how to handle and osha inspection - contract … · focused inspections - an inspection that limits...
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How to Handle and OSHA Inspection
By
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1. Why is OSHA here?
2. What made them come to my facility?
3. What do they want?
4. How does the inspection process work?
5. What should I do?
6. What’s this going to cost me?
All great questions that we should have most of the answers to before we show up on the radar.
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Imminent Danger - An “imminent danger” is considered to be the most serious situation, and OSHA will assign top priority to these inspections.
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Fatality/Catastrophe Investigations - Any accident that results in the injury of three or more employees or the death of one or more employees must be reported to OSHA within 8 hours.
Date of Incident
Company and Location Preliminary Description of Incident
6/13/2012 Scruggs Equipment Company, Memphis, TN 38113
Worker performing maintenance on a front end garbage truck loader was crushed between the driver's side lifting arm and the debris body of the truck.
6/22/2012 Green Mountain Tree Service, Detroit, MI 48223
Worker was crushed by a branch that was cut from a large oak tree.
6/27/2012 Plaska Transmission Line Construction LLC, Eunice, NM 88231
One worker died, another injured after suffering electrical burns when the boom truck they were inside touched a power line.
7/1/2012 R.G. Lumber Corp., Jackman, MA 04945
A worker moving a logging machine died when the machine struck him.
7/2/2012 Oakland Timberjax LLC, Oakland, MD 21550
Worker cutting down trees after storm damage died after falling more than 50 feet to the ground.
7/2/2012 R.G. Lumber Corp., Jackman, MA 04945
A worker moving a logging machine died when the machine struck him.
7/2/2012 W.W. Landscaping Inc., Pinetops, NC 27864
Worker cutting down a nearly 100-foot-high pine tree was struck and killed by another falling tree.
7/3/2012 Escoe Industrial, Jefferson, GA 30549
Worker was electrocuted after falling onto a 4,100-volt switch gear.
7/3/2012 Laning's Dairy Supply, Rosendale, WI 54974
Worker installing a cattle spraying apparatus was struck by a cattle gate carriage, pinning worker between the carriage and a post.
7/5/2012 Mail Contractors of America, Urbandale, IA 50322
Worker was run over and killed when he tried to stop a moving tractor.
7/5/2012 Spancrete, Oshkosh, WI 54901
Worker was struck and killed by a crane boom.
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Complaints and Referrals - OSHA can follow up on employee complaints in the following manner:
Signed Complaints - Immediate inspection
Unsigned Complaints - Usually a letter to the employer with alleged violations, but sometimes OSHA will show up without warning
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Programmed Inspections (Dodge List) - The routine “surprise” inspections carried out by OSHA are considered important, but less pressing than targeted inspections on serious, repeated, or willful violators.
CPL 02-00-149
Severe Violator Enforcement Program (SVEP)
06/18/2010
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Focused Inspections - An inspection that limits the scope to concentrate on the most serious job hazards. Reward for overall safe site and good documentation / enforcement records.
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Fall Hazards
Struck By
Caught Between
Electrical Hazards
National Emphasis Programs
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COMBUSTIBLE DUST
OSHA Instruction CPL 03-00-008 National Emphasis Program on Combustible Dust (Reissued) (Date: 03/11/2008)
FEDERAL AGENCIES
OSHA Notice 11-04 (FAP 01) Federal Agency Targeting Inspeciton Program (FEDTRG12) (Date:12/23/2011)
FLAVORING CHEMICALS/DIACETYL
OSHA Instruction CPL 03-00-011 Facilities that Manufacture Food Flavorings Containing Diacetyl (Date: 10/30/2009)
HAZARDOUS MACHINERY
OSHA Instruction CPL 03-00-003 National Emphasis Program on Amputations (Date: 10/27/2006)
HEXAVLENT CHROMIUM
OSHA Instruction CPL 02-02-076 National Emphasis Program - Hexavalent Chromium (Date: 02/23/2010)
LEAD
OSHA Instruction CPL 03-00-009 National Emphasis Program on Lead (Date: 08/14/2008)
NURSING AND RESIDENTIAL CARE FACILITIES
OSHA Instruction CPL 03-00-016 National Emphasis Program on Nursing and Residential Care Facilities (Date: 04/05/2012)
PRIMARY METALS INDUSTRIES
OSHA Instruction CPL 03-00-013 Primary Metal Industries (Date: 05/19/2011)
PROCESS SAFETY MANAGEMENT
CPL 03-00-014 PSM Covered Chemical Facilities National Emphasis Program (Date:11/29/2011)
RECORDKEEPING
OSHA Notice 10-07 (CPL 02) Injury and Illness Recordkeeping National Emphasis Program (RK NEP) (Date: 09/28/2010) SHIPBREAKING
OSHA Instruction CPL 03-00-012 National Emphasis Program on Shipbreaking (Date: 11/04/2010) SILICA
OSHA Instruction CPL 03-00-007 National Emphasis Program on Crystalline Silica (Date: 01/24/2008) [PDF] TRENCHING & EXCAVATION
OSHA Instruction CPL 02-00-069 [CPL 2.69] Special Emphasis Program on Trenching and Excavation (Date: 9/19/1985)
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REGION V: (IL,** IN,** MI,** MN,** OH, WI)
Directive Title
CPL 04-00 (LEP 001) Building Renovation/Rehabilitation
CPL 04-00 (LEP 002) Powered Industrial Vehicles
CPL 04-00 (LEP 007) Fall Hazards in Construction
CPL 04-00 (LEP 009) Dairy Farm Operations
CPL 04-00 (LEP 017) Grain Handling Facilities
CPL 04-00 (LEP 11) High Rise Building Construction Inspections in Chicago, Illinois
CPL 04-00 (LEP 11-04) Primary Metal Industry
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REGION VII: (IA,** KS, MO, NE)
Directive Title
CPL 2-06-11C Auto Body Shops [PDF*]
CPL 2-06-15E Residential Construction in Jefferson County, MO [PDF*]
CPL 2-07-01C Logging and Sawmill Industries [PDF*]
CPL 2-07-02E Residential Construction in St. Charles County, MO [PDF*]
CPL 2-07-03A Demolition Activities That Occur During the Destruction, Restoration, and Renovation of Buildings and Structures [Word*]
CPL 2-07-04E Powered Industrial Trucks in Construction and in General Industry [PDF*]
CPL 2-07-06E Powered Industrial Trucks and Other Material or Personnel Handling Motorized Equipment in Construction and General Industry [PDF*]
CPL 2-07-11E Powered Industrial Trucks in Construction and General Industry [PDF*]
CPL 2-07-13E Oil and Gas Operations [PDF*]
CPL 2-07-14A Amputations [Word*]
CPL 2-07-14A Amputations (Amendment) [Word*]
CPL 2-07-21D Grain Handling Industry [PDF*]
CPL 2-08-02B Electrical Hazards in General Industry Establishments [Word*]
CPL 2-08-05C Commercial and Residential Construction [PDF*]
CPL 2-08-07C Grain Handling Industry [PDF*]
CPL 2-09-01C Covering Maritime Employers [PDF*]
CPL 02-11-01A Work Places With Noise and Respiratory Hazards [PDF*]
CPL 02-11-02A Recycling and Scrap Hazards in General Industry Establishments [PDF*]
CPL 02-11-03A Grain Handling Facilities [PDF*]
CPL 02-11-04A Recycle and Scrap Material Hazards in General Industry Establishments (ARRA) [PDF*]
CPL 02-11-06A Workers Compensation [PDF*]
CPL 02-11-07 Crystalline Silica [Word*]
CPL 02-12-01 Commercial and Residential Construction - Omaha [PDF*]
CPL 2-12-02 High Hazard Work Places Safety Inspections - St. Louis [Word*]
CPL 2-12-09 High Hazard Work Places Safety Inspections - Omaha [Word*]
CPL 2-12-10 High Hazard Work Places Safety Inspections - Kansas City [Word*]
CPL 98-02M Region-wide Problem Solving Initiative on Falls, Scaffolds, and Electrocutions from Overhead Power Lines in Construction [Word*]
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High Total Incident Rate (TIR)
High MOD Rate
Prior Inspection due to all or some of the of the above
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That answers questions 1- 3
1. Why is OSHA here?
2. What made them come to my facility?
3. What do they want?
Now to Question 4 – 5
1. How does the inspection process work?
2. What should I do?
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Verify Inspectors Credentials (does the person at the front desk know what to do?)
Purpose and Scope of Inspection
Copy of the Complaint(s) (if any)
Inspection Process
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Management and Labor Representation
Request Copies of Applicable Standards
Inspection Process
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Inspect 5 years of your OSHA 300 Log
Written Company Safety Programs that pertain to inspection
Injury Illness Prevention Program ◦ White Papers/Company Safety Commitment/Value Statement
Inspection Process
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Always Supervised/Never Alone
Document - Written and Photos
Apparent Violations - Questions/Corrections
Inspection Process
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Right to consult with employees
Inspectors must follow all safety rules
Correct problems as the inspection process happens
Inspection Process
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Inspector lists all apparent violations
Ask Questions if Unclear
Be Polite Yet Firm on Your Opinions
Explain All Corrective Actions Taken
Inspection Process
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Hazard Exists
Employee Exposure
Employer Knew or Should Have Known of the Hazard
Degree or Seriousness of the Hazard
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Other than Serious
Serious
Willful
Egregious
Repeated
Failure to Abate
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Serious Violation
◦ Substantial probability that death/ serious injury could result from condition or practice in the place of employment.
Other than Serious Violations
◦ Hazard likely to result in injury or illness which would not cause death or serious harm, but has direct relation to safety and health of workers.
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Willful ◦ Evidence shows that the employer committed an
intentional & knowing violation of the Act.
Knowledge that a condition is hazardous and did not make a reasonable effort to eliminate it.
Knowledge that the condition violates a Standard.
Knowledge of the requirements of the Standard.
Violation must be deliberate, voluntary or intentional.
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Issued when a citation has previously been issued for similar condition
Usually the same standard
Prior citation can have been anywhere in the prior three years- not just the same jobsite!
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Question 6
What’s this going to cost me?
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VIOLATION TYPE OLD NEW
Willful - Other than SeriousMaximum 10,000 70,000
Minimum None 5,000
Willful - SeriousMaximum 10,000 70,000
Minimum None 25,000
RepeatedMaximum 10,000 70,000
Serious/Other Than SeriousMaximum 1,000 7,000
Failure to AbateEach day beyond date 1,000 7,000
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Company Size # Employees %
1 - 25 60
26 - 100 40
101 - 250 20
251 or more None
History No serious/willful/repeat in past 3 years 10
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Effective written Safety program = 25%
(includes Mgt commitment, hazard analysis, employee training)
Written Safety Program with minor shortcomings = 15%
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Average fine per citations $2,500.00
Average fine per citation in follow standard: ◦ Forklifts $4,000.00/violation
◦ Machine Guarding $7,000.00/violation
◦ LOTO $11,000.00/violation
◦ PRCS $11,000.00/violation
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1418
1155
733
689
645
589
572
564
556
522
212(a)(1) - O
1200(e)(1) - Z
212(a)(3)(ii) - O
23(c)(1) - D
1200(h)(1) - Z
151(c) - K
147(c)(1) - J
215(b)(9) - O
147(c)(4)(i) - J
305(b)(1) - S
Sta
nd
ard
& S
ub
pa
rt:
19
10
.
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S M T W TH F S
2012
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After the visit.
After the citation.
After the fine(s).
Informal hearing with OSHA.
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Don’t assume the visit went great.
Put a team together to address issues.
Have a meeting with all employees. ◦ Stop the rumor mill
Prepare for the next phase
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Review the citation.
Call OSHA with questions.
Determine if there is a violation.
Do you want to contest the citation. (15 days)
Do you want to get the citation eliminated?
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Determine the severity of the fine(s). Do you want to contest the amount of the fine.
Can they be reduced? Can they be eliminated?
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Determine flight or fight.
Prepare your statement.
State your case.
Bring documentation.
Bring representation (lawyer/consultant)
Go Luck!