The OSHA Inspection – Preparation is Key
The Occupational Safety and Health Administration, OSHA, oversees approximately 7 million entities to ensure that safety measures are implemented. Most of the inspections conducted are done without advance notice (recent years about 56%), however, employers can request an inspection warrant prior to having their OSHA representative enter the workplace.When an OSHA representative identifies hazards or violations of OSHA standards, they can issue fines and citations, within six months of the violation. The citation will describe the OSHA requirements and any regulations that have allegedly been violated. The proposed penalties will be provided, as well as a deadline to correct hazards. According to OSHA, “violations are categorized as willful, serious, other-than-serious, de minimis, failure to abate, and repeated.” It should be noted that OSHA has a policy to reduce penalties incurred by small employers, as well as those acting in good faith. More serious alleged violations will receive penalties based on the gravity of the infraction. Of note is that alleged “willful violations” will not receive a good faith adjustment.OSHA determines their priority inspections based the perception of the infraction. Potential infractions include the following:
Imminent danger situations
Severe injuries and illness, including work-related fatalities
Worker complaints
Referrals of hazards from reporting agencies or media
Targeted inspections
Follow up inspections – checks for abatement of violations cited in prior inspections
There are situations in which OSHA will provide advanced notice for inspection that include:
After business hour inspection
Management not present
Miscellaneous reasons determining that a more comprehensive inspection is necessary (such as a fatality)
All employees should be trained to be cooperative and to immediately notify the person responsible such as the administrator or CEO when an OSHA inspector or team arrives at the facility. The credentials of the lead officer should be verified to ensure that the inspection is legitimate and the purpose of the inspection should be clarified. It is best to always escort the OSHA officer as they move around the facility in order to take notes and record with pictures the items and areas that are inspected. After the inspection, facility participants should immediately record notes as to the experience which detail what questions were asked and what areas seemed of concern. If more than one person is involved it is beneficial to have a post inspection conference to gather a complete description of the event. OSHA has the right to interview employees and to ask for written statements. All facility personnel should be instructed to answer questions completely and honestly without speculation. Staff should not offer more information that is asked and should never admit guilt.
When an OSHA compliance officer conducts a visit to determine if there are any safety hazards or potential situations that require their attention that have a process flow. The following details the components of an OSHA visit:
Inspection preparation: Prior to the workplace visit OSHA compliance officers review the history of the workplace they will be visiting. They will review the inspection history (all organizations must keep this current), review the operations and functionality, policy and procedures, and relative industry standards. They also gather information on necessary equipment and tools for assessment.
Upon arrival at a workplace the OSHA officer will present their official credentials stating they are representing OSHA; this will include a picture and serial number.
Opening conference: During this meeting the OSHA agent will provide an overview as to why the site was chosen for inspection, along with process and procedures describing the onsite visit. The workplace will assign an employee to accompany the OSHA compliance officer on the visit. The OSHA representative will also have the opportunity to speak privately with other employees at the workplace.
Walkaround: After the opening conference the OSHA representative will walk throughout the parts of the workplace that is under investigation, looking for potential hazards that could lead to any safety issue, injury, or illness. During this time there will be a review of records pertaining to worksite injury and illness. Additionally, they will look for the posting of the official OSHA poster. OSHA representatives attempt to conduct inspections without disrupting normal workday functions.
Closing Conference: Upon completion of the walkaround, the OSHA representative conducts a closing conference with the employer and the employee representative to share the findings, and a possible course of action. According to OSHA the representative will discuss employee rights, proposed penalties, contesting citations, and consultation services.
All workplace sites that are certified by OSHA should always be prepared for an inspection. Maintaining the highest safety standards, including ongoing training programs relative to safety procedures specific to any potentially hazardous chemical or activity, and established policies and procedures for workplace accidents, should be evident to all employees. OSHA offers a free consultation service to small and medium-sized businesses to identify safety hazards and risks, as well as assess and improve existing safety programs. An unannounced visit from an OSHA representative can be stressful. To prepare for a potential visit please check the OSHA.gov website. Learn about the recordkeeping forms that keep your organization compliant, gain insight into safety and health programs that are required, and gain insight into whistleblower protection. There is expansive information available in their website that can give business owner, department heads, and employees directives to ensure safety and good faith efforts to maintain highest safety and reporting standards.