© Business & Legal Reports, Inc. 0803 OSHA Inspections, Citations, and Penalties Massachusetts Care...

© Business & Legal Reports, Inc. 0803

OSHA Inspections, Citations, and Penalties

Massachusetts Care Self-Insurance Group, Inc.

Safety Awareness For Everyone from Cove Risk Services


Session Objectives

Identify how investigations are triggered

Develop an inspection action plan

Understand the steps in the inspection process

Assume an effective role in the inspection

Successfully deal with the outcome of an inspection

You will be able to:


What Triggers Inspections?

– Imminent danger

– Fatality or catastrophe

– Employee complaint

– Referral or follow-up


Targeted Inspections

• OSHA:– Has limited resources

– Selects industries based on SIC codes

– Profiles “high hazard” facilities

– Conducts data collection initiatives


OSHA InspectionAction Plan

– Procedures for handling the inspection process

– Responsibilities of key personnel

– Equipment needed for the inspection


Flashlights

PPE

Facility map

Inspection Tool Box

Cameras

Clipboard, paper, pens


Inspector Arrives

– Understand and implement your OSHA inspection plan

– Alert key personnel

– Prepare conference room

– Check inspector credentials


Level of Cooperation

– Cooperating

– Exercising your right to a warrant

– Being completely uncooperative

– Setting an adversarial tone

Adversarial

Cooperative

Right to Warrant

Uncooperative


Opening Conference

– Employee representative

– Explanation of purpose of visit

– Explanation of inspection process

– Trade secret protection

– Use of a camera or testing instruments

– No retaliation


Opening Conference Tips

– Take detailed notes

– Ask questions

– Answer the inspector’s questions directly

– Don’t volunteer unnecessary information

– Always be truthful


Documentation Requested

– Injury and illness logs

– Written safety programs

– Training records

– Documentation related to specific safety programs

– Control of the flow of information


Your Safety and Health Program

– Multifaceted

– Employee participation and acceptance

– Management commitment and leadership

– Evidence of a safety culture and “good-faith” efforts

– Expanded inspection not warranted


Inspection Preliminaries: True or False?

If you’re in a “high hazard” industry, you’re more likely to be inspected by OSHA

Only management personnel are present at the opening conference

You could be fined or jailed for lying to an OSHA inspector

Inspectors must have subpoenas to look at your safety and health documentation


Inspection Preliminaries

Do you understand:

– What prompts inspections?

– How to prepare for an inspection?

– Preliminary inspection procedures?


Walkaround

– Wear required PPE

– Follow process flow

– Start at area of complaint

– Inspector may note apparent violations in plain view


Side-by-Side Documentation

– Record what OSHA records

– Take pictures

– Sample what OSHA samples

– Make a copy of documents OSHA wants to take

– Have your safety consultant there, if you use one


Fix Hazards and Run Equipment

– Quickly fix hazards identified by inspector

– Explain why an apparent violation is not an actual violation

– Operate machines if inspector asks

– Ensure that guards are in place and operator is trained


Employee Interviews

– Question employees privately

– Determine safety knowledge and culture

– Determine if employees can discuss safety concerns with management

– Find out if employees have any safety concerns


Closing Conference

– Delay of the closing conference

– Discussion of all apparent violations

– Discussion of relevant OSHA standard(s)


Closing Conference (cont.)

– Abatement requirements

– OSHA consultation programs

– Post-conference violations and citations


Your Role in the Closing Conference

– Take notes and listen

– Explain mitigating factors that prove why a situation is not really a violation

– Provide proof of abatement efforts that are in process


Citations and Penalties

– Format of the citation

– Citation posted for 3 days or until abatement completed

– Proposed penalties due, unless contested

– Penalties for failure to abate and for repeated violations


Abatement

– Abatement deadline determined

– Abatement goals provided by inspector

– Successful abatement methods discussed

– Progress reports may be required

– Abatement dates may be modified


Right to Appeal

– 15 working days

– Submitted in writing

– Posting the appeal

– Occupational Safety and Health Review Commission

– Lawyers and consultants


Informal Conference and Settlement Agreement

– Discuss citations and penalties

– Be prepared with evidence, arguments, and contrition

– Offer of expedited settlement agreement

– Don’t make promises you can’t keep


Inspection Process: Multiple Choice

What should you photograph or videotape during an investigation?

c. The final summary of the inspection

c. When the inspector completes the final report

a. Everything the inspector does

b. Only when the inspector finds a citation

When will you find out if you are being cited for OSHA violations?

a. At the closing conference

b. When the inspector arrives at your facility


Inspection Process: Multiple Choice (cont.)

Who decides the abatement method?

a. A neutral source

b. OSHA does

c. You do

Who hears an appeal of an OSHA citation?

a. A lawyer

b. The Occupational Safety and Health Review Commission

c. The inspector who performed your walkthrough


Inspection Process

• Do you understand:– What the inspector will do and look for?

– What you should do during the inspection?

– How employee interviews will be conducted?

– The purpose of the closing conference?

– Citation, penalty, and abatement procedures?

– Settlements and appeals?


Key Points to Remember

An OSHA inspection will go more smoothly and produce a better result if you are prepared with an inspection action plan

During the inspection, document what the inspector sees and records

Respond to citations immediately and abate violations promptly

Exercise your right to appeal citations if you believe you are not in violation


Questions?

Massachusetts Care Self-Insurance Group, Inc.

Safety Awareness For Everyone from Cove Risk Services

Date post:	30-Dec-2015
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