prevent collapse.

Other Laws Violated No head protection was required (hard hats) No written hazard communication program, MSDS’s, worker training No written safety program No regular work site inspections No worker training on job site hazards

Head Protection Head protection is required if there are overhead hazards that could strike the worker or falling objects

Hazard Communication Written Program Material Safety Data Sheets Worker Training Labeling of Containers

Written Safety Program In construction, each employer is required to have a written safety and health program that covers the anticipated hazards workers will encounter to reduce accidents.

Regular Worksite Inspections Regular worksite inspections are required of job site, materials, and equipment by competent persons. A competent person is one who has the knowledge of the worksite hazards and the authority to correct hazards.

Worker Training Workers must be instructed in the recognition and avoidance of unsafe conditions and to the regulations applicable to his work. Specific additional training required for trenching, ladders, chemicals, harmful plants/animals, flammables, & confined spaces

Other Laws Violated No personal protective equipment was provided or used No first aid supplies were readily available Ladders were not used as designed and intended

Fatal Accidents in the Septic Tank Industry The vast majority of fatal accidents in this industry are due to trench cave in Being struck by heavy equipment has also caused worker fatalities

How can you participate in an OSHA inspection… and survive?

Despite rumors to the contrary…the compliance officer is human too The compliance officer will be professional… you should be too The compliance officer is permitted to use quite a bit of professional discretion You catch more flies with honey Words to the Wise

Greeting the Compliance Officer You usually set the tone for the inspection

The Inspection Process Opening Conference Walk Around Closing Conference Violations Informal Conference Contest

Opening Conference Present Credentials Explain –Purpose –Scope

Permitting the Inspection To refuse or not to refuse---that is the question?

Don’t prevaricate! The compliance officer will notice the slight elongation of your nose

Consequences of Prevarication Will everyone else’s story match yours? Once you lose your credibility…the compliance officer is not going lend much credence to anything else you say You just lost the “benefit of the doubt”

Walk Around Tip Take someone with you that can correct any deficiencies noted

Photographs and/or Videotape The compliance officer will document what he/she sees –Warn the compliance officer if it is a Trade Secret –Not everything is a Trade Secret You may also photograph or videotape

Interviews Employees –Private –Without management present –Employee may request union rep Management Compliance officer decides who participates

Sampling Employee exposures –Dosimeters –Pumps –Badges –Other devices

The Closing Conference Take notes Violations and corrective actions Penalties OSHCon Contest rights Informal Conference

Violations Serious Other than Serious Willful Repeated Criminal

Who Gets the Citations? Multi-Employer Policy Creating –Employer who caused the hazard Exposing –Employer whose employees were exposed to the hazard Correcting –Employer who was responsible for correcting the hazard Controlling –Employer with general supervisory authority over the worksite with the power to correct violations directly or indirectly

Informal Conference AD or AAD Your side of the story Penalty reduction –Offer something in return –Not just abatement of the hazard…because you are already required to abate the hazard –Think improvements to safety & health program and additional training

The Contest Notice of contest must be in writing --15 working days after citation receipt You can contest violations, penalties or time to correct. Hearing before Review Commission Judge

Survival Summary

Be Prepared Proactive hazard identification and abatement Be Professional You set the tone for the inspection

Compliance Assistance Service of Every OSHA Office Telephone Inquiries Speeches Outreach & Information

Questions For More Information OSHA – Austin OSHA (512) Internet Reporting Incidents (800) 321-OSHA