How to Handle and OSHA Inspection

By

1. Why is OSHA here?

2. What made them come to my facility?

3. What do they want?

4. How does the inspection process work?

5. What should I do?

6. What’s this going to cost me?

All great questions that we should have most of the answers to before we show up on the radar.

Imminent Danger - An “imminent danger” is considered to be the most serious situation, and OSHA will assign top priority to these inspections.

Fatality/Catastrophe Investigations - Any accident that results in the injury of three or more employees or the death of one or more employees must be reported to OSHA within 8 hours.

Date of Incident

Company and Location Preliminary Description of Incident

6/13/2012 Scruggs Equipment Company, Memphis, TN 38113

Worker performing maintenance on a front end garbage truck loader was crushed between the driver's side lifting arm and the debris body of the truck.

6/22/2012 Green Mountain Tree Service, Detroit, MI 48223

Worker was crushed by a branch that was cut from a large oak tree.

6/27/2012 Plaska Transmission Line Construction LLC, Eunice, NM 88231

One worker died, another injured after suffering electrical burns when the boom truck they were inside touched a power line.

7/1/2012 R.G. Lumber Corp., Jackman, MA 04945

A worker moving a logging machine died when the machine struck him.

7/2/2012 Oakland Timberjax LLC, Oakland, MD 21550

Worker cutting down trees after storm damage died after falling more than 50 feet to the ground.

7/2/2012 R.G. Lumber Corp., Jackman, MA 04945

A worker moving a logging machine died when the machine struck him.

7/2/2012 W.W. Landscaping Inc., Pinetops, NC 27864

Worker cutting down a nearly 100-foot-high pine tree was struck and killed by another falling tree.

7/3/2012 Escoe Industrial, Jefferson, GA 30549

Worker was electrocuted after falling onto a 4,100-volt switch gear.

7/3/2012 Laning's Dairy Supply, Rosendale, WI 54974

Worker installing a cattle spraying apparatus was struck by a cattle gate carriage, pinning worker between the carriage and a post.

7/5/2012 Mail Contractors of America, Urbandale, IA 50322

Worker was run over and killed when he tried to stop a moving tractor.

7/5/2012 Spancrete, Oshkosh, WI 54901

Worker was struck and killed by a crane boom.

Complaints and Referrals - OSHA can follow up on employee complaints in the following manner:

Signed Complaints - Immediate inspection

Unsigned Complaints - Usually a letter to the employer with alleged violations, but sometimes OSHA will show up without warning

Programmed Inspections (Dodge List) - The routine “surprise” inspections carried out by OSHA are considered important, but less pressing than targeted inspections on serious, repeated, or willful violators.

CPL 02-00-149

Severe Violator Enforcement Program (SVEP)

06/18/2010

Focused Inspections - An inspection that limits the scope to concentrate on the most serious job hazards. Reward for overall safe site and good documentation / enforcement records.

Fall Hazards

Struck By

Caught Between

Electrical Hazards

National Emphasis Programs

COMBUSTIBLE DUST

OSHA Instruction CPL 03-00-008 National Emphasis Program on Combustible Dust (Reissued) (Date: 03/11/2008)

FEDERAL AGENCIES

OSHA Notice 11-04 (FAP 01) Federal Agency Targeting Inspeciton Program (FEDTRG12) (Date:12/23/2011)

FLAVORING CHEMICALS/DIACETYL

OSHA Instruction CPL 03-00-011 Facilities that Manufacture Food Flavorings Containing Diacetyl (Date: 10/30/2009)

HAZARDOUS MACHINERY

OSHA Instruction CPL 03-00-003 National Emphasis Program on Amputations (Date: 10/27/2006)

HEXAVLENT CHROMIUM

OSHA Instruction CPL 02-02-076 National Emphasis Program - Hexavalent Chromium (Date: 02/23/2010)

LEAD

OSHA Instruction CPL 03-00-009 National Emphasis Program on Lead (Date: 08/14/2008)

NURSING AND RESIDENTIAL CARE FACILITIES

OSHA Instruction CPL 03-00-016 National Emphasis Program on Nursing and Residential Care Facilities (Date: 04/05/2012)

PRIMARY METALS INDUSTRIES

OSHA Instruction CPL 03-00-013 Primary Metal Industries (Date: 05/19/2011)

PROCESS SAFETY MANAGEMENT

CPL 03-00-014 PSM Covered Chemical Facilities National Emphasis Program (Date:11/29/2011)

RECORDKEEPING

OSHA Notice 10-07 (CPL 02) Injury and Illness Recordkeeping National Emphasis Program (RK NEP) (Date: 09/28/2010) SHIPBREAKING

OSHA Instruction CPL 03-00-012 National Emphasis Program on Shipbreaking (Date: 11/04/2010) SILICA

OSHA Instruction CPL 03-00-007 National Emphasis Program on Crystalline Silica (Date: 01/24/2008) [PDF] TRENCHING & EXCAVATION

OSHA Instruction CPL 02-00-069 [CPL 2.69] Special Emphasis Program on Trenching and Excavation (Date: 9/19/1985)

REGION V: (IL,** IN,** MI,** MN,** OH, WI)

Directive Title

CPL 04-00 (LEP 001) Building Renovation/Rehabilitation

CPL 04-00 (LEP 002) Powered Industrial Vehicles

CPL 04-00 (LEP 007) Fall Hazards in Construction

CPL 04-00 (LEP 009) Dairy Farm Operations

CPL 04-00 (LEP 017) Grain Handling Facilities

CPL 04-00 (LEP 11) High Rise Building Construction Inspections in Chicago, Illinois

CPL 04-00 (LEP 11-04) Primary Metal Industry

REGION VII: (IA,** KS, MO, NE)

Directive Title

CPL 2-06-11C Auto Body Shops [PDF*]

CPL 2-06-15E Residential Construction in Jefferson County, MO [PDF*]

CPL 2-07-01C Logging and Sawmill Industries [PDF*]

CPL 2-07-02E Residential Construction in St. Charles County, MO [PDF*]

CPL 2-07-03A Demolition Activities That Occur During the Destruction, Restoration, and Renovation of Buildings and Structures [Word*]

CPL 2-07-04E Powered Industrial Trucks in Construction and in General Industry [PDF*]

CPL 2-07-06E Powered Industrial Trucks and Other Material or Personnel Handling Motorized Equipment in Construction and General Industry [PDF*]

CPL 2-07-11E Powered Industrial Trucks in Construction and General Industry [PDF*]

CPL 2-07-13E Oil and Gas Operations [PDF*]

CPL 2-07-14A Amputations [Word*]

CPL 2-07-14A Amputations (Amendment) [Word*]

CPL 2-07-21D Grain Handling Industry [PDF*]

CPL 2-08-02B Electrical Hazards in General Industry Establishments [Word*]

CPL 2-08-05C Commercial and Residential Construction [PDF*]

CPL 2-08-07C Grain Handling Industry [PDF*]

CPL 2-09-01C Covering Maritime Employers [PDF*]

CPL 02-11-01A Work Places With Noise and Respiratory Hazards [PDF*]

CPL 02-11-02A Recycling and Scrap Hazards in General Industry Establishments [PDF*]

CPL 02-11-03A Grain Handling Facilities [PDF*]

CPL 02-11-04A Recycle and Scrap Material Hazards in General Industry Establishments (ARRA) [PDF*]

CPL 02-11-06A Workers Compensation [PDF*]

CPL 02-11-07 Crystalline Silica [Word*]

CPL 02-12-01 Commercial and Residential Construction - Omaha [PDF*]

CPL 2-12-02 High Hazard Work Places Safety Inspections - St. Louis [Word*]

CPL 2-12-09 High Hazard Work Places Safety Inspections - Omaha [Word*]

CPL 2-12-10 High Hazard Work Places Safety Inspections - Kansas City [Word*]

CPL 98-02M Region-wide Problem Solving Initiative on Falls, Scaffolds, and Electrocutions from Overhead Power Lines in Construction [Word*]

High Total Incident Rate (TIR)

High MOD Rate

Prior Inspection due to all or some of the of the above

That answers questions 1- 3

1. Why is OSHA here?

2. What made them come to my facility?

3. What do they want?

Now to Question 4 – 5

1. How does the inspection process work?

2. What should I do?

Verify Inspectors Credentials (does the person at the front desk know what to do?)

Purpose and Scope of Inspection

Copy of the Complaint(s) (if any)

Inspection Process

Management and Labor Representation

Request Copies of Applicable Standards

Inspection Process

Inspect 5 years of your OSHA 300 Log

Written Company Safety Programs that pertain to inspection

Injury Illness Prevention Program ◦ White Papers/Company Safety Commitment/Value Statement

Inspection Process

Always Supervised/Never Alone

Document - Written and Photos

Apparent Violations - Questions/Corrections

Inspection Process

Right to consult with employees

Inspectors must follow all safety rules

Correct problems as the inspection process happens

Inspection Process

Inspector lists all apparent violations

Ask Questions if Unclear

Be Polite Yet Firm on Your Opinions

Explain All Corrective Actions Taken

Inspection Process

Hazard Exists

Employee Exposure

Employer Knew or Should Have Known of the Hazard

Degree or Seriousness of the Hazard

Other than Serious

Serious

Willful

Egregious

Repeated

Failure to Abate

Serious Violation

◦ Substantial probability that death/ serious injury could result from condition or practice in the place of employment.

Other than Serious Violations

◦ Hazard likely to result in injury or illness which would not cause death or serious harm, but has direct relation to safety and health of workers.

Willful ◦ Evidence shows that the employer committed an

intentional & knowing violation of the Act.

Knowledge that a condition is hazardous and did not make a reasonable effort to eliminate it.

Knowledge that the condition violates a Standard.

Knowledge of the requirements of the Standard.

Violation must be deliberate, voluntary or intentional.

Issued when a citation has previously been issued for similar condition

Usually the same standard

Prior citation can have been anywhere in the prior three years- not just the same jobsite!

Question 6

What’s this going to cost me?

VIOLATION TYPE OLD NEW

Willful - Other than SeriousMaximum 10,000 70,000

Minimum None 5,000

Willful - SeriousMaximum 10,000 70,000

Minimum None 25,000

RepeatedMaximum 10,000 70,000

Serious/Other Than SeriousMaximum 1,000 7,000

Failure to AbateEach day beyond date 1,000 7,000

Company Size # Employees %

1 - 25 60

26 - 100 40

101 - 250 20

251 or more None

History No serious/willful/repeat in past 3 years 10

Effective written Safety program = 25%

(includes Mgt commitment, hazard analysis, employee training)

Written Safety Program with minor shortcomings = 15%

Average fine per citations $2,500.00

Average fine per citation in follow standard: ◦ Forklifts $4,000.00/violation

◦ Machine Guarding $7,000.00/violation

◦ LOTO $11,000.00/violation

◦ PRCS $11,000.00/violation

1418

1155

733

689

645

589

572

564

556

522

212(a)(1) - O

1200(e)(1) - Z

212(a)(3)(ii) - O

23(c)(1) - D

1200(h)(1) - Z

151(c) - K

147(c)(1) - J

215(b)(9) - O

147(c)(4)(i) - J

305(b)(1) - S

Sta

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19

10

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S M T W TH F S

2012

After the visit.

After the citation.

After the fine(s).

Informal hearing with OSHA.

Don’t assume the visit went great.

Put a team together to address issues.

Have a meeting with all employees. ◦ Stop the rumor mill

Prepare for the next phase

Review the citation.

Call OSHA with questions.

Determine if there is a violation.

Do you want to contest the citation. (15 days)

Do you want to get the citation eliminated?

Determine the severity of the fine(s). Do you want to contest the amount of the fine.

Can they be reduced? Can they be eliminated?

Determine flight or fight.

Prepare your statement.

State your case.

Bring documentation.

Bring representation (lawyer/consultant)

Go Luck!