OSHA Inspections
and Citations.

Inception:
 Occupational Safety and Health Act (1971).
 29 U.S.C. §§ 651-678.

Mission:
 To assure safe and healthful working conditions
by setting and enforcing standards and by
providing training, outreach, education and
assistance.
Dallas, TNT, Season 2, Episode 10, Guilt &
Innocence

Generally applies to all domestic employers
and employees.

Exempted:
 Self-Employed.
 Family farm workers with no outside employees.
 Regulated by other Agency.
○ MSHA, FAA, USCG, BSEE, etc.

OSH Act Sec. 5: General Duty Clause:
 Each employer shall furnish a place of
employment free from recognized hazards likely
to cause death or serious physical harm.

Specific Standards:
 29 CFR 1904 – Recordkeeping
 29 CFR 1910 – General Safety
 29 CFR 1926 – Construction
 29 CFR 1928 – Agriculture
OSHA Regulations and the
Oil & Gas Industry

Oil & Gas Well Drilling,
Servicing and Storage
Industry Focus.

Available at:
 http://www.osha.gov/SLTC/oil
gaswelldrilling/

Frequently Cited:
 Electrical Wiring and Sys.
 Guarding Floor/Wall
Openings
 General Duty Clause
 PPE
 Hazard Communication

OSHA Oil & Gas Directives:
 Oil Well Derrick Stability: Guywire
Anchor Systems.
 National Emphasis Program:
Crystalline Silica.

Hazard Information Bulletins:
 Diesel Exhaust/Diesel Particulate
Matter.
 Barrier Guards for Drawworks Drum
at Oil Drilling Sites.

Online, interactive website for Oil & Gas Industry.

Provides reference to:





Applicable standards.
Potential hazards (JSA topics).
Safe practices.
Suggested training.
Available at:
 http://www.osha.gov/SLTC/etools/oilandgas/index.html

Presenters from OSHA, NIOSH and Industry
Groups focusing on Oil & Gas Industry.

Next: December 2-3, 2014.

2012 Conference Presentations Available:
 http://www.oshasafetyconference.org/Events/ugm/Os
ha2012/
Implementing Safety Standards

OSHA Compliance Safety and Health Officer.

Unscheduled and Scheduled Inspections.

May include examination of:
 Required record keeping.
 Workplace and site safety evaluation.
 Abatement and compliance assessment.

CSHO Inspection Priorities :
1. Imminent Danger Assessment.
2. Catastrophe/Fatality Investigation.
3. Worker Complaints.
4. Targeted Inspections (National
Emphasis Programs).
5. Follow-up of Prior Inspections for
Abatement and Compliance.

CSHO Must:
 Present credentials and define scope.
 Reasonable accommodations for business.
 Allow employer/employee representatives to observe.

CSHO May:
 Visually observe workplace, photograph and sample.
 Review required records, placards and postings.
 Interview employees and take statements.
 Request additional documentation.

Closing Conference
 Note violation(s) observed and nature.
 Identify possible abatement measures/deadlines.
 Detail employee rights and non-retaliation rules.
 Employer’s opportunity to correct factual errors.
 Do not admit violation(s)!
Citation, Penalties
and Procedure

Citation and Notification of Penalty:
 Violated standard(s) observed during inspection.
 Assessment of penalty(ies).
 Abatement requirements and deadlines.
 Posting and notification requirements.

“Serious”: Substantial probability of death or
serious harm.
 Up to $7,000 per violation.

“Other than Serious”: Probably not cause death
or serious harm.
 Up to $7,000 per violation.

“De Minimis”: Employer implemented different
measure with no immediate safety concern.

“Repeated”: If cited within 5 years for
same/substantially similar condition.
 Up to $70,000 per violation.

“Willful”: Intentional disregard or plain
indifference to employee safety.
 Up to $70,000 per violation.
 Possible criminal charges.

Explanation of violations cited.

Explanation of applicable standards.
 Specific standard or General Duty Clause.

Discuss abatement measures and timing.

Negotiate informal settlement agreement.
 Resolve disputed Citations and penalties.
 Penalty negotiation.

Agree and accept violations and penalties; or
contest Citation, proposed penalty(ies) and
abatement date.

Compliance for Uncontested Citation:
 Pay penalty(ies).
 Abatement compliance certification.

Petition for Modification of Abatement:
 Seek delay in abatement period or abatement actions.

Notice of Contest:
 Must be served within 15 working days from
receipt of Citation.

Commencement of Contest:
 Sec. of Labor files Complaint within 20 days.
 Employer files Answer within 20 days.
 May elect “Simplified Proceedings.”

Discovery governed by OSHRC Rules.

Evidentiary hearing before ALJ governed by
Federal Rules of Evidence.

Petition for Discretionary Review of ALJ
decision before Review Commission.

If not directed for review, employer may file
petition for review in Court of Appeals.

Secretary of Labor has initial burden:
1. Applicability of cited standard;
2. Employer’s non-compliance with standard;
3. Employee access to violative condition; and
4. Employer’s actual or constructive knowledge of
violation.

Isolated Employee Misconduct:
 Adequate plan for training and supervision
with specific instruction, but no employer
knowledge of misconduct.

Impossibility/Greater Hazard:
 Compliance with requirements would have
been functionally impossible or precluded
task and no alternative means available.

Infeasibility of Abatement:
 Means of compliance would have been infeasible
or necessary work would be infeasible after
compliance, and alternative means used or no
feasible alternative.

Multi-Employer Citation Policy:
 Employer did not cause hazard or control
conditions, but took reasonable steps to notify
causing party and to protect employees.
How to Avoid Headaches
in Dealing with OSHA

Take advantage of available OSHA training.

Engage outside counsel before issues arise.

Know what to expect during inspections.

Take Advantage of Informal Conference and
Contest Citations.

Be proactive at every step!

OSHA funding for inspections has not decreased.

OSHA has many training and compliance resources
available at little to no cost.

HS&E personnel must identify and comply with
standards and recordkeeping.
 Illness and Injury Prevent Policy (I2P2).
 OSHA 300, 300-A and 301.

Paper the file!

Majority are unscheduled inspections.
 In the heat of the moment is not the time to make
important decisions.

Prepare beforehand!
 Engage outside counsel before inspection occurs.
○ Work product privilege if subsequent litigation.
 Identify Inspection Response Team.
○ Designate “point person” to accompany CSHO.

Should request time for counsel or safety
representative to accompany CSHO.
 CSHO will typically wait if not unreasonable delay.

Can deny entry and demand search warrant.
 Do not have to consent to inspection.
 OSHA can obtain ex parte.

Counsel/safety representative should
shadow CSHO.
 Take identical photos, videos and samples.
 Request duplicates of all photos, videos, samples
and copies of test results.
 Limit CSHO’s access only to defined scope.
 Protection of Trade Secrets.

Employee interviews:
 CSHO can interview employees privately.
 Employee can request employer presence.
 Employer does have right to speak with
employees.
 No requirement for employee to sign statement.
Dallas, TNT, Season 2, Episode 10, Guilt &
Innocence

Only chance to discuss Citation/violation(s)
informally.

Discuss applicability of standards cited.
 If specific standard applicable, it should be cited
rather than General Duty Clause.
 Consider guidance from ANSI, API, IADC, etc.

Request abatement assistance and options.
 Impossibility or Greater Hazard Defenses?

Negotiate settlement and penalty.
 General Duty Clause can only be categorized as
“Serious” violation.
 Specific standards can be “Other than Serious” or
lesser violation.

Must serve Notice of Contest within 15
working days of receipt of Citation.
 Informal Conference does not stay deadline.

Must plead affirmative defenses.

Must prepare for evidentiary hearing like any
trial and make complete record.