Surviving an OSHA Inspection

1. Surviving an OSHA Inspection This webcast will cover ... • Who is targeted for an inspection, • What are the key areas of enforcement, • What goes on during an inspection, • What OSHA looks for, • What your rights are as an employer, • How to get fines reduced, • How to prepare for/avoid an inspection, and • Question & Answer Moderator • Webb Shaw, Director of Editorial Resources Panelists • Joe (Travis) Rhoden, Editor – Workplace Safety • Robert O’Connell, Account Executive • Attention Attendees: • Thank you for attending! • The presentation will start in a few minutes at 1:00 PM Central. • Please use your computer speakers to listen to the event. If you have audio issues, dial-in info is below. • You will be muted during the event. • Please use the Question feature to text questions to Panelists. We’ll try to answer them during the Q&A period if they are not covered in the presentation. • The slides will be posted in 1-2 days and the recording in 7 days at http://www.jjkeller.com/cbdawebcasts

2. Surviving an OSHA Inspection Panelists Webb ShawDirector of Editorial Resources Joe (Travis) Rhoden Editor – Workplace Safety Robert O’Connell, Account Executive

3. Introduction • Who is targeted for an inspection • What are the key areas of enforcement • What goes on during an inspection • What OSHA looks for • What your rights are as an employer • How to get fines reduced • How to prepare for/avoid an inspection • Question & Answer • Housekeeping issues: • You will be muted during the event. • Please use the Question feature to text questions to the Panelists. We’ll try to answer them during the Q&A period if they are not covered in the presentation. • If you lose sound at any point, you can dial-in by phone using the number and Pass Code listed below. • If you lose the program window and need to re-login be sure to enter a different e-mail address to avoid being denied access for multiple logins. • Please complete survey after webcast ends.

4. Disclaimers • The content in this webcast is intended for information purposes only and should not be construed as providing legal advice. • If you ask questions based on your unique circumstances, we will attempt to address them from a more general perspective. • This is an introductory webcast and is intended to highlight some of the more popular strategies for managing OSHA inspections.

5. Who is Targeted? • National, regional, local emphasis programs • Hazard-based (e.g. combustible dust) • Equipment-based (e.g., forklifts, presses) • Industry-based (e.g., residential construction) • Site-Specific-Targeting Program • DART, DAFWII-based (4-5 times the national average) • Referrals from other agencies • Complaints • Fatality/catastrophe reports • Follow-up from prior inspection (either at your facility or another location of your company) • Severe Violator Enforcement Program • Plain-view • Construction sites

6. Hot Topics in OSHA Enforcement • Injury/illness recordkeeping • National Emphasis Program • Incentive programs under scrutiny • Combustible dust • National Emphasis Program • Illnesses • Hearing loss • Focus 4 hazards: Falls, Struck by, Caught-in, Electrocution • High-hazard industries • Manufacturing, construction, refineries, grain handling, chemical plants

7. The Knock At The Door The compliance officer will: • Arrive during regular working hours • Present credentials • Request to see the owner or “person in charge” The OSHA officer does not need a warrant, but must have your consent.

8. The Inspection Process The inspection will include: • Opening conference • Records review • Facility walk-through • Closing conference

9. Process: Records Review OSHA will review: • OSHA 300, 301, and 300-A • “OSHA Poster” • PPE hazard assessment • Written programs • Training records • Exposure records

10. Process: Facility Walk-through During an inspection, the officer will: • Observe safety and health conditions and practices, • Interview employees, • Take photos and instrument readings, • Collect air samples, • Measure noise levels, • Survey existing hazard controls, and • Monitor employee exposure to toxic fumes, gases, and dusts.

11. Process: Closing Conference The compliance officer will: • Discuss unsafe or unhealthful conditions observed • Indicate apparent violations • Explain appeal rights • Offer OSHA assistance

12. Citations The citation will include: • Violations • Proposed penalties • Abatement period OSHA has six months to issue citations.

13. Citations: Violations Violations are categorized as: • De minimus – No penalty • Other-than-serious – $0 - $7,000 • Serious – $3,000 - $7,000 • Willful – $5,000 - $70,000 • Repeat – up to $70,000 • Egregious – Instance-by-instance

14. Citations: Factors Affecting Penalties OSHA considers: • Gravity • Number of employees • 1-25 = 40% • 26-100 = 30% • 101-250 = 10% • Over 250 = No adjustment • Good faith • Must have written safety and health program • Quick fixes • History

15. Citations: Real-World Examples • May 19, 2010 – “OSHA cites shipbuilder more than $1.3 million for willfully exposing workers to toxic vapors in a confined space” • Sept. 1, 2010 – “OSHA fines company $3 million for tampering with safety mechanisms on presses to speed up production” • Jan. 1, 2011 – “Food processing company cited $212,000 for failing to implement and train workers on LO/TO”

16. Citations: Abatement Period The abatement period will be: • A specific date • Usually less than 30 days

17. Citations: Your Options An employer may: • Accept the citation, • Extend the abatement date, • Contest the violation, and/or • Request an informal conference You have 15 working days to contest a citation.

18. Preparation: Avoidance of Citations Employers can avoid OSHA citations by: • Ensuring regulatory compliance • Establishing a safety and health program • Training employees • Performing self-inspections • Keeping accurate records • Developing an OSHA inspection plan

19. Preparation: Regulatory Compliance Employers should: • Identify regulations that apply • Keep track of regulatory changes • Cranes and derricks • GHS/Hazcom • Walking-working surfaces • Be aware of enforcement programs

20. Preparation: Safety & Health Program A safety and health program can: • Cut injury costs by 20 to 40 percent Common program elements include: • Management leadership; • Employee participation; • Hazard identification, prevention, and control; • Education and training; and • Program evaluation

21. Preparation: Training Employers must: • Provide required training • Present information in an understandable format • Language • Vocabulary

22. Preparation: Self-inspection/-audit Self-inspections: • Identify hazards and violations • Provide focused effort • Ensure compliance Self-audits: • Identify system-wide deficiencies

23. Preparation: Records Employers must keep accurate records of: • Injuries and illnesses • Exposures • Training • Inspections

24. Preparation: Develop an OSHA Inspection Plan • Train front-desk/security on how to react when an OSHA officer shows up • Who should be contacted? • Have a plan of action that can be set in motion • Are we requesting warrants? • Document retrieval • Safety manager, maintenance personnel, upper management, labor representatives, etc. • Conduct mock “OSHA Inspections”

25. Recap • There is a method to OSHA’s madness • Inspections are structured • You can and should prepare for an inspection • There are things you can do to minimize citation damage

26. Question & Answer Webb ShawDirector of Editorial Resources Joe (Travis) Rhoden Editor – Workplace Safety Robert O’Connell, Account Executive Please submit questions to “Q&A” using the Question tool

27. This webcast was sponsored by: Please right-click the image above and select “Open Hyperlink” for a brief introduction. For more information, call 800-843-3174 x2675 or go online to jjkeller.com/customsolutions