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2023 Compliatric Webinar Series - Are You Ready for an OSHA Inspection.pdf

Watch the Webinar Here: https://compliatric.com/are-you-ready-for-an-osha-inspection/ Join us for this informative presentation which will provide attendees with practical information to prepare for, and respond to, an OSHA Notice of Alleged Violation, or an on-site OSHA inspection.

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Are You Ready for an OSHA Inspection?
Paul M. Sarnese, MSE, MAS, CHPA, CAPM
Owner, Secured and Prepared Consulting
Past President of the International Association for Healthcare Security and Safety
Occupational Safety and Health Administration
• Occupational Safety and Health Act of 1970 created OSHA
• Mission is to ensure safe and healthful working conditions by setting and enforcing standards
and to by provide training, outreach, education and assistance.
• OSHA has jurisdiction over 7 million worksites
• The OSH Act covers most private sector employers and their employees, in addition to some
public sector employers.
• Federal OSHA vs. State OSHA
• States can be responsible for OSHA compliance, required to be equal or greater to Federal, cannot be less
than Federal
• https://www.osha.gov/stateplans/
General Duty Clause
• Each employer
• shall furnish to each of his employees' employment and a place of employment which is free
from recognized hazards that are causing or are likely to cause death or serious physical harm
to his employees
• Shall comply with occupational safety and health standards promulgated under the Act
• Each employee shall comply with occupational safety and health standards and all
rules, regulations, and orders issued pursuant to this Act which are applicable to
his own actions and conduct.
Employee Rights
• Working conditions that do not pose a risk of serious harm
• Receive information and education about workplace hazards, methods of prevention, and
OSHA standards that apply to the workplace.
• Review of records of work-related injuries and illnesses.
• File a complaint asking OSHA to inspect their workplace.
• Exercise their rights under the law without retaliation, including reporting an injury or raising
safety and health concerns.
• Employees who feel they were retaliated against, can file a compliant with OSHA as soon as
possible but no later than 30 days.
Whistleblower Protection Act of 1989
• A whistleblower is a person who exposes any kind of information or
activity that is deemed illegal, unethical, or not correct within an
organization.
• Whistleblowers are protected from retaliation for disclosing
information that the employee or applicant reasonably believes
provides evidence of a violation of any law, rule, regulation, gross
mismanagement, gross waste of funds, and abuse of authority, or a
substantial and specific danger to public health or safety.
Hazards
• Workplace violence
• Blood borne pathogens
• Biological hazards
• Chemical and drug exposures
• Waste anesthetic gas exposures
• Respiratory hazards
• Ergonomic hazards
• Hazards associated with laboratories
• Radioactive material and x-ray hazards

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2023 Compliatric Webinar Series - Are You Ready for an OSHA Inspection.pdf

  • 1. Are You Ready for an OSHA Inspection? Paul M. Sarnese, MSE, MAS, CHPA, CAPM Owner, Secured and Prepared Consulting Past President of the International Association for Healthcare Security and Safety
  • 2. Occupational Safety and Health Administration • Occupational Safety and Health Act of 1970 created OSHA • Mission is to ensure safe and healthful working conditions by setting and enforcing standards and to by provide training, outreach, education and assistance. • OSHA has jurisdiction over 7 million worksites • The OSH Act covers most private sector employers and their employees, in addition to some public sector employers. • Federal OSHA vs. State OSHA • States can be responsible for OSHA compliance, required to be equal or greater to Federal, cannot be less than Federal • https://www.osha.gov/stateplans/
  • 3. General Duty Clause • Each employer • shall furnish to each of his employees' employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees • Shall comply with occupational safety and health standards promulgated under the Act • Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
  • 4. Employee Rights • Working conditions that do not pose a risk of serious harm • Receive information and education about workplace hazards, methods of prevention, and OSHA standards that apply to the workplace. • Review of records of work-related injuries and illnesses. • File a complaint asking OSHA to inspect their workplace. • Exercise their rights under the law without retaliation, including reporting an injury or raising safety and health concerns. • Employees who feel they were retaliated against, can file a compliant with OSHA as soon as possible but no later than 30 days.
  • 5. Whistleblower Protection Act of 1989 • A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization. • Whistleblowers are protected from retaliation for disclosing information that the employee or applicant reasonably believes provides evidence of a violation of any law, rule, regulation, gross mismanagement, gross waste of funds, and abuse of authority, or a substantial and specific danger to public health or safety.
  • 6. Hazards • Workplace violence • Blood borne pathogens • Biological hazards • Chemical and drug exposures • Waste anesthetic gas exposures • Respiratory hazards • Ergonomic hazards • Hazards associated with laboratories • Radioactive material and x-ray hazards
  • 7. Hazards Continued • Mechanical maintenance • Medical equipment maintenance • Housekeeping • Food service • Building and grounds maintenance • Laundry • Construction
  • 9. Top 10 OSHA Citations in Healthcare
  • 10. Types of Inspections • Imminent danger situations-hazards that could cause death or serious physical injury receive top priority • Sever injuries and illnesses-employers must report: • All work-related fatalities within 8 hours • Death, inpatient hospitalization, amputations or loss of eye with 24 hours • Workers' complaints-allegations of hazards or violations
  • 11. Types of Inspections • Referrals- other federal, state or local agencies, individuals, agencies, or the media can contact OSHA • Targeted inspections-occur when specific high-hazard industries or individual workplaces have high rates of injuries and illnesses • Follow-up inspection-check for abatement of violations or identified hazards
  • 12. Methods of Notification from OSHA • On-site: OSHA inspector(s) arrive at the worksite from where the complaint was made • Mail: Letter to address from where complaint was made (can cause confusion in multi-tenant/occupant buildings) • Call: A phone call from OSHA informing you a complaint has been made (least used)
  • 13. Alternative Notice of Complaint • Mail: • Establish who the complaint should be directed to, especially true in multi- tenant buildings • If in leased property and complaint is related to the structure, be sure to involve owner and/or management company • Respond to listed complaints individually and include pictures • Phone Call: • Verify call is not a scam, do not depend on caller ID as definitive proof • Respond in writing same as you would to a written complaint
  • 14. Inspection Process - Onsite • Prior to conducting inspection, compliance officers research inspection history, reported data and determine the inspection guidelines to be used • Onsite inspection begins with compliance officer presenting their credentials • Opening conference-compliance officer will explain why the worksite is being inspected. Recommend that facility administration, legal, safety, and human resources be present. If facility is union shop, union rep must be notified. Union can attend opening conference. • Facility tour-compliance officer will tour portions of facility covered by the inspection. Union has right to accompany the compliance officer. Tour is to identify unsafe conditions and acts.
  • 16. Meeting the Inspector(s) • Do not be confrontational! • Listen to the complaint and any requests for documents and/or policies (Hazard Communications, Blood borne Pathogen, etc.) • “Feel out” inspector and their demeanor • Inspector does not know history of person filing complaint, if appropriate fill in details of previous history • If appropriate, provide background and circumstances to complaint if known • Remain cordial and non-defensive during survey
  • 17. Inspection Process • Documents for review: OSHA 300 log, sharps injury logs, # of FTE’s, FEID #, worked hours, incident rates • Certificate of Posting must be signed and dated, suggest union reps also sign the certificate • Notice of Alleged Violation must be posted for minimum of 10 days • Building Tours and area tours, if OSHA takes a picture, you take a picture and it is ok to ask them what they are observing • Staff interviews must take place without company representatives • Environmental testing and analysis may take place
  • 20. Inspection Process • Documentation-employer ID number, number of FTEs, number of FTEs by job code, injury and illness reports, productive hours during a particular year or years, policies, procedures, educational material, and employee health records. • Closing conference- compliance officer discusses findings and potential course of action and next steps. Union can attend closing conference • If violations are identified, OSHA may issue citations and fines. • Violations are categorized as: • Willful • Serious • Other than serious • Failure to abate
  • 21. Employers right following a citation • Employers can request informal conference to discuss identified safety issues with the Area Director to demonstrate hardship, compliance or reduction in proposed fines. Union can attend informal conference. • Employers have 15 days after receipt of citations to formally contest the alleged violations/fines. • Area Director will forward contest to the Occupational Safety and Health Review Commission for independent review.
  • 22. Employers right following a citation • If a Citation and Notification of Penalty is received, you must post the notice for 3 days. • The dollar amount of the proposed fine can be removed prior to the posting. • You have a right to contest the citation and penalty within 15 days of receipt, must be in writing to Area Director. • Each violation must be corrected, and a Certificate of Abatement must be sent to OSHA within 10 days of abatement date.
  • 24. Employers right following a citation • You can also choose to have an Informal Settlement Agreement • This can decrease the penalty up to 25% • This allows you to meet with the Inspector and the Area Director to negotiate/discuss potential remedies, abatement dates and proposed penalties
  • 25. Others who may come calling: • Federal or State Environmental Protection Agency • Large Quantity Generator • Hazardous waste handling and accumulation • Department of Transportation • Waste manifests • Waste manifest signatories and training • International Air Transport Association • Shipping of live biologicals via air
  • 27. Contact Information • Paul Sarnese • 856-305-9204 • Home | Secured And Prepared • paul@securedandprepared.com