Surviving an OSHA Inspection
This webcast will cover ...
• Who is targeted for an inspection,
• What are the key areas of
enforcement,
• What goes on during an inspection,
• What OSHA looks for,
• What your rights are as an employer,
• How to get fines reduced,
• How to prepare for/avoid an
inspection, and
• Question & Answer
Moderator
• Webb Shaw, Director of Editorial
Resources
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Panelists
• Joe (Travis) Rhoden, Editor – Workplace Safety
• Robert O’Connell, Account Executive
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Surviving an OSHA Inspection Panelists
Webb Shaw
Director of Editorial
Resources
Joe (Travis) Rhoden
Editor – Workplace
Safety
Robert O’Connell,
Account Executive
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Introduction
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Who is targeted for an inspection
What are the key areas of enforcement
What goes on during an inspection
What OSHA looks for
What your rights are as an employer
How to get fines reduced
How to prepare for/avoid an inspection
• Question & Answer
• Housekeeping issues:
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For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Disclaimers
• The content in this webcast is intended for information purposes
only and should not be construed as providing legal advice.
• If you ask questions based on your unique circumstances, we
will attempt to address them from a more general perspective.
• This is an introductory webcast and is intended to highlight
some of the more popular strategies for managing OSHA
inspections.
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Who is Targeted?
• National, regional, local emphasis programs
 Hazard-based (e.g. combustible dust)
 Equipment-based (e.g., forklifts, presses)
 Industry-based (e.g., residential construction)
• Site-Specific-Targeting Program
 DART, DAFWII-based (4-5 times the national average)
• Referrals from other agencies
• Complaints
• Fatality/catastrophe reports
• Follow-up from prior inspection (either at your facility or
another location of your company)
 Severe Violator Enforcement Program
• Plain-view
 Construction sites
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Hot Topics in OSHA Enforcement
• Injury/illness recordkeeping
 National Emphasis Program
 Incentive programs under scrutiny
• Combustible dust
 National Emphasis Program
• Illnesses
• Hearing loss
• Focus 4 hazards: Falls, Struck by, Caught-in,
Electrocution
• High-hazard industries
 Manufacturing, construction, refineries, grain handling,
chemical plants
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
The Knock At The Door
The compliance officer will:
• Arrive during regular working hours
• Present credentials
• Request to see the owner
or “person in charge”
The OSHA officer does not need a
warrant, but must have your
consent.
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
The Inspection Process
The inspection will include:
• Opening conference
• Records review
• Facility walk-through
• Closing conference
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Process: Records Review
OSHA will review:
• OSHA 300, 301, and 300-A
• “OSHA Poster”
• PPE hazard assessment
• Written programs
• Training records
• Exposure records
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Process: Facility Walk-through
During an inspection, the officer will:
• Observe safety and health conditions and practices,
• Interview employees,
• Take photos and instrument readings,
• Collect air samples,
• Measure noise levels,
• Survey existing hazard controls, and
• Monitor employee exposure to toxic fumes, gases,
and dusts.
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Process: Closing Conference
The compliance officer will:
• Discuss unsafe or unhealthful
conditions observed
• Indicate apparent violations
• Explain appeal rights
• Offer OSHA assistance
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Citations
The citation will include:
• Violations
• Proposed penalties
• Abatement period
OSHA has six months to issue citations.
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Citations: Violations
Violations are categorized as:
• De minimus – No penalty
• Other-than-serious – $0 - $7,000
• Serious – $3,000 - $7,000
• Willful – $5,000 - $70,000
• Repeat – up to $70,000
• Egregious – Instance-by-instance
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Citations: Factors Affecting Penalties
OSHA considers:
• Gravity
• Number of employees
 1-25 = 40%
 26-100 = 30%
 101-250 = 10%
 Over 250 = No adjustment
• Good faith
 Must have written safety and health program
• Quick fixes
• History
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Citations: Real-World Examples
• May 19, 2010 – “OSHA cites shipbuilder
more than $1.3 million for willfully
exposing workers to toxic vapors in a
confined space”
• Sept. 1, 2010 – “OSHA fines company
$3 million for tampering with safety
mechanisms on presses to speed up
production”
• Jan. 1, 2011 – “Food processing
company cited $212,000 for failing to
implement and train workers on LO/TO”
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Citations: Abatement Period
The abatement period will be:
• A specific date
• Usually less than
30 days
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Citations: Your Options
An employer may:
1. Accept the citation,
2. Extend the abatement date,
3. Contest the violation, and/or
4. Request an informal conference
You have 15 working days to contest a citation.
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Preparation: Avoidance of Citations
Employers can avoid OSHA citations by:
• Ensuring regulatory compliance
• Establishing a safety and health program
• Training employees
• Performing self-inspections
• Keeping accurate records
• Developing an OSHA inspection plan
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Preparation: Regulatory Compliance
Employers should:
• Identify regulations that apply
• Keep track of regulatory changes
 Cranes and derricks
 GHS/Hazcom
 Walking-working surfaces
• Be aware of enforcement programs
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Preparation: Safety & Health Program
A safety and health program can:
• Cut injury costs by 20 to 40 percent
Common program elements include:
• Management leadership;
• Employee participation;
• Hazard identification, prevention, and control;
• Education and training; and
• Program evaluation
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Preparation: Training
Employers must:
• Provide required training
• Present information in an
understandable format
 Language
 Vocabulary
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Preparation: Self-inspection/-audit
Self-inspections:
• Identify hazards and violations
• Provide focused effort
• Ensure compliance
Self-audits:
• Identify system-wide
deficiencies
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Preparation: Records
Employers must keep accurate records of:
• Injuries and illnesses
• Exposures
• Training
• Inspections
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Preparation: Develop an OSHA Inspection Plan
• Train front-desk/security on how to react when an OSHA officer
shows up
 Who should be contacted?
• Have a plan of action that can be set in motion
 Are we requesting warrants?
 Document retrieval
 Safety manager, maintenance personnel, upper
management, labor representatives, etc.
• Conduct mock “OSHA Inspections”
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Recap
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There is a method to OSHA’s madness
Inspections are structured
You can and should prepare for an inspection
There are things you can do to minimize citation damage
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
Question & Answer
Webb Shaw
Director of Editorial
Resources
Joe (Travis) Rhoden
Editor – Workplace
Safety
Robert O’Connell,
Account Executive
Please submit questions to “Q&A”
using the Question tool
For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866
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For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866