2.  To ensure the Safety & Health of America's
working men & women by enforcing standards
& regulation ,providing training, education,
establishing partnerships & encouraging
continual improvement in workplace Safety &
Health as well as development of
comprehensive Safety & Health management
systems
 “IT’S ALL ABOUT THE PEOPLE”

3.  Superior Safety & Health 7 Days a Week
 Engagement , Motivation & Empowerment of
Teams
 Injury/Illness Free Environment

4.  Protect workers from all safety and health
hazards that may exist at your workplace
 Work with OSHA to identify and implement
best practices to protect your workers
 Develop an innovative injury and illness
prevention program for your business that will
protect your workers

5.  Create a better working environment free of
safety and health hazards
 Boost worker morale by involving workers in
creating a culture that emphasizes a safe and
healthful workplace
 Improve communication among workers and
management
 Encourage safety in the community as
workers may transfer safe and healthy work
practices outside of the workplace

6.  Receive official recognition from OSHA for
your achievement of SHARP status and for
maintaining an exemplary injury and illness
prevention program
 Become a leader in your industry by providing
a safe and healthy workplace for workers
 Attract skillful workers looking to join a
business that is at the forefront of its industry
in providing a safe and healthy workplace for
its workers

7.  Lower worker compensation insurance
premiums
 Improve your worker retention and reduce
costly turnover
 Reduce worker days away from work to keep
operations and production running smoothly

8.  Fatality – Catastrophe
 Imminent Danger
 Complaints – Referrals
 Programmed Inspection
Deviation from the priority list is allowed as long as
justifiable
OSHA will not perform inspections of employer’s
home office defined as office work activities

9.  Compliance officer is to be treated courteously
as first impressions dictate the course of the
inspection & characterization of citations
 Receptionist/guard is to immediately contact
facility & safety managers
 Notify corporate/main office & under no
circumstances keep compliance officer waiting

10.  Employer refuses to permit entry upon being presented
proper credentials or allows entry but refuses to permit or
hinders the inspection in some way an attempt shall be
made to obtain as much info as possible about the
establishment
 If employer refuses to allow inspection of the establishment
to proceed the inspector shall leave premises & immediately
report the refusal to the area director
 Entry allowed but employer interferes with or limits any
important aspect of the inspection , the inspector shall
determine whether or not to consider this action as a refusal
 Interfere means refusal to permit walk around , examination
of records , taking of photographs/videos , private
employee interviews

11. Compliance officer will present credentials & have a
informal opening conference with both the safety &
facility managers with a reason why inspection is being
conducted:
 Pursuant to general administrative enforcement plan
 Response to a specific safety or health complaint by an
employee or respective employees
( labor organization)
 Response to a specific referral of a non employee
( government official, media member)
 Response to a fatality or serious accident
 Investigate employee complaint or employer
retaliation against employees for their involvement in
safety & health related activities protected by law

12.  Compliance officer will review injury-illness
records for 3 prior years
 Request 300 logs – hours worked , average
number of employees for each year & roster of
current employees
 Request on site medical facility or location of
nearest emergency where employees may be
treated

13. Recording Criteria ( work related & illness)
 Death
 Days away from work
 Restricted work
 Transfer to another job
 Medical treatment beyond first aid
 Loss of consciousness
 Diagnosis of significant injury or illness

14.  All requested records shall be presented within
(4) four business hours
 Maintenance manager along with safety &
facility manager’s should accompany
compliance officer during the inspection in
order to correct on the spot any minor repairs
or housekeeping noted by the officer.
 Do not admit ever say that the company
believes the conditions corrected were OSHA
violations

15.  If proposed inspection is in response to a specific
complaint, although identity of complainant is
confidential , compliance officer should provide a
copy of complaint & should be requested
 Company should seek to limit scope of inspection
to the cited condition identified. If compliance
officer persists to broaden the scope of the
complaint he should be asked to wait until the
company legal counsel is contacted. Even if the
inspection starts out limited to scope it cab be
broadened if the compliance officer sees or hears
any other hazardous conditions

16. Compliance officer will inquire about company
safety program
CRITICIAL those attending have working
knowledge of facility safety & health procedures:
 Know written programs
 Know safety & heath training programs are
implemented
 Understanding of how accidents at facility are
investigated

17. US Supreme Court rules that OSHA must obtain a warrant to gain
entry to the premises of a company to conduct a investigation when
the employer does not consent to the inspection.
 If you think the particular circumstances presented may justify
requiring OSHA to obtain a warrant or if any questions contact
General Counsel Office
 As a general rule consideration should be given to requiring a
warrant when the compliance officer indicates during the open
conference, although inspection is complaint/referral based , he
intends to expand the scope of the inspection beyond the areas
identified in the complaint/referral
 If the compliance officer presents a inspection warrant upon
arrival to the facility, photocopy the warrant & any supporting
documentation & contact the General Counsel & corporate offices

18.  Opening conference will be held jointly with both
the employer & if employee is requested, an
employee representative
 Compliance officer will explain purpose of visit &
outline scope of inspection including scope of
physical inspection of facility, records to be
reviewed & whether management private
employee interviews will be conducted
 Compliance officer will also state during open
conference whether inspection is safety oriented or
health oriented
 No legal obligation for employee to sign any
written statement prepared by compliance officer

19.  If proposed inspection is in response to a
specific complaint or referral, the company
should seek to obtain a copy of the complaint
 Identity of employee complaint is confidential
 Compliance officer should provide a copy
upon request
 Compliance officer may decline to provide a
copy

20.  Company associates will take notes of all
comments & make notes of all photos & videos
taken
 Compliance officer may have private interviews &
if management interviews company has right to
have company representative present
 If non management employees had interviews
their names should be noted
 A compliance officer audio or videotape the
interview unless the employee being interviewed
consents

21.  If event such as violations of blocked aisles ,
hazardous projections or other deficiencies the
company reps (maintenance mgr.) should take
immediate action where easy corrective
measures can be accomplished

22.  After inspection is completed the compliance
officer holds a closing conference & safety & health
violations will be reviewed
 The compliance officer will not reveal which items
will result in citations/penalties
 Statements made by company rep may effect the
issuance of a citation /summons as well as the
extent of the proposed penalty
 Critical to maintain a courteous & professional
demeanor
 If compliance officer makes a incorrect statement ,
politely correct the officer

23. Inspector shall discuss apparent violations &
other pertinent issue found during inspection &
note relevant comments for establishing
corrective dates & discuss strengths & weaknesses

24.  Company has (15) fifteen working days to
notify OSHA in writing that it wishes to contest
any citations/penalties
 If company does not agree with citation ask for
a informal conference with OSHA area director
during the (15) day period
 This provides opportunity for further
discussion with the compliance officer &
supervisor & the amount of penalty is often
reduced as a result

25.  Important the informal conference does not
extend the (15) working day requirement for
filing of a written notice of contest
 If the outcome of the informal conference is not
satisfactory , the company may still want to
contest the citation
 Company can contest all or any part of alleged
violations , proposed assessment of penalties or
entire citation

26.  If a notice of contest is filed contesting a violation as
long as the alleged violated condition is under contest,
there is no duty to correct the condition
 If the citation/penalties are not contested within (15)
from receipt , the citation & assessment become a final
order of the OSHA review commission which cannot
be reviewed by any court or agency
 Once a citation becomes a final order , it may be used
as a basis as a REPEAT OR WILLFUL VIOLATION
This should be taken into consideration for
future citations to contest decisions

27.  If employer contests violation penalties need
not be paid until final order date
 Penalty factors:
 Gravity of violation
 Size of employee business
 Good faith of the employer
 Employers history of previous violations
 Gravity of violation is primary consideration in
determining penalty amounts

28. Criteria To Investigate Possible Criminal Willful
Violations
 Employer violated OSHA standard
 Violation was willful in nature
 Caused death of employee

29. Penalties may not exceed 100% dependent upon (3) things:
 Business size/number of employees
 Good faith
 History of previous violations
Parameters are as follows:
 Maximum of 60% ( 80% for serious willful violations)
reduction is limited for size
 Maximum of 35% reduction for good faith
 10% reduction for no violation history
NO PENALTY REDUCTION CAN BE MADE MORE THAN
100%

30.  Immediately after compliance officer leaves
facility manager should meet with all
appropriate management reps to discuss the
OSHA inspection & the compliance officers
observations & findings
 Facility manager is responsible for formulating
a plan to respond to the officers observations &
findings
 The “Report of OSHA Inspection” must be
completed within (24) hours of OSHA on site
inspection

31.  If record keeping deficiencies suspected ,
request assistance from OSHA regional records
coordinator
 Implement Cleaning & Safety Program
 Daily Inspection Report/Check Off List
(ex. pallets standing up , liquid on floor ,
pallets/product hanging off rack , racks damaged
or bent causing weakened & hazardous situation)

32.  On site OSHA consultation programs are available
in all 50 states
 There are a variety of services at NO COST to
employer including (but not limited to) assisting in
development & implementation of an effective
safety & health management system
 Offers training & education to employer &
employees at work site
Smaller businesses in high hazard industries or those
involved in hazardous operations receive priority

33.  The state on site consultation program is separate
from OSHA enforcement efforts
 Under on site consultation programs no citations
are issued nor are penalties imposed
 SHARP – Program to recognize employees efforts to
create a safe workplace & exempts them from
programmed inspections
 Sharp is designed to provide incentives & support those
employees that implement & continuously improve
effective safety & health management systems at their
worksite & participants are exempt from OSHA
programmed inspections.

34.  Organizations can enter strategic partnerships
with OSHA to address specific safety & health
issues
 In these partnerships OSHA enters into
extended , voluntary , cooperative relationships
with groups of employees & employee
representatives in order to encourage , assist &
recognize efforts to eliminate serious hazards &
to achieve a high level of employee safety &
health.

35.  SHARP current participant inspector notifies area
director to remove from OSHA General
Programmed Inspection Schedule for the approved
exemption period which begins on date the regional
office approves the employers participation in
SHARP
 Initial exemption period is up to (2) two years.
 The renewal exemption period is up to (3) three
years based upon the recommendation of the
consultation project manager

36. Consultant will structure your environment to
implement & maintain 100% compliance with
ownership empowered to & self sustained by your
employees of proper policies & procedures.
 Report of OSHA Inspection
 OSHA Inspection Notes
 Photography & Videotape Policy
 Acknowledgement of Trade Secrets & Confidential
Proprietary Information
 OSHA Inspection Checklist
 Inspection Identification Log