OSHA Compliance Inspections

1. OSHA Compliance Inspections INSY 6010 FALL 2003

2. Workplace Inspections • Marshall v Barlow established the requirement for OSHA inspectors to obtain a search warrant if the employer refuses to all them entry to inspect. • It is generally not in the employer’s best interest to bar Compliance Safety and Health Officers (CSHO) entrance. • Warrants can be obtained in as little as 48 hours.

3. Inspection Priorities • Inspection priorities established by OSHA are as follows: • Investigation of Imminent Dangers. • Allegations of an imminent danger situation will ordinarily trigger an inspection within 24 hours of notification. • Catastrophic and Fatal. • Accidents will be investigated if they include any of the following: • one or more fatalities

4. Inspection Priorities • Three or more employees hospitalized as inpatients. • Significant publicity or property damage. • Issuance of specific instructions for investigations in connection with the National Office Special Program. • Investigation of Employee Complaints. • Highest priority is given to those complaints that allege an imminent danger situation. • Serious situations are given high priority, as well.

5. Inspection Priorities • Programmed High-Hazard Inspections. • Industries are selected based upon the following data: • Death Incidence Rates. • Injury Incidence Rates. • Illness Incidence Rates. • Employee exposure to toxic substances. • In accordance with local and national inspection scheduling programs.

6. Inspection Priorities • Reinspections. • May be conducted to determine if previously cited violations have been corrected.

7. General Inspection Procedure • The CSHO conducts inspections to determine if the employer is in compliance with the requirements of the standards, rules and regulations promulgated under the OSHAct. • Inspections are almost always conducted without prior notice.

8. General Inspection Procedure • Upon presenting himself/herself to the employer, the CSHO presents proper credentials. • If entry is denied, the CSHO will obtain a warrant that requires the employer to admit the inspector. (Note: the penalty for murdering a CSHO is life imprisonment.)

9. Opening Conference • The CSHO will conduct a joint opening conference with the employer and employee representatives. (Separate conferences may be held.) • Safety personnel should also attend the opening conference. • The CSHO will: • Inform the employer of the purpose of the visit.

10. Opening Conference • To investigate whether the establishment, procedures, operations, and equipment are in compliance with OSHAct requirements. • Give the employer copies of the Act, and other information, as needed. • The CSHO will briefly outline the following: • The scope of the inspection. • Records the officer wants to review. • OSHA 300: Log of Work-Related Injuries & Illnesses • OSHA 300A: Injury and Illness Log Summary • OSHA 301: Injury and Illness Incident Report

11. Opening Conference • The officer’s obligation to confer with the employees. • Physical inspection of the workplace. • The closing conference. • Furnish the employer with any complaints that may have been filed. • Answer questions. • The CSHO will identify areas of the facility to be inspected.

12. Opening Conference • CSHO will request information on the employer’s current safety and health program.

13. Inspection of the Facilities • The CSHO will provide his/her own test and measurement equipment. • Only apparent violations will be recorded. • The CSHO will not offer remedies for violations. • Impromptu complaints from employees will be investigated.

14. Closing Conference • The CSHO will hold a joint closing conference once the inspection is completed. • The CSHO will advise the employer of all conditions and practices that may constitute an apparent safety or health violation.

15. Closing Conference • The CSHO will indicate which sections of the standard apply. • The employer will be informed of potential citations and penalties that may be levied by the Area Director. • Citations will establish time periods to remediate violations.

16. Violations • The General Duty Clause. • Willful Violations. • Knowingly acting out of compliance. • Serious Violations. • Could cause death or serious physical harm. • Four step process: • The type of accident or health hazard

17. Violations • The type of injury expected. • Injury could cause death or permanent injury. • Whether the employer knew or should have known through due diligence (if the inspector found it, the employer should have found it, too). • Other-Than-Serious Violations. • Would not be expected to cause death or serious physical harm. • Does have a direct effect on employees’ health and safety.

18. Violations • Repeated Violations. • Being cited for a violation that had been previously cited or for a substantially similar condition. • De MinimisViolations. • Trivial violations. • Usually only elicits a letter of warning.

19. Citations • The written document that: • Describes the specific nature of the alleged violation, • Cites the standard allegedly violated, and • Fixes a time for abatement. • Citations for serious violations generally carry monetary penalties.

20. Penalties • $7,000 to $70,000 for serious to repeated or willful violations. • Egregious Policy • If OSHA considers the apparent violations as flagrant, fines for each individual violation may be assessed rather than for each type of violation. • Generally based upon a high accident/ injury rate or a large number of violations.

21. Contested Cases • Employers have the right to contest any OSHA action.

22. Questions & Comments