OSHA Alert
To:
All Member Districts
From:
Heather Kinard, Risk Control Supervisor
Date:
5/5/03
Re:
OSHA Inspections
Although SC’s Public Schools do not receive routine OSHA inspections, any establishment
in the state of SC with employees is subject to an inspection. Every year, 3-4 school
districts in SC have had OSHA visit for a complaint inspection. Also, in SC anyone in Public
Sector can have an OSHA inspection. I felt it necessary to explain the process and the
appropriate procedures to follow if you have OSHA show up at your door.
First, there is a method to the assignment of locations for inspection and a strict priority that
SCOSHA must follow. The types of inspections, with priority, are as follows:

Imminent Danger – A hazard, which is in “plain view” of the public, which may cause
death or serious physical harm. (Usually noticed by an inspector on a drive-by such as
Trench, Fall, or Scaffolding hazards.)

Fatality / Catastrophe – Both reportable to OSHA within 8 hours. A catastrophe is when
three or more employees are hospitalized for a single incident.

Complaint – Most common type of inspection for schools. Any employee who believes
that serious safety and/or health hazards exist in their workplace, which management will
not correct, has the right under SC law to contact OSHA. This employee request for an
OSHA inspection is confidential and the employer is not told who generated the
complaint. (Unfortunately, disgruntled employees very often use this process as a form
of retaliation and OSHA has no way to determine this but only to investigate the items
brought to their attention.)

Referral – Other entities that visit your establishment, such as the Fire Marshall, DHEC,
etc., are allowed to contact OSHA and make a referral for an inspection.

General scheduled (routine) – A certain type of industry’s injury and illness rate
determines these inspections. Industry, which is considered “high hazard”, is put on a
schedule for inspection. Public schools are currently not considered “high hazard” and
therefore, not on the schedule. If injury and illness records (OSHA 300 Injury and Illness
logs) reflect a high number of injuries and illnesses then the status of schools could
change. (This is why it is important for schools to properly record and maintain their
injury and illness records, i.e. OSHA 300 logs.)
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Secondly, OSHA, just by reputation, intimidates everyone and the employer inadvertently
allows many things during an inspection that are unnecessary. The employer also offers
information that will strengthen the OSHA inspector’s case. Obviously, we want to cooperate
but you need to be aware of all of your rights as the employer. The following suggestions
should help you in developing the correct procedure to follow if you are chosen for an
inspection.

Always ask to see the inspector’s credentials. You may contact me at 803-799-6607
before you go any further or at any time during the inspection.

Make sure you understand what type of inspection that you were scheduled to have and
the full scope of that inspection has been explained to you. (See the list above.)

If the inspection is a fatality, catastrophe, complaint, or referral, limit the inspection to
those specific items only. For instance, if you are faced with a complaint inspection, the
inspector will tell you that he/she is there to investigate the complaint items and, quite
often, will choose to expand the inspection to cover the entire facility. This is
unnecessary and SCOSHA has to prove to an Administrative Law Judge that they have
“good cause” to expand the scope of their inspection. “Good cause” would be evident
blatant serious violations and an unusually large number of injuries and illnesses.
Schools typically do not have either of these. (OSHA would consider this a partial
refusal, but this is not an unusual practice. Most employers are just unaware of their
rights.)

The first thing the inspector will ask for will be the OSHA 300 log of injuries and illnesses
for the current year and the past 5 years (OSHA 200 Logs). If it is a complaint or referral
the inspector will give you a copy of the complaint or referral and he/she will want to go
the areas where the alleged violations are located before doing anything else. (Keep in
mind that if the inspector notices a serious violation on the way to look at the complaint
or referral items he/she has to stop and address the item. This is true even if he/she has
been limited to the complaint or referral items only.)

Regardless of the type of inspection, the inspector will conduct a program review to
determine if a Comprehensive Safety & Health Program has been created and
implemented. Citations may be issued if these programs are not in place and the
evaluation also is used to determine if there will be any penalty reductions available. The
programs reviewed will include compliance with the following OSHA regulations:
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1.
Hazard Communication (chemicals)
2.
Permit Required Confined Spaces
3.
Lockout / Tagout
4.
Bloodborne Pathogens
5.
Asbestos
6.
Personal Protective Equipment

Make sure that you have the appropriate management employees to participate in the
walk through with the inspector. (Do not send the Cafeteria manager to the maintenance
shop or the school secretary to the Cafeteria.) It is fine for several managers to
participate. Remember that any supervisor will be considered management and this will
qualify as “employer knowledge” during an inspection.

Remember that SCOSHA has the burden of proof for any item addressed. For any
violation, the inspector has to show that the employer knew of the condition or should
have known. You will be asked the following questions for any hazard that they identify:
1. How many employees are exposed? 2. How close do they get to the hazard? 3. How
long are they exposed to the hazard? and, 4. How long has the condition existed? (This
establishes employer knowledge.)

When the walkthrough begins, the inspector will videotape or photo any apparent
violations. It is in your best interest to videotape or photograph whatever he/she does
and from the same angle. You will not be given a copy of the inspector’s notes so you
need to write down every item he/she addresses. Any items that are corrected while the
inspector is present will be to your advantage. Non-serious items, such as the need for
an exit sign, if corrected, will prevent a written citation. Serious items, such as electrical
grounding, if corrected, will allow an additional reduction in penalty, usually 15%.

The inspector will interview employees and he/she will pick these employees at random.
These interviews are confidential and voluntary for the employees chosen. A citation will
not be issued based solely on the statement of an employee.

After the walkthrough, the inspector will review all applicable written programs, to include
Hazard Communication.

The closing conference informs the employer of their rights, which involve informal
conferences and protest. Take notes! You only have 5 days from receipt of any citations
to request for an informal conference. I strongly recommend requesting the informal
conference. With the agreement of correcting all violations and providing safety
awareness training for all employees, you are eligible for the Employer Penalty Option,
which allows for a reduction in penalty up to 60%.

Once you receive the citations in the mail, you usually have up to 30 days to correct all
items. If the 30 days is not enough, with a good reason, you may ask for an extension.
Once the items have been corrected you have to respond with a Letter of Corrective
Action explaining how you corrected all items, the cost of compliance, and photos of
corrected items.
In closing, if you have any questions concerning your rights or these procedures please feel
free to call me at 803-799-6607. This information is also available under Risk Control
Services on the SCSBA Website at http://www.scsba.org.
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