OSHA Mock Inspection Are You Ready?. Every establishment covered by the OSH Act is subject to...
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Transcript of OSHA Mock Inspection Are You Ready?. Every establishment covered by the OSH Act is subject to...
OSHA Mock InspectionAre You Ready?
Every establishment covered by the OSH Act is subject to inspection by OSHA compliance safety and health officers (CSHO's).
With some exceptions, inspections are conducted without advance notice.
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1. Imminent Danger (any condition where there is a reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately, or before the danger can be eliminated through normal enforcement procedures)
2. Fatalities and Catastrophes (resulting in hospitalization of 3 or more employees)
3. Employee Complaints/Referrals4. Programmed High-Hazard Inspections
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Programmed High-Hazard Inspections
Comprehensive Inspection
OSHA’s Site-Specific Targeting (SST) program is OSHA’s main programmed inspection plan for non-construction workplaces that have 20 or more employees. The SST plan is based on the data received from the prior year’s OSHA Data Initiative survey. The Data Initiative survey and the SST program help OSHA achieve its goal of reducing the number of injuries and illnesses that occur at individual workplaces by directing enforcement resources to those workplaces where the highest rate of injuries and illness have occurred.
Review of your injury – illness records Minimal Review of the Facility’s Safety &
Health Programs LOTO HAZCOM Machine Guarding Emergency Response – BBP PPE Electrical Installations Housekeeping
1. Display official credentials
2. Opening conference
3. Walkaround inspection
4. Closing conference
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Who is representing your interest? Do you have a procedure?
Do you have your programs together
Who will represent your employees?
Who has authority to correct hazards?
Display official credentials
Are they who they say they are?
Opening conference: Purpose, nature and scope of the inspection
Do you require a warrant? They will get one. Preempted Warrant- We will save you the trouble.
ARE YOU TAKING NOTES?
Generally speaking OSHA’s representative has the authority to look at everything
Will take photos, measurements, and conduct interviews These are private interviews Employees have a right to request an employee
representative to participate in interview Are you taking notes/photos/measurements
Are documenting request from CSHO Are you correcting conditions
Employer/Management Interviews
Who is authorized to speak on your behalf Who can be there during the interviews Do you have an area set aside If you don’t know the answer to a question,
DON’T answer the question.. Tell the Compliance Officer that you will have the appropriate person follow up with them.
Closing conference Note that there can be multiple closing
conferences Usually conducted with employee
representative but can be separate CSHO will discuss findings, standards and
abatement Will explain penalties can be issued CSHO does not issue Citations only the Area
Director or someone acting on their behalf ARE YOU TAKING NOTES YET
Where are your safety and health programs? Who maintains your training records? Who maintains your 300 Logs? Do you have a safety committee? How can an employee bring forward a safety
issue/concern? How are safety issues resolved Do you document hazard abatement? Do you have a progressive disciplinary
program? Do you perform oversight of contractors?
Un-programmed Inspection
Machine Guarding Complaint
The Act gives each employee the right to request an OSHA inspection when the employee believes he or she is in imminent danger from a hazard or when he or she thinks that there is a violation of an OSHA standard that threatens physical harm. OSHA will maintain confidentiality
if requested, OSHA will inform the employee of any action it takes regarding complaints, and, if requested, hold an informal review of any decision not to inspect.
1. Display official credentials
2. Opening conference – What is different this time – the SCOPE- This is a limited scope inspection.
3. Walkaround inspection- Again, what is different. Does the Compliance Officer have free rein? PLAIN VIEW ITEMS
4. Closing conference
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After CSHO reports findings, the area director determines what citations, if any, will be issued, and what penalties, if any, will be proposed
Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement
Citations and notices of proposed penalties are sent by certified mail
Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation abated, whichever is longer
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Other Than Serious - $?
Serious- $$
Willful - $$$$
Repeat - $$$$
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Violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm
Penalty of up to $7,000 is discretionary
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Violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard
Penalty of up to $7,000 is mandatory
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An intentional violation of the Act or plain indifference to its requirements
Penalties of up to $70,000, with a minimum penalty of $7,000 for each violation
If violation results in death of an employee, a fine up to $250,000 for an individual, or $500,000 for a corporation, and/or imprisonment for up to six months may be imposed for a criminal conviction
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Substantially similar violation found upon re-inspection
Penalties of up to $70,000 for each violation
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Falsifying records, reports or applications can bring a fine of $10,000 or up to 6 months in jail, or both.
Violations of posting requirements can bring a penalty up to $7,000.
Assaulting a compliance officer or interfering with their duties is a criminal offense, subject to fine of not more than $5,000 and imprisonment for not more than 3 years.
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Failure to abate a prior violation may bring a penalty of up to $7,000 for each day the violation continues beyond the prescribed abatement date.
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OSHA has six months from the date of the opening conference to issue Citations
The Compliance Officer may follow up with you for additional information (programs, training records, additional interviews, etc.)
The Compliance Officer will review your company OSHA History
The Compliance Officer make RECOMMENDATIONS (only) for Citations
Good Faith Goes a Long Way- NOTE Abatement efforts
Employer Options
Informal Conference – Present your case to the Area Director
Expedited Informal Settlement Agreement (EISA) Pay your penalty- Provide abatement- Move on Contest –
Out of the Area Office – Now with the Solicitors Depositions Litigation Formal Hearing
If an inspection was initiated by employee complaint, employee or authorized representative may request an informal review of any decision not to issue a citation
Employees may not contest citations, amendments to citations, penalties or lack of penalties
May contest time for abatement May also contest employer's Petition for Modification of Abatement (PMA), which requests an extension of the abatement period
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When issued a citation or notice of proposed penalty, employer may request an informal meeting with OSHA's area director, who is authorized to enter into settlement agreement
Employer may request an extension of abatement period through a PMA
Employers may contest either the citation, abatement period, or proposed penalty within 15 working days of receipt through a written "Notice of Contest"
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Questions?