OSHA: Being Ready and Surviving an Inspection · 2018. 4. 1. · OSHA: Being Ready and Surviving an...
Transcript of OSHA: Being Ready and Surviving an Inspection · 2018. 4. 1. · OSHA: Being Ready and Surviving an...
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??