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What To Do When An Inspector Knocks On Your Door
- 2. Presented By Peter Zaidel KPA Product Manager pzaidel@kpaonline.com 303-228-2397
- 3. KPA – Company Profile • Nationwide compliance expert on Safety, Environmental, HR • Colorado Headquarters • 23 Years Experience • 3000 + Clients – Dealerships, Service, Repair • 20 Offices Serving 41 States • Compliance products and services – OSHA – DOT – EPA – Workers’ Comp – Background checking – Onboarding – Harassment – Red Flags – Onsite inspections – Online and onsite training and tracking – And many more…
- 4. Overview • Why they show up • Preparing for an inspection • Visit protocols
- 6. Why do they show up? OSHA & EPA • Routine (Bad) • Complaint (Worse) • Incident (Awful) DOT • Air Shipment • Ground Shipment • On – Road Incident
- 7. Emphasis Programs • OSHA National Emphasis Programs – Combustible Dust – Hazardous Machinery – Lead – Silica • OSHA Local/Regional Emphasis Programs http://www.osha.gov/dep/local_emphasis_programs.html • EPA Enforcement Focus – Stormwater – Underground Storage Tanks – Pollution Prevention
- 8. Top Violations – OSHA • Hazard Communication • Electrical Safety • General Duty Clause • Personal Protective Equipment • Spray Finishing Using Flammables
- 9. Top Violations EPA • Emergency / Spill Response • Storage Tank Management • A/C Certifications • Hazardous Waste Management • Recordkeeping and Reporting
- 10. Top Violations DOT • Incorrectly Filled Out Shipping Papers • Shipments by Air • Training Requirements • 24 Hour Emergency Number • Labeling and Packaging Requirements
- 12. Be Prepared – Prevention • Communication – Safety Committees • Training • Organized Recordkeeping • Facility Audits • Clearly written programs, policies and procedures
- 13. OSHA Complaints • Burden of proof • Know the requirements • Drown them in paperwork • Answer on time • Promise resolution
- 15. During the Visit • Greet and Identify the Inspector • Conduct an Opening Conference • Accompany the inspector during the visit • Hold a closing conference
- 16. Greet and Identify the Inspector • Employee Training – Direct inspector to a manager • Verify Identity – Name of Individual – Agency Represented • Obtain a business Card • Contact KPA or your EHS Consultant
- 17. Conduct an Opening Conference • Remain Friendly and Professional • Determine Purpose and Scope • Notify Inspector of Company Safety Policies and Restricted Areas • If evidence of serious Hazards or Criminal Activity – Contact Owner/General Manager
- 18. Accompany the Inspector • Guide inspector to areas identified in the opening conference • Answer questions – Do not guess • Limit contact with mis-informed or disgruntled employees – Any employee may be asked for an interview – An employee may request representation
- 19. During the Inspection (cont.) • Take notes and observe sampling procedures – Note any issues of high concern • Take photographs • Ask questions – Do not volunteer information • Limit documents to those requested
- 20. Hold a Closing Conference • Ask inspector to identify what was found • Formal report • Split samples and photographs • Timeline of next steps
- 21. Report and Follow Up • Write your own summary – Include recommendation for remediation • Maintain Communication • Respond to the formal report
- 22. Inspection Resources • Electronic Code of Federal Regulations http://www.gpoaccess.gov/ecfr/ • KPA inspection protocol • OSHA Field Operations Manual – CPL 02-00-148 • Annual DART Letter https://www.osha.gov/as/opa/foia/hot_16.html
- 23. Important Takeaways Be Prepared • Communication • Accurate paperwork Take Complaints Seriously • Respond quickly • Prove your due diligence Follow Inspection Protocols • Identify Inspector • Opening Conference • Guided Inspection • Closing Conference