1. Surviving An OSHA Inspection

2. 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

3. 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

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

5. Where to Get Standards
Internet access through OSHA Home Page - OSHA standards, interpretations, directives. ( not .com

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

7. 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

8. 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

9. 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 (Add link to course allowing them to download and print)

10. 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

11. 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.

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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)

18. 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

19. 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

20. 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

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

22. 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

23. Safety and Health Program Management Guidelines
Will be found on the welty intranet ( 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.