For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866...

For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866

Surviving an OSHA Inspection

This webcast will cover ...• Who is targeted for an inspection,• What are the key areas of

enforcement,• What goes on during an inspection,• What OSHA looks for,• What your rights are as an employer,• How to get fines reduced, • How to prepare for/avoid an

inspection, and• Question & Answer

Moderator• Webb Shaw, Director of Editorial

Resources

Panelists• Joe (Travis) Rhoden, Editor – Workplace Safety• Robert O’Connell, Account Executive

Attention Attendees:+ Thank you for attending!+ The presentation will start in a few

minutes at 1:00 PM Central.+ Please use your computer speakers to

listen to the event. If you have audio issues, dial-in info is below.

+ You will be muted during the event.+ Please use the Question feature to text

questions to Panelists. We’ll try to answer them during the Q&A period if they are not covered in the presentation.

+ The slides will be posted in 1-2 days and the recording in 7 days at http://www.jjkeller.com/cbdawebcasts


Surviving an OSHA Inspection Panelists

Webb ShawDirector of Editorial

Resources

Joe (Travis) Rhoden Editor – Workplace

Safety

Robert O’Connell, Account Executive


Introduction• Who is targeted for an inspection• What are the key areas of enforcement• What goes on during an inspection• What OSHA looks for• What your rights are as an employer• How to get fines reduced• How to prepare for/avoid an inspection• Question & Answer• Housekeeping issues:

You will be muted during the event. Please use the Question feature to text questions to the Panelists. We’ll try to

answer them during the Q&A period if they are not covered in the presentation. If you lose sound at any point, you can dial-in by phone using the number and

Pass Code listed below. If you lose the program window and need to re-login be sure to enter a different

e-mail address to avoid being denied access for multiple logins. Please complete survey after webcast ends.


Disclaimers• The content in this webcast is intended for information purposes

only and should not be construed as providing legal advice.• If you ask questions based on your unique circumstances, we

will attempt to address them from a more general perspective.• This is an introductory webcast and is intended to highlight

some of the more popular strategies for managing OSHA inspections.


• National, regional, local emphasis programs Hazard-based (e.g. combustible dust) Equipment-based (e.g., forklifts, presses) Industry-based (e.g., residential construction)

• Site-Specific-Targeting Program DART, DAFWII-based (4-5 times the national average)

• Referrals from other agencies• Complaints• Fatality/catastrophe reports• Follow-up from prior inspection (either at your facility or

another location of your company) Severe Violator Enforcement Program

• Plain-view Construction sites

Who is Targeted?


Hot Topics in OSHA Enforcement

• Injury/illness recordkeeping National Emphasis Program Incentive programs under scrutiny

• Combustible dust National Emphasis Program

• Illnesses• Hearing loss• Focus 4 hazards: Falls, Struck by, Caught-in,

Electrocution• High-hazard industries

Manufacturing, construction, refineries, grain handling,

chemical plants


The compliance officer will:• Arrive during regular working hours• Present credentials• Request to see the owner

or “person in charge”

The OSHA officer does not need a warrant, but must have your consent.

The Knock At The Door


The inspection will include:• Opening conference• Records review• Facility walk-through• Closing conference

The Inspection Process


Process: Records Review

OSHA will review:• OSHA 300, 301, and 300-A• “OSHA Poster”• PPE hazard assessment• Written programs• Training records• Exposure records


Process: Facility Walk-through

During an inspection, the officer will:• Observe safety and health conditions and practices, • Interview employees,• Take photos and instrument readings,• Collect air samples,• Measure noise levels,• Survey existing hazard controls, and• Monitor employee exposure to toxic fumes, gases,

and dusts.


Process: Closing Conference

The compliance officer will:• Discuss unsafe or unhealthful

conditions observed • Indicate apparent violations • Explain appeal rights• Offer OSHA assistance


The citation will include:• Violations• Proposed penalties• Abatement period

OSHA has six months to issue citations.

Citations


Citations: Violations

Violations are categorized as:• De minimus – No penalty• Other-than-serious – $0 - $7,000• Serious – $3,000 - $7,000• Willful – $5,000 - $70,000• Repeat – up to $70,000• Egregious – Instance-by-instance


Citations: Factors Affecting Penalties

OSHA considers:• Gravity• Number of employees

1-25 = 40% 26-100 = 30% 101-250 = 10% Over 250 = No adjustment

• Good faith Must have written safety and health program

• Quick fixes• History


Citations: Real-World Examples

• May 19, 2010 – “OSHA cites shipbuilder more than $1.3 million for willfully exposing workers to toxic vapors in a confined space”

• Sept. 1, 2010 – “OSHA fines company $3 million for tampering with safety mechanisms on presses to speed up production”

• Jan. 1, 2011 – “Food processing company cited $212,000 for failing to implement and train workers on LO/TO”


Citations: Abatement Period

The abatement period will be:• A specific date• Usually less than

30 days


Citations: Your Options

An employer may:

1. Accept the citation,

2. Extend the abatement date,

3. Contest the violation, and/or

4. Request an informal conference

You have 15 working days to contest a citation.


Employers can avoid OSHA citations by:• Ensuring regulatory compliance• Establishing a safety and health program• Training employees• Performing self-inspections• Keeping accurate records• Developing an OSHA inspection plan

Preparation: Avoidance of Citations


Preparation: Regulatory Compliance

Employers should:• Identify regulations that apply• Keep track of regulatory changes

Cranes and derricks GHS/Hazcom Walking-working surfaces

• Be aware of enforcement programs


Preparation: Safety & Health Program

A safety and health program can:• Cut injury costs by 20 to 40 percent

Common program elements include:• Management leadership; • Employee participation;• Hazard identification, prevention, and control; • Education and training; and• Program evaluation


Preparation: Training

Employers must:• Provide required training• Present information in an

understandable format Language Vocabulary


Preparation: Self-inspection/-audit

Self-inspections:• Identify hazards and violations• Provide focused effort• Ensure compliance

Self-audits:• Identify system-wide

deficiencies


Preparation: Records

Employers must keep accurate records of: • Injuries and illnesses• Exposures• Training• Inspections


Preparation: Develop an OSHA Inspection Plan

• Train front-desk/security on how to react when an OSHA officer shows up Who should be contacted?

• Have a plan of action that can be set in motion Are we requesting warrants? Document retrieval Safety manager, maintenance personnel, upper

management, labor representatives, etc.• Conduct mock “OSHA Inspections”


Recap

• There is a method to OSHA’s madness• Inspections are structured• You can and should prepare for an inspection• There are things you can do to minimize citation damage


Question & Answer

Webb ShawDirector of Editorial

Resources

Joe (Travis) Rhoden Editor – Workplace

Safety

Robert O’Connell, Account Executive

Please submit questions to “Q&A”

using the Question tool


This webcast was sponsored by:

Please right-click the image above and select “Open Hyperlink” for

a brief introduction. For more information, call 800-843-3174 x2675 or go online to jjkeller.com/customsolutions

For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866...

Documents

Transcript of For dial-in: 888.824.5783, Pass Code: 75154299#; Technical issues: 888.259.8414, ID: 128010866...