This presentation guides the reader through the new OSHA fines that increase in 2016 and for consecutive years. The presentation tells an organization what to do before, during, and after an OSHA inspection.
2. Inspection Advice from Former
OSHA Inspector
S Paul McNeill, CSP, CHST
S Certified Safety
Professional
S Construction, Health and
Safety Technician
3. OSHA Laws Have Updated
S In November 2015, previous bans on OSHA penalties were
removed
S Penalties have been increased dramatically
S In 2016, penalties were adjusted for inflation
S Each year the penalties will increase with annual inflation
4. Penalties Update Summer of
2016
S By July 1, 2016, the Department of Labor will publish in
the Federal Register an Interim Final Rule adopting the
new penalties
S Penalties will take effect on August 1, 2016
S If companies are currently participating
in inspections that may extend beyond
August 1, 2016, any proposed penalties
will fall under the new penalties
5. Preparation for Inspection
S Organizations must have a plan for the OSHA inspection:
S Before it occurs
S While the inspection occurs
S After the inspection
Company
OSHA
readiness
requires
planning
6. Advance Preparation for
OSHA Inspection
S Organizational planning can limit delays in operations
S Prior planning could limit fines
S Advanced preparation keeps employees safe and
decreases organizational liability
7. S Written safety programs allow an organization to maintain
OSHA compliance
S The plan can even remedy occupational safety concerns
not covered by OSHA
S Employee involvement with the written safety
plan will put the organization in a more positive
light when the OSHA inspector arrives
Written Safety Program
8. Safety Committee Meetings
S Meetings should discuss the type of questions that an
inspector might ask
S Employee training questions
S Employee familiarity with safety programs
S Safety committee meetings should be
be documented for employees and
OSHA
9. Safety Checklist
S A safety checklist provides employees a daily reminder of safety’s
importance
S The checklist should be reviewed by supervisors and safety
personnel at the organization
S Different checklists can be utilized by individual departments to meet
the organization’s needs
S Employees should be using the checklist to look for safety
hazards on a daily basis
S Simple daily checks such as looking for blocked exits can
establish patterns that avoid OSHA citations
10. Establishing Company
Representatives for Inspection
S Personnel involvement in the OSHA inspection must be
designed in advance of the inspection
S Representatives are needed for:
S OSHA opening conference
S Walkaround inspection
S Closing Conference
S Training of all representatives is
highly important
11. OSHA Inspection Roles
S Determine which manager/supervisor will be the primary
contact with the OSHA compliance officer
S Establish union representatives to work with OSHA
S Decide who will accompany the
inspector on the walkaround
S Define who will receive OSHA receives
requests for documents
Clearly Defining Roles
12. Primary
Contact with
OSHA
S Ideally this contact
should be the company’s
safety director
S Individual must be well
versed in OSHA
standards related to the
facility including:
S Health and safety
conditions at the facility
S Company’s health and
safety program
S Location of all company
safety records
13. Primary
Contact with
OSHA
S Representative needs to request
the purpose of the OSHA
inspection
S An inspection involving a complaint
can limit the scope of the OSHA
inspector's scrutiny
S Contact must have knowledge of
national emphasis programs that
relate to the organization's industry
S Combustible dust, federal agencies,
hazardous machinery, hexavalent
chromium, isocyanates, lead, primary
metal industries, process safety
management, shipbreaking, silica,
trenching and excavation
S National emphasis programs may
involve a wall to wall inspection
S Anything an OSHA inspector can
observe in plain view is considered
in evaluating safety conditions and
can result in citations
14. Accompanying
the OSHA
Inspector
S The individual(s)
accompanying the
inspector should be
defined before the
inspection
S This individual will
document the areas
reviewed by the
inspector and any
comments made to or by
the inspector
S While accompanying the
inspector, pictures can
be taken of the
conditions the inspector
notices
15. Receipt of
OSHA
Documentation
Requests
S Person handling documentation
requests must be thoroughly
trained and know the location of
safety documentation
S OSHA inspector may request
copies of documents
S Companies have the option to
ask OSHA to make a written
request
S All written requests from OSHA
should be reviewed by staff before
a response is made
S Produce requested documents in
a timely manner
S Citations can be written for
noncompliance
S Answer only the document
request that is asked
16. Determine in
Advance
Whether to
Request a
Warrant
S Organizations have the right to
ask OSHA inspectors for a
warrant for probable cause to
inspect
S While this option is legally
permissible, it can be
disadvantageous to an employer
S Often, requests for a warrant still
result in the area being inspected
S OSHA inspector will contact
OSHA supervisor and regional
director
S Determination of whether a
warrant is required will be made
by the OSHA regional director
S Requesting a warrant creates
curiosity for the inspector and
may result in enhanced attention
to the establishment
17. The Day of the Inspection
S Opening Conference
S Walkaround Inspection
S Employee Interviews
S Closing Conference
18. Opening Conference
S Send for the organization’s pre-planned OSHA
representatives during the opening conference
S Determine what the subject of the inspection is
S Complaint
S Programmed inspection
S Local enforcement program
S The OSHA inspector will allow up to an hour
before beginning the inspection
S Do not delay the inspection
S There is a specific place on the OSHA notes
for delays
19. Opening Conference
S Use the time during the opening conference to decide the
direction of the walkaround inspection
S Notify floor supervisors to utilize daily safety checklist
S OSHA inspectors have to undergo the same safety
orientation/briefing as employees
and wear the appropriate personal
protective equipment
20. Managing the Inspection
S OSHA inspectors must be accompanied at all times by
company representatives
S The individual(s) going on the walkaround need to make
notes about anything the inspector
says is in an unsafe condition
S These notes will be used during the
closing conference or any informal
conference
21. Pictures During the Inspection
S The OSHA inspector may or may not take pictures
S Organizations can take a picture at the same time the
inspector does
S Representatives should politely ask
what condition attracted attention
S Taking the pictures and writing out
detailed notes gives material to contest a
proposed citation
22. Employee Interviews
S Inspectors can ask to do a random sample of private
employee interviews
S In a company with a union, an employee can choose to
have a union rep or not
S It is not common for managerial staff to be present
during the interview
S Requesting a manager to be present raises red flags
with OSHA and may bring unnecessary attention to
your organization
S Briefing employees about the types of questions that
may be asked prevents the need for management
presence
23. Closing Conference
S The OSHA inspector will lead the closing conference
S Inform the organization of any conditions that they thought
were unsafe
S Explain possible citations
S Request documentation
S Note the organization’s response to
feedback
24. Attitude Matters
S There is a section on the OSHA inspection report for “any unusual
conditions-negative employer attitude”
S Remain polite and neutral with all issues but explain why you feel
a condition is not unsafe
S There is a section on the closing conference
form for the inspector to make comments about on
any issues that were brought up during the
closing conference
S Be sure that high quality notes are taken during the
closing conference
25. After OSHA Leaves
S Correct any unsafe conditions that the OSHA inspector
may have pointed out.
S Any citations that are received must be posted in the
workplace.
S Citations must be posted for a minimum of
three days and should remain posted until the
issue is resolved.
26. Informal Settlement
Procedures
S Companies have 15 working days after receiving a
citation to contest
S If the time elapses, the original fines will remain on the final
order
S Before the 15 days elapse, an informal
settlement conference can be requested
S The notes and pictures your representative
took during the walkaround will be integral
27. During the Informal Settlement
S Discuss why you feel a citation is inaccurate
S Negotiate for the status of an item to be reduced from
“serious” to “other”
S Local OSHA Area Offices have the
authority to reduce monetary fines by
30% - 40%
28. Appeals Procedures After the
Informal Conference
S Companies can initiate a formal appeal by filing a “Notice of
Contest” with OSHA Area Director within 15 working days of
citation receipt
S Violations, monetary penalties, and the abatement deadline
can be appealed
S If the informal conference does not result in a favorable
settlement, your case file is sent to the Regional Solicitor’s
Office of OSHA
S There will likely be further attempts to get your company to
settle on any citations
29. Trial Before an Administrative
Law Judge
S The Regional Solicitor has limited resources
S Only a minute percentage of cases with citations issued
by OSHA ever go all the way trial
S For example, in the nearly 700 OSHA inspections I
performed not a single case went to trial
30. Summary
S Regardless of what the penalty amounts might become
after OSHA increases them, employers should focus
efforts on implementing an effective safety program and
preparing for an OSHA inspection.
