OSHA: Being Ready and Surviving an Inspection

John HeyerKettle Moraine Coatings

Jackson, WIMay 2, 2016

May 2-3, 2016

MY COMPANY EXPERIENCED THE

TITLE LINE EARLY IN 2012

AND AGAIN IN 2014

DEFINITELY NOT FUNTOOK FROM MARCH – AUGUST

COST SOME MONEYTHINGS WERE LEARNED

WE ARE A SAFER COMPANY

OSHA OF 2016PROBABLY AS WELL STAFFED

AS AT ANY TIME IN MY MEMORY

SOME WILL SAY --OSHA IS A PROFIT CENTER

OSHA COVERS ITS OWN COSTS

QUOTE FROM OSHA OFFICIAL --OSHA VIEWS FINES AS A

TEACHING TOOL TO ENCOURAGE COMPANIES

TO FOLLOW SAFETY REGULATIONS

WHATEVER YOUR FEELINGS ON THIS ARE –

OSHA IS OUT AND ABOUT –BIG TIME

VIOLATIONS RESULT IN FINES

NOBODY SHOULD THINKTHEY ARE TOO SMALL

OR TOO OUT OF THE WAY –IF THEY MEET ONE OF THE CRITERIA OSHA IS USING—IT IS A MATTER OF WHEN

NOT IF

GIVEN ALL THIS –IT PAYS TO KNOW AS MUCH

AS POSSIBLE –WHAT CAN LEAD TO AN INSPECTION?

HOW CAN I PREPARE?WHAT HAPPENS DURING AN INSPECTION?

WHAT ARE YOUR OPTIONS WHEN YOU ARE CITED?

GIVEN ALL THIS –IT PAYS TO KNOW AS MUCH

AS POSSIBLE –WHAT CAN LEAD TO AN INSPECTION?

HOW CAN I PREPARE?WHAT HAPPENS DURING AND INSPECTION?

WHAT ARE YOUR OPTIONS WHEN YOU ARE CITED?

PURPOSE OF TALK

IS TO PROVIDE

INFORMATION

ON ALL OF THIS

I AM

NOT AN EXPERT

ON ALL THINGS SAFETY --

MY COMPANY HAS BEEN THROUGH

A FEW INSPECTIONS –

I HAVE LEARNED A FEW THINGS

THROUGH THESE EXPERIENCES –

I WANT TO PASS THEM ON

WHAT ARE CRITERIA

THAT CAN

TRIGGER AN

INSPECTION??

SERIOUS ACCIDENT OR WORSE YET --

A DEATH

A DEATH AT THE COMPANY

WILL RESULT IN

A MANDATORY

OSHA VISIT

EMPLOYEE COMPLAINT

TO OSHA

IF AN EMPLOYEE COMPLAINS

TO OSHA –

OSHA HAS TO INVESTIGATE –

YOU WILL AT LEAST BE CALLED –

VERY LIKELY WILL BE VISITED

AVOIDING THIS

CAN BE CHALLENGING –

CALLING OSHA CAN BE A WAY

FOR A “DISGRUNTLED EMPLOYEE”

TO GET BACK

HAVE A GOOD SAFETY CULTURE

EVERYONE FOLLOWS REGULATIONS

ENCOURAGE DIALOG ON SAFETY

LISTEN TO EMPLOYEES

OSHA REPORTABLE RATEIS HIGHER

THAN INDUSTRY AVERAGE

BASIC FORMULA IS --HOURS LOST

PER HOURS WORKED

NOT REPORTING IS NOT AN OPTION

MAKE SURE HOWEVER

YOU KNOW WHAT TO

REPORT AND WHAT

GOES INTO THE CALCULATION

NOT EVERY WORKERS COMP INJURY IS OSHA REPORTABLE –

ONLY PUT THE ONES THAT AREON YOUR OSHA LOG

RECORD EVERY HOUR WORKED –

PLANT SUPERVISION

ALL OVERTIME

ALL HOURS FROM TEMPS

REVIEW EVERY REPORTABLE INJURY –

TAKE CORRECTIVE ACTIONS

DOCUMENT ACTIONS TAKENHAVE DOCUMENTATION

AVAILABLE --PRESENT TO OSHA

WHEN/IF THEY COME

WATCH CAREFULLYFOR ANY TRENDS –

OSHA WILL WHEN THEY COME –A TREND COULD BE AS FEW AS TWO –

AND THE INJURIES DO NOT NEED TO BE SERIOUS

IF YOUR RATE IS

ABOVE YOUR INDUSTRY AVERAGE –

OSHA WILL SEND YOU A LETTER

NOTIFYING YOU OF THIS –

AND THAT AS A RESULT –

YOUR COMPANY IS A PRIORITY

FOR AN INSPECTION

SHOULD YOU GET THIS LETTER –

TAKE IT VERY SERIOUSLY!!!

IN TODAY’S ENVIRONMENT –

IT IS ONLY A MATTER OF WHEN

YOUR COMPANYIS AN INDUSTRY

OR HAS CONDITIONS OSHA IS TARGETING

FOR INSPECTIONS

YOU WILL NOT BE

EXITING YOUR INDUSTRY –

YOU CAN HOWEVER

KNOW IF YOURS IS A TARGET

PUT A PLAN IN PLACE --TO PUT YOUR COMPANY

IN THE BEST POSITION POSSIBLE --

TO AVOID AN INSPECTIONOR BE READY IF YOU GET ONE

SOME THINGSTO CONSIDER --

MAKE A COMMITMENT

TO A SAFETY CULTURE –

TOP MANAGEMENT COMMITMENT

COMMITMENT OF ANY

REQUIRED FINANCIAL RESOURCES

ASSIGN

SOMEBODY IN MANAGEMENT

TO BE RESPONSIBLE

HE/SHE CAN BECOME AN EXPERT

USE A SAFETY CONSULTING COMPANY

COMBINATION OF THE TWO

GET EMPLOYEE

BUY-IN

SAFETY COMMITTEE

SAFETY GAMES --SAFETY BINGOSAFETY CROSS

EMPLOYEES WIN WHENTHERE ARE NO LOST TIME ACCIDENTS

CAUTION –OSHA CANNOT VIEW

ACTIVITY AS AN INCENTIVETO NOT REPORT

INJURIES

HAVE EMPLOYEE CHILDREN

CREATE SAFETY DRAWINGS –

POST IN PLANT

MAKE SURE ALL OSHA MANDATED TRAINING

IS DONE –HAVE GOOD EMPLOYEE

TRAINING RECORDS

HAZARDOUS COMMUNICATION

LOCK OUT TAG OUT

FORK LIFT DRIVE TRAINING

ALSO POSSIBLE --BLOOD-BORN PATHOGENS

DUST MASK TRAININGPROTECTIVE CLOTHING

CONFINED SPACE

REP FROM

WORKERS COMP INSURANCE PROVIDER

COME FOR

REGULAR INSPECTIONS

LOCAL FIRE DEPARTMENT

IN FOR REGULAR

INSPECTIONS

CONSIDER USING OSHA

CONSULTING SERVICE

OSHA CANNOT FINE FOR VIOLATIONS --

YOU DO HAVE TO CORRECT

NOT EVERYONE AGREESON THIS ONE –

THERE CAN BE A COST

COMPANY GOES ON RECORD

WITH OSHA AS

WANTING TO FOLLOW REGS

GAIN INSIGHTS

INTO PRIORITIES

OF LOCAL OFFICE &

CHANCE TO REVIEW REGS

THAT ARE VAGUE

EVEN IF YOU CHOOSE

NOT TO USE OSHA CONSULTING –

CALL LOCAL OFFICE

WHENEVER YOU ARE IN DOUBT

ABOUT HOW TO COMPLY

WITH A REGULATION

DOCUMENT CALL -- AND ADVICE

BRING A REP FROM

SAFETY CONSULTING SERVICE

TO DO

A TRIAL INSPECTION

YOUR STATE MAY

HAVE A SAFETY AGENCY

THAT PROVIDES

CONSULTING

SERVICES --

USE THIS

YOU WILL HAVE TO CORRECT

ANY VIOLATIONS FOUND

OSHA MAY NOT

BE ABLE TO INSPECT

IF YOU ARE USING YOUR STATE’S SERVICE

DEVELOP FACILITY INSPECTION LIST

OF BASIC ITEMS OFWELL ORDERED AND

SAFE PLANT WILL HAVE

EXAMPLES

PAY ATTENTION TO ANY BALCONY

WHERE THINGS ARE STORED –POST LOAD LIMITS

HAVE RAILINGS

ANY ELEVATED SURFACE

WHERE MAINTENANCE IS DONE –

TOP OF AN OVEN –

NEED SAFETY PROTECTION –

GUARD RAIL OR HARNESS

FIRE EXTINGUISHERS

CLEARLY LABELED

NOT BLOCKED

YOU ARE USING

PROPER KNOZZLES

FOR COMPRESSED AIR –

NOT TURNED UP TOO HIGH

PROPER USEOF

EXTENSION CHORDS

USE ONLY OSHA APPROVED

ELECTRIC HOUSINGS

ALL ELECTRIC BOXESPROPERLY LABELED

ALL REQUIRED

PERSONAL SAFETY ITEMS

SUCH AS SAFETY GLASSES –

ARE BEING USED!!!

ALL MACHINERY

PROPERLY GUARDED

SUMP PUMP PITSHAVE COVER IN PLACE

ALL CONTAINERSWITH A PRODUCT IN THEM –

PROPERLY LABELED WITH PRODUCT NUMBER

SUPPLIER

CONDUCTREGULAR

INSPECTIONSON

FACILITY INSPECTION LIST

MAKE SURE YOUR SUPERVISORS

UNDERSTAND THE RULES

AND ENFORCE THEM

NO CORNERS CUT

NO MR/MS NICE GUY

GET A COPY

OSHA

SMALL BUSINESS

HANDBOOK

ALL

SAFETY ITEMS

REQUIRED ON EQUIPMENT

PRESENT AND OPERATING

EXAMPLE –

FIRE DETECTION +

AUTO SHUTOFF

BOOTH WITH

AUTO GUNS

REVIEW ALL

OSHA REPORTABLE INCIDENTS

DOCUMENT REVIEW

& CORRECTIVE ACTIONS

LOOK FOR ANY PATTERNS

OR REPEATS –

TAKE ACTIONS TO CORRECT –

REPEAT MIGHT BE 2 –

OSHA WILL BE LOOKING FOR THIS

HAVE OSHA INSPECTION

ACTION PLAN

WHAT TO DOIF AN OSHA INSPECTOR

SHOWS UP

OSHA COMPLIANCE OFFICER

WILL IDENTIFY HIM/HERSELF

SHOW CREDENTIALS

GIVE REASON THAT LED TO VISIT

HAVE OPENING CONFERENCE

GOOD CHANCE

OSHA LOGS

WILL BE INSPECTED

IF ACCIDENT RATE

WAS REASON FOR VISIT –

ACTUAL RATE WILL BE VERIFIED

IF IN FACT RATE IS BELOW

INDUSTRY AVERAGE

INSPECTOR MOST LIKELY WILL LEAVE

IF NOT HE/SHE WILL INSPECT

ALL OF THESE PRELIMINARIES

WILL TAKE TIME –

TAKE ADVANTAGE OF IT!!

KEY PEOPLE

KNOW WHAT TO DO

IF OSHA VISITS –

ACTIVATE YOUR

OSHA ACTION PLAN

CHECK OUT

ITEMS ON

FACILTY INSPECTION LIST

COMPANY REP SHOULD BE

WITH INSPECTOR DURING INSPECTION

DOCUMENT ALL APPARENT VIOLATIONS

GOOD IDEA TO HAVE CAMERAMOST LIKELY

OSHA OFFICER WILL

AFTER INSPECTIONPOSSIBLE VIOLATIONS

WILL BE REVIEWED

ONE OR MORE ADDITIONAL VISITS

MAY BE SCHEDULED –MOST LIKELY

THE ONLY UNSCHEDULED VISITWILL BE THE FIRST

FOR A POWDER COAT OPERATIONGOOD CHANCE

OSHA WILL WANT TO COME BACKTO TEST FOR

DUSTNOISE

FIX ALL VIOLATIONS

AS SOON AS POSSIBLE

DOCUMENT FIX

COMMUNICATE TO OSHA

AFTER INSPECTIONS ARE CONCLUDED –

COMPANY WILL BE NOTIFIED OFPROPOSED VIOLATIONS –FIRST POSSIBLY BY PHONE

SECOND BY REGISTERED MAIL

DO NOT

BE SURPRISED

IF THIS PROCESS

TAKES SEVERAL MONTHS

REGISTERED MAIL NOTIFICATION

WILL HAVE

DETAILED BREAKDOWN

OF ALL VIOLATIONS

REG WILL BE NOTED

FINES FOR VIOLATIONS

WILL BE ASSESSED

BE PREPARED FORA BIG FINE NUMBER

WITH OFFICIAL NOTICECLOCK STARTS TICKINGCOMPANY HAS 15 DAYS

TO EITHER CONTEST OR AGREE TO PAY

MOST LIKELY

OPPORTUNITY WILL BE GIVEN FOR AN

“INFORMAL CONFERENCE”

WITHIN THE 15 DAYS

“INFORMAL CONFERENCE”MEETING WITH

COMPANY MANAGEMENT+

OSHA OFFICIAL

COMPANY

SHOULD DEFINITELY

TAKE ADVANTAGE

OF THIS OFFER

CHANCE TO PLEAD YOUR CASE

CONTEST ANY VIOLATION

OR FINE

YOU FEEL IS WRONG OR

EXCESSIVE

SOME VIOLATIONSCOULD BE “MINOR”

AND WITHOUT A FINE –

DO NOT IGNORE THESE –IF YOU FEEL THEY

ARE NOT WARRENTED –CONTEST

IS OSHA RETURNS

AND DECIDES TO FINE FOR

SAME THING –

EVEN THOUGH FIRST VIOLATION

HAD NO FINE –

SECOND WOULD BE “REPEAT”

AND FINE COULD BE BIGGER

MAKE SURE

SPECIFICS THAT LED

TO VIOLATION

ARE DOCUMENTED BY OSHA

DOCUMENTALL

REMEDIATIONSCOMPANY

HAS ALREADY MADE

MOST LIKELY OSHA WILL PRESENT A

COUNTER OFFERAT

“INFORMAL CONFERENCE”

SOME VIOLATIONS MIGHT BE DROPPED

SOME MIGHT BE COMBINED

GOOD CHANCE

FINES WILL BE REDUCED

COMPANY HAS

15 DAYS

TO ACCEPT VIOLATIONS

OR APPEAL

INFORMAL CONFERENCE

WILL HAPPEN

WITHIN 15 DAYS

COUNTER OFFER

WILL MOST LIKELY BE

TAKE OR LEAVE IT --

ONE OFFER

COMPANY CAN STILLCHOOSE TOCONTEST –

BUT --FINES AND VIOLATIONS

GO BACK TO ORIGINAL

ONCE COUNTER OFFER IS

AGREED TO

PAPERWORK WILL

BE SET UP

PAYMENT SCHEDULE SET UP

OSHA WILL EVEN ALLOW

PAYMENT OVER TIME!!!

QUESTIONS??