1 OSHA Compliance Inspections INSY 6010 FALL 2003

2 Workplace Inspections Marshall v Barlow Marshall v Barlow established the requirement for OSHA inspectors to obtain a search warrant if the employer refuses to all them entry to inspect. It is generally not in the employer’s best interest to bar Compliance Safety and Health Officers (CSHO) entrance. Warrants can be obtained in as little as 48 hours.

3 Inspection Priorities Inspection priorities established by OSHA are as follows: Investigation of Imminent Dangers.  Allegations of an imminent danger situation will ordinarily trigger an inspection within 24 hours of notification. Catastrophic and Fatal.  Accidents will be investigated if they include any of the following: one or more fatalities

4 Inspection Priorities Three or more employees hospitalized as inpatients. Significant publicity or property damage. Issuance of specific instructions for investigations in connection with the National Office Special Program. Investigation of Employee Complaints.  Highest priority is given to those complaints that allege an imminent danger situation.  Serious situations are given high priority, as well.

5 Inspection Priorities Programmed High-Hazard Inspections.  Industries are selected based upon the following data: Death Incidence Rates. Injury Incidence Rates. Illness Incidence Rates. Employee exposure to toxic substances. In accordance with local and national inspection scheduling programs.

6 Inspection Priorities Reinspections.  May be conducted to determine if previously cited violations have been corrected.

7 General Inspection Procedure The CSHO conducts inspections to determine if the employer is in compliance with the requirements of the standards, rules and regulations promulgated under the OSHAct. Inspections are almost always conducted without prior notice.

8 General Inspection Procedure Upon presenting himself/herself to the employer, the CSHO presents proper credentials. If entry is denied, the CSHO will obtain a warrant that requires the employer to admit the inspector. (Note: the penalty for murdering a CSHO is life imprisonment.)

9 Opening Conference The CSHO will conduct a joint opening conference with the employer and employee representatives. (Separate conferences may be held.) Safety personnel should also attend the opening conference. The CSHO will: Inform the employer of the purpose of the visit.

10 Opening Conference To investigate whether the establishment, procedures, operations, and equipment are in compliance with OSHAct requirements.  Give the employer copies of the Act, and other information, as needed. The CSHO will briefly outline the following:  The scope of the inspection.  Records the officer wants to review. OSHA 300: Log of Work-Related Injuries & Illnesses OSHA 300A: Injury and Illness Log Summary OSHA 301: Injury and Illness Incident Report

11 Opening Conference  The officer’s obligation to confer with the employees.  Physical inspection of the workplace.  The closing conference. Furnish the employer with any complaints that may have been filed. Answer questions. The CSHO will identify areas of the facility to be inspected.

12 Opening Conference CSHO will request information on the employer’s current safety and health program.

13 Inspection of the Facilities The CSHO will provide his/her own test and measurement equipment. Only apparent violations will be recorded. The CSHO will not offer remedies for violations. Impromptu complaints from employees will be investigated.

14 Closing Conference The CSHO will hold a joint closing conference once the inspection is completed. The CSHO will advise the employer of all conditions and practices that may constitute an apparent safety or health violation.

15 Closing Conference The CSHO will indicate which sections of the standard apply. The employer will be informed of potential citations and penalties that may be levied by the Area Director. Citations will establish time periods to remediate violations.

16 Violations General Duty Clause The General Duty Clause. Willful Violations. Knowingly acting out of compliance. Serious Violations. Could cause death or serious physical harm. Four step process:  The type of accident or health hazard

17 Violations  The type of injury expected.  Injury could cause death or permanent injury.  Whether the employer knew or should have known through due diligence (if the inspector found it, the employer should have found it, too). Other-Than-Serious Violations. Would not be expected to cause death or serious physical harm. Does have a direct effect on employees’ health and safety.

18 Violations Repeated Violations. Being cited for a violation that had been previously cited or for a substantially similar condition. De Minimis Violations. Trivial violations. Usually only elicits a letter of warning.

19 Citations The written document that: Describes the specific nature of the alleged violation, Cites the standard allegedly violated, and Fixes a time for abatement. Citations for serious violations generally carry monetary penalties.

20 Penalties $7,000 to $70,000 for serious to repeated or willful violations. Egregious Policy If OSHA considers the apparent violations as flagrant, fines for each individual violation may be assessed rather than for each type of violation. Generally based upon a high accident/ injury rate or a large number of violations.

21 Contested Cases Employers have the right to contest any OSHA action.

22 Questions & Comments