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HOW
TO AVOID OR SURVIVE AN OSHA INSPECTION
By
Mike Rubell, SAFETY COMPLIANCE INSTITUTE, Employer Defense Specialists
The secret dynamic of OSHA is the threat of an awesome, unannounced inspection. OSHA never announces an inspection. In fact, it is against the law to do so.
The fact is that OSHA is driven by a list of high hazard industries. Additionally, inspections are accident and complaint driven. Some 60% to 70% of inspections are triggered by employee complaints. The employer goal should be to get employees to call their own Safety Coordinator, not OSHA. This can be achieved by building employee confidence in your response to safety concerns. Then you won’t need to worry about direct OSHA complaints and what they might do to your company.“YOU MUST BE PREPARED”
Should an OSHA inspection occur, you will need to be prepared to prove that your WRITTEN INJURY AND ILLNESS PREVENTION PLAN (IIPP) IS COMPLETE, DYNAMIC, AND EFFECTIVE. At the opening conference with the employer and the company safety officer, which is prior to any inspection, greet the compliance officer from OSHA enthusiastically. This approach is disarming and will set the right tone in your favor. Both sides will be less stressed and it sows the seeds so that the inspector will leave quickly.
You will need to show the OSHA inspector your written Injury and Illness Prevention Plan (IIPP), supporting documentation, and your OSHA Log 200. Remember, the officer cannot possibly read all documents; however, he will review them for completeness. If, however, you cannot readily find your materials or they came off a shelf looking dusty and unused, you will set off “RED FLAGS”. The inspector will check to see if the written documents are kept current, and if they are relevant to your company operation (Site Specific). If they are not, then of course you fail to have an effective IIPP. He will want to see if related plans are in place (i.e. Lockout/Tagout, Emergency, Fire, Respiratory Protection, Fork Lift Operator Training, Hazard Communication, etc.). Finally, be sure to have your Safety Coordinator present at all times during the inspection.
When the inspection begins, it can be a wall to wall or a partial inspection. If you are well prepared, you will probably get only a partial inspection.
OSHA never announces an inspection. In fact, it is against the law to do so. |
DURING THE INSPECTION
During the inspection, the officer will have contact with employees and will, to a large extent, judge the effectiveness of your IIPP employee reaction to questions and their opinion of your plan.
Determination will be made as to what extent your employees have been touched by your plan and how well it has been communicated. Otherwise, it is not effective. Questions might include: the employees’ safety orientation, how extensive his specific job training was, the last time he attended a safety meeting, how well he understands the safety rules, what he should do in case of an accident or emergency, and does he feel that his machine or job function is safe?
The employer goal should be to get employees to call their own Safety Coordinator, not OSHA. This can be achieved by building employee confidence in your response to safety concerns. |
The compliance officer will probably ask two to five people so as to get a pulse of employee safety morale. If he feels that the employees are uncomfortable for any reason, he might call them at home or invite them to his office site. After the inspection and interviews, the officer will look to see how many and what type of violations have been found. Then he will determine the effectiveness of your plan. An out-briefing will then take place. He will then go back to his office to write up the violations and assign penalties to each, rather than issue warnings, which was the case in the past.
THE CLOSING CONFERENCE
Within a short period, the inspector will set an appointment to conduct his closing conference. Penalties will be assessed and abatement schedules will be set. Some credit may be given for corrections, which have already been made, and for having a good IIPP as well as making a good faith effort to comply. While penalties can be appealed and reduced, it is far better to be prepared for such an event and truly minimize your exposure to possible penalties and sanctions.
SAFETY COMPLIANCE INSTITUTE stands ready to serve its clients in all areas of compliance and will perform a safety audit and self-inspection check-up, pointing out your company’s strengths and weaknesses. SCI can design, write and implement an effective safety program specific to your operation, as well as provide all required documentation forms and on-going training of employees.
OSHA INSPECTIONS DO’S AND DON’TS CHECKLIST
- Preparation - Designate a management representative to be responsible for handling OSHA and other government investigations and inspections. Make sure that this individual is fully trained.
- Know Your Rights - Know the rights employers have during an inspection. Decide as a matter of company policy how you wish to exercise those rights.
- Credentials - Before permitting any inspection to proceed, always check the credentials of the government representative.
- Purpose of Inspection - Before the inspection begins, ask the inspector to state the reason or basis for the inspection. Look for this reason on the inspection priorities form. The reason for the inspection will have an impact on how you choose to exercise your legal rights.
- Professionalism - The event of an inspection can be stressful. While it is important to remember that you are representing management during the inspection, conduct yourselves in a completely professional manner. There is nothing to be gained from hostile or contentious behavior.
- Accompaniment - Fully exercise your right to accompany the inspector. If there is more than one inspector, assign a like number of management representatives. Never permit an inspector to go through your facility unaccompanied by a management representative.
- Notes - Take careful and complete notes of everything that happens during the inspection. Take the same measurements and photographs that the OSHA inspector is taking.
- Don’t Volunteer - Answer only the question put to you by the inspector. Provide only those documents specifically requested by the inspector. Don’t volunteer information that is not requested or make statements about issues, matters, or conditions that are not covered by the question.
- Documents - Provide documents that must be kept under OSHA regulations. Should other documents be requested, ask the inspector for the reason for the request, and consult with other management officials before agreeing to turn over the documents.
- Listen - Particularly at the closing conference, listen to what the inspector has to say. Be careful about making commitments or promises to the inspector during such a conference.
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