826 North Main Street
London, KY. 40741

Local Phone (606) 864-3324 : Local Fax (606) 862-1585 

 email: george@southernsupply.net

 

What you can expect from an OSHA inspection.

Why would OSHA pick my company for inspection?

bullet Imminent danger: Allegations of an imminent danger situation will receive highest priority. The inspection will be conducted within 24 hours of the allegation unless extraordinary circumstances exist.
Fatality and catastrophe: Accidents will be investigated if they include any of the following conditions:
bullet One or more fatalities
bullet Three or more employees hospitalized for more than 24 hours
bullet Significant publicity
Investigation resulting from a national office special program.
bullet Employee or ex-employee complaint: Complaints are investigated by inspection or by letter (ex-employee complaint only) and a potential follow-up inspection. Your letter reply to OSHA is a serious report, not to be taken lightly.
bullet Programmed inspection: Policy requires that programmed inspections are conducted in industries where injury rates are high.
bullet Follow-up inspection: OSHA can re-inspect to assure that an employer has abated the violations that have been cited. Fines are usually approximately ten times higher for "Failure to Abate" citations.

When an inspection is going to be conducted, there are aspects of the inspection that you should know and understand.

bullet If the inspector does not have a warrant, your 4th amendment constitutional right means you do not have to let the inspector into the facility. One of the primary benefits to demanding a warrant is that OSHA may simply go away. In 1994, OSHA sought warrants on less than 25% of these employers.The time it takes the inspector to obtain a warrant varies greatly (from later that same day to several days or months later). This passage of time may be critical for you to resolve any immediate compliance issues. The opposite response—not requiring a warrant—has the benefit of minimizing the number of citations per inspection. It is your decision whether to require a warrant or voluntarily consent to an inspection.

To prepare for an OSHA inspection, designate your representative prior to the inspector's arrival. Instruct the reception area to inform the representative when the inspector arrives. The representative should check the inspector's credentials bearing a photograph and serial number with the nearest OSHA office. The inspector should be accompanied by your representative at all times. The representative should be the same person throughout the inspection (two or more representatives could provide conflicting information). If at any time the representative has difficulty responding to a question, he/she should telephone for advice from an attorney or trusted knowledgeable source.

Once the inspector is in, the protocol that is followed will consist of

bullet Opening conference
bullet A Tour of the Facility
bullet Closing Conference

Opening Conference

During the opening conference, which usually takes about an hour, a number of topics are discussed. General questions about your business are asked, and the following issues are reviewed.

bullet The purpose for the visit is explained (e.g. if it is a complaint, accident or programmed) along with the scope of the inspection (part of the facility or wall-to-wall). A copy of the complaint is given, if one is involved. Make a note of why you were selected and what is going to be inspected.
bullet Handouts of OSHA pamphlets are given. Keep all of them with the date and name of inspector who issued them to you.
bullet Trade Secrets will need to be identified and confidentiality assured for all records. Label all documents, photographs and video tapes as "Confidential—Trade Secret" (29 CFR 1903.9).
bullet Records that are not specified on the warrant do not have to be provided. Be careful about providing OSHA with any company documents. Don't provide any copies or allow use of your copying equipment to take place. If the inspector wants to copy information by hand, he/she may do so (29 CFR 1903.3(a)).

The following records or programs generally are specified by the warrant:

bullet The Hazard Communication written program for your facility. This includes provisions for labeling, material safety data sheets, employee training and a list of hazardous chemicals.
bullet The Lockout/Tagout written program will be reviewed and the employers representatives knowledge of it questioned.
bullet The Injury & Illness Log (OSHA Form 200) will be inspected (29 CFR 1904).
bullet Exposure & Accident Records (OSHA Form 101) will be required for any hazardous materials to which employees are exposed.
bullet Safety Programs will be checked to see if they are being observed.

OSHA Checklist

Tour Of the Facility

The route and duration of the tour is determined by the inspector and accompanying representatives. If the inspector wants to see a specific spot, take the inspector directly there, rather than walking through the plant. A detailed observation of the facility by the inspector can include talking with employees, note taking, making instrument readings, taking photos and/or using a video camera.

Never leave the inspector alone, and do not volunteer any information. Make sure department managers know to answer all questions honestly, without volunteering information. The inspector may consult with employees as long as it does not interfere with work operations and the employee does not object. He/she may also meet with the employee in private if the employee does not object (29 CFR 1903.7(b)).

During the tour, the inspector may point out things he "believes" to be violations. If you agree they are violations, you will surely be cited and fined. If you are able to correct conditions on the spot, do so, but you may still receive a citation and penalty.

If the officer takes notes or measurements, uses a camera and/or video tapes, you should do likewise. Record everything that happens, including the time and date. Get a stenographer to help with notes and someone to help with the video camera if needed.

What you say can and will be used against you. Never engage in idle talk or chit-chat.

Never give estimates if you do not have accurate information. You may be providing OSHA with false information, which is a criminal offense.

At the end of each day's inspection, go over your notes and measurements for accuracy and completeness. Have the notes typed (keep originals), add who said what, the inspector's name, date, times, measuring techniques, equipment used, calibration dates and procedures, and who was present.

Closing Conference

At the conclusion of the tour, the inspector will hold a conference. The purpose of this is:

bullet to advise you of the conditions observed in the facility
bullet to obtain further information
bullet to relate any possible citing that may be issued, your right to appeal and time limits
bullet to answer your questions

If any violations were voluntarily corrected on the spot, it is essential that the inspector states that it was abated before he leaves the premises with date, time, place and a witness present.

You may be asked how long it would take and how much it would cost to correct a citing. Do not agree that they are violations, for you may be held liable by how you respond. If it is an obvious violation, providing information may help OSHA determine the time needed for abatement.

The inspector does not propose penalties. The U.S. Department of Labor area director will notify you in writing by certified mail of any citations/penalties received.

You have 15 working days to either pay the penalties or contest the citation, the penalties, or both. Failure to contest the citation confirms the penalty as final.

Violations, Classifications, and Penalties

There are different classifications of violations and penalties structured for the workplace: "Other than Serious Citation," "Serious Violation," "Willful Violation," and "Repeat Violation."

An Other than Serious Citation is given for violations that are not a threat to cause death or serious harm. For instance, lack of a label marking a refrigerator for biohazard storage. The fine for an Other than Serious Citation can be as large as $7,000.00. This can be adjusted based on the history of the business, previous violations and the good faith efforts of the employer.

A Serious Violation is when death or serious physical harm could result, and the employer knew or should have known about the hazard. An example of this is not locking out or tagging out equipment. The fine for this is up to $7,000.00 for each violation. This may be decreased through negotiations or good faith on the part of the employer.

A Willful Violation is one of the most serious violations an employer can have. This occurs when the employer intentionally and knowingly commits a violation. This type of violation also increases the penalty significantly. The penalty can go as high as $70,000 per violation with a minimum of $5,000.00 per violation. If an employee is killed on a job resulting from a willful violation, the employer, if convicted, can result in very large fines and possibly imprisonment.

A Repeat Violation where the violation has not been corrected can also result in a $70,000.00 fine, plus $7,000.00 a day until corrected.

Summary

To survive an OSHA inspection, ALWAYS BE PREPARED.

  1. Understand the law (consult 29 CFR 1910, General Industry Standards).
  2. Have a self-inspection program.
  3. Have prepared and in place the following written programs:

    1. Hazardous Communication Program

    2. General Safety Program

    3. Lockout/Tagout Program

  4. OSHA required forms (form 101 and 200)
  5. Safety Office (person to answer questions and represent your company during inspections).
bullet CFR search engine code of federal regulations

 

Commonly Asked Questions
Q. Can an employer request an inspection for educational purposes?
A. Yes, OSHA will conduct an educational inspection without the threat of citations or fines, provided the employer agrees to correct any violations cited.
Q. How long does the average inspection last?
A. The average inspection lasts 13 hours for safety inspections and 34 hours for health inspections.
Q. If I have two plants in different states or more than one facility, and one gets fined for a violation, can I be fined for a repeat violation at my other plant?
A. Yes. If OSHA inspects the other facility and the violations there are the same as in the original facility, this can be classified as a repeat violation.

 This information is intended for general information purposes only. It is not a substitute for review of the applicable government regulations and standards, and should not be construed as legal advice or opinion. Readers with specific questions should refer to the cited regulation or consult with an attorney.

If you would like information or a free quote please send an email to george@southernsupply.net or contact:

Southern Supply and Equipment Inc.

826 North Main Street
London, KY. 40741

Local Phone (606) 864-3324 : Local Fax (606) 862-1585 

© 2004 Southern Supply and Equipment. All Rights Reserved

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