OSHA Inspection Guidelines: Be Prepared and Stay Compliant

1. What to Expect During an OSHA Inspection? (Following OSHA Federal Guidelines)Presented by: Zach Bruce

2. Overview • Discuss OSHA Inspections • Being prepared for an OSHA Inspection • The inspection process • The closing conference • Citation & penalties • Discussion of the most frequently cited standards in the Green Industry • Overview of OSHA standards • Photos of possible citations

3. OSHA Inspections • What instigates an OSHA inspection? • Imminent danger • Serious accident, illness, injury or death • Complaints • National/Local Emphasis Plan(s) • Local plans: http://www.osha.gov/dep/local_emphasis_programs.html • National Plans: http://www.osha.gov/dcp/neps/nep-programs.html • Programmed inspections

4. Imminent Danger • Highest priority level • Must notify employees and remove workers from the hazard • If you refuse to remove your workers • Inspector will • Tag the area (only an OSHA officer can remove the tag) • Inform your employees of the hazard(s) • Obtain a restraining order from the nearest federal district court

5. Planning for an OSHA Inspection • Have a plan in place before the arrival of OSHA, which includes: • Employee training – Greeter, key person(s), other employees • Where to have the OSHA Officer wait if necessary • Whether or not you are going to require a warrant • Materials available to the key person – notepad, camera, video camera (optional)

6. When May Advanced Notice be Given? • In cases of imminent danger. • Where it is necessary to conduct inspections at times other than regular working hours. • Where advance notice is necessary to assure the presence of personnel needed to conduct the inspection. • Where the commissioner determines that advance notice will ensure a more effective and thorough inspection. • Notice will typically be less than 24 hours.

7. Arrival of the Inspector • OSHA inspector will arrive at your business or jobsite. • Inspector will present his/her credentials. • Upon arrival, the inspector should be referred to the key person. • If not available the inspector may wait for a reasonable period of time (1 hour). • Have a designated area for the inspector to wait.

8. Opening Conference • Inspector will explain the role of OSHA and ask to conduct an inspection. • You will be informed of the scope of the inspection. • OSHA needs your consent to conduct an inspection. • If inspection is refused, inspector will inform you the he/she may be back with an inspection warrant issued by court. (It is not generally recommended to refuse the inspection.)

9. The Walk-Through • Inspection may be limited or encompass the entire facility. • Have the following available for review: • Written Safety Programs • Documentation of Safety Training • OSHA 300 Injury & Illness Logs • Accompany inspector, keep notes and observations of interest to inspector • Take photos of items of interest to inspector • DON’T OFFER ANY INFORMATION UNLESS IT IS ASKED FOR!!

10. OSHA may want to speak with them about a particular incident or complaint, or about safety issues in general. The employee has the right to be interviewed or may decline. If the employee so desires, he or she can request that a manager be present during the interview, but that the interview may also be done privately. If the employee desires legal counsel, he or she should so advise the inspector. If the employer agrees to make its legal counsel available and the employee agrees to representation by this attorney, the employee has the right to have such counsel represent them at the interview. Under any circumstance, the employee must answer the inspector’s questions truthfully, and must not speculate as to what the answer may be if the employee does not personally know the answer. The employee has the right to end the interview at any time. The employer can not retaliate, in any way, against an employee for participating in an OSHA interview or for telling an OSHA inspector the truth. Employee Interviews - Rights

11. Closing Conference • Will discuss any unsafe conditions observed. • Will not issue citation(s) at this time. • OSHA has six months to issue a citation from time of inspection. • Inspector may want to review regulation or request additional testing. • Inspector may want to talk to the district/area manager.

12. Types of Violations • De Minimus • Violations that have no direct or immediate relationship to safety and health. • Other Than Serious • Not expected to result in serious injury or death. ($0 to $1,500) • Serious Violation • Substantial probability of illness, injury or death. ($1500 to $7,000)

13. Types of Violations (cont.) • Repeat Violation • 2+ violations of same safety order within a 3 year period. (Up to $70,000) • Willful Violation • Violation where an employer knowingly and intentionally commits. ($5,000-$70,000) • An employer who is convicted in a criminal proceeding of a willful violation of a standard that has resulted in the death of an employee may be fined up to $250,000 (or $500,000 if the employer is a corporation) or imprisoned up to 6 months, or both. • Failure to Abate • Failure to correct a violation by the abatement date. (Up to $7,000 per day)

14. Contesting Citations • Request an informal conference with your OSHA Area Office – Should be requested within 5 working days of receiving the citation. • Contesting the citation: you have 15 working days from date you receive citation.

15. Show that you have corrected the citations Better understanding of the standards How to correct Proposed penalties Discuss how the penalties were computed Discuss abatement dates Problems concerning employee safety & health practices Obtain answers to any other related questions Why request an Informal Conference? It is almost always recommended to request an informal conference.

16. Contesting a Citation • Contesting or not, cost compared to penalties • Willful or Criminal penalties contact your attorney for advise • Fix and document any citations unless you are contesting that it isn’t a hazard (include photos) • Take any previous documentation with you (inspections, trainings, maintenance records) • Be pro-active not re-active

17. Ways to Face Criminal Charges • Providing false information - Upon conviction shall include a fine of not more than $10,000 or imprisonment for not more than 6 months or both. • Assaulting a compliance officer or otherwise resisting, opposing, intimidating, or interfering with a compliance officer in the performance of his or her duties is a criminal offense and is subject to a fine of not more than $5,000 and imprisonment for not more than 3 years.

18. Follow-up Inspections • Verify you have posted the citation as required (up to a $7000 fine if not posted). • At or near the place of each citation • Must remain posted for 3 working days or until the violation is corrected • Violations have been corrected. • Interim measures are adequate during a multi-step or lengthy abatement period.

19. Ornamental Floriculture and Nursery ProductsSIC 0181 10/08 – 09/09

20. Lawn & Garden ServicesSIC Code 078210/08 – 09/09

21. Ornamental Shrub & Tree ServiceSIC Code 0783 10/08 – 09/09

22. Masonry, Stone Setting, and Other Stone WorkSIC 174110/08 – 09/09

23. Special Trade Contractors (Not Elsewhere Mentioned) SIC Code 179910/08 – 09/09

24. General Duty Clause (Catch-All Phrase) Requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees". This section may be used to cite hazards for which there are no specific standards, such as ergonomics.

25. Written Safety Program Parts of the program: • Safety Policy Statement • Employer Information • Designation of Safety Responsibilities • Employee Reporting and Conduct • Hazard Identification Procedures • Hazard Correction Procedures • Accident Investigation • Disciplinary Procedures • Employee Training • Recordkeeping

26. RECORDKEEPING • If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records • Recordable injuries and illnesses include: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or significant injury or illness diagnosed by a physician

27. OSHA 300 LOG

28. OSHA 300A

29. HAZCOM (Hazard Communication) • Parts of the program: • Hazard determination and identification • Hazardous substance inventory • Labels • Material Safety Data Sheets (MSDS) • Employee training • Recordkeeping

30. Respiratory Protection Parts of the program: • Respirator Selection • Medical Evaluation • Fit Testing • Cleaning, Maintenance, Change Schedules and Storage • Training • Voluntary Respirator Use

31. Emergency Action Plan Parts of the program: • Emergency personnel names and phone numbers • Evacuation routes • Emergency phone numbers • Utility company emergency contacts • Emergency reporting and evacuation procedures • Medical emergency • Fire emergency • Extended power loss • Chemical spill • Severe weather and natural disasters • Field emergency procedures • Critical operations

32. Lockout / Tagout - LOTO • Control of Hazardous Energy – Servicing/Repairing Equipment • Authorized Employee • Affected Employee • Employee Training • Procedures for each piece of equipment • Annual Review of Inspection Procedures • Written Program

33. Confined Space Definition Large enough for an employee to enter & perform assigned work limited or restricted means for entry or exit, and it is not designed for continuous employee occupancy. Examples of Confined Spaces: tanks pits tunnels vaults boilers sewers shafts ventilation ducts crawl spaces Confined Space Program

34. Permit Required Confined Space Definition: • contains or has the potential to contain a hazardous atmosphere; • contains a material that has the potential to engulf an entrant; • has walls that converge inward or floors that slope downward and taper into a smaller area which could trap or asphyxiate an entrant; • or contains any other recognized safety or health hazard, such as unguarded machinery, exposed live wires, or heat stress.

35. Identify & label all confined spaces. Will employees enter a confined space? If “Yes” must develop a written confined space program. Program contents: Identify confined spaces in workplace Identify hazards in these spaces Determine if they are Permit-Required Determine how to control the hazards Employee Training Confined Space Program

36. When employee noise exposures equal or exceed a time weighted average sound level of 85 dBA, a hearing conservation program must be implemented Parts of the program: Sound level monitoring Audiometric testing Hearing protectors Required at 90dBA Training Hearing Conservation

37. Noise Level Time Timits

38. Powered Industrial Trucks - Forklifts Operator Training • Must be performed by a person who has the knowledge, training and experience to train operators and evaluate their competence. • Must consist of a combination of formal instruction and practical training.