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What To Do When OSHA VisitsPresented by Antea Group In association with NAEM
Learning ObjectivesINTRODUCTION
Inspection Do’s and Don’ts
Understand the purpose of a visit from OSHA and the changing regulatory environment
Learn about the necessity to take action as an employer during the course of an OSHA inspection
Position your organization in a favorable legal light
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Do• Treat the compliance officer with
respect and as a professional.• Be engaged!• Notify others. Make sure that
members of the management team attend the opening and closing conferences.
• Be honest• Gather the documents requested in
a timely manner!
Keys to a Smooth Inspection: Dos and Don’ts OSHA INSPECTION
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• Correct potential hazards, as soon as possible, preferably while the compliance officer is in the facility.
• Allow interviews, assist as requested in identifying the right person to be interviewed by the compliance officer.
• Understand the inspection process -the compliance officer will explain the reason for the inspection and the process during an opening conference.
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Don’t• Argue with the compliance officer. If
you do not understand something, ask a question for clarification, but do not argue with the compliance officer.
• Blame employees for safety issues or concerns. The compliance officer is identifying hazards, not placing blame. Blaming anyone during the inspection does not build trust or goodwill.
OSHA INSPECTION
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Keys to a Smooth Inspection: Dos and Don’ts
• Accept blame for potential issues – just fix them.
• Freely give information that is not requested. Provide only the information the compliance officer requests and show the compliance officer only areas of the facility that are requested.
What Is the Value of Staying One Step Ahead of OSHA?
INTRODUCTION
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OSHA Overview
OSHA Inspections
Employer’s Rights
Strategic Pre-Planning
OSHA Overview – What’s ChangingOSHA OVERVIEW
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New Direction
New Legislation
Aggressive Enforcement and Regulatory Focus
Major New Directives Not Requiring Rulemaking
Direct Final Rulemaking
Far-reaching Penalty Directives
Less Cooperation
• Expect an active regulatory agenda from the agencies for the remaining time of the current Administration
• Many regulations having a direct impact on manufacturing –EPA, NLRB, OSHA, DOL, etc.
• OSHA• Implemented rules on crystalline silica and injury & illness reporting
• Pending combustible dust rules
• Ramped up focus on injury emphasis program for temporary workers
• Revisions to Injury & Illness Reporting • Electronic reporting
• Searchable database
Active Regulatory Agenda
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Sourcewww.osha.gov
Recent OSHA Budget
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2014 Actual Budget 2015 Actual Budget 2017 Actual Budget 2017 Requested Budget
$552.3 Million $552.8 Million $552.8 Million $595.0 Million
OSHA requested an increase in the enforcement budget of $18 million to $226 million, 38% of the total OSHA budget is earmarked for enforcement
EnforcementOSHA OVERVIEW
Aggressive Enforcement and Regulatory Focus Continues in 2016• More inspectors
• Higher penalties and publicity
• More employers placed in the
Severe Violators Enforcement
Program (SVEP)
The 2016 goal is to conduct 37,785; 29,943 safety inspections, and
7,842 health inspections
This increase also reflects the agency’s shift in emphasis from safety inspections to health inspections
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OSHA Overview
OSHA Inspections
Employer’s Rights
Strategic Pre-Planning
Risk Based Nature of OSHA InspectionsOSHA INSPECTIONS
Triggers for an Inspection
OSHA’s Response to a Complaint
The Inspection Process
OSHA Inspection and “Walk Around Process”
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What Triggers an Inspection?OSHA INSPECTIONS
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Imminent Danger
Fatality or Catastrophe
Complaint or Referral
Programmed Inspection
11 National Emphasis Programs
140 Local/Regional Emphasis
Programs
Follow-up
OSHA Response to a ComplaintOSHA INSPECTIONS
Based on Potential Risk to Employees
Low Risk Complaints – Call requesting response within 10 days
Moderate Risk Complaints – Letter requesting response within 10 days
High Risk Complaints – Always results in unannounced OSHA visit
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• Opening Conference
• Review of Documents
• Facility Review – The “Walk Around”
• Additional Monitoring Activities
• Closing Conference
Phases of an OSHA InspectionOSHA INSPECTIONS
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• Verify the credentials of the compliance officer.
• Determine the reason for the inspection and the scope of the inspection.
• Set ground rules, safety equipment required in the facility.
• Notify facility and corporate officials.
• Listen and don’t volunteer information, the OSHA compliance officer will make requests for information that is desired.
• Determine what will be the next steps of the inspection. Document review? Physical inspection?
Opening ConferenceOSHA INSPECTIONS
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The “Walk Around”OSHA INSPECTIONS
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Identify and document
hazards
Review records and programs
Take photos, videos,
instrument readings
Interview employees
Determine employee exposure Establish
employer knowledge of
condition
Things to KnowOSHA INSPECTIONS
1. Legal Status – Inspection is subject to review and enforcement
2. Employees interviewed are potential witnesses
3. Photos and measurements are evidence that the hazards exist
4. Questions asked of management are to determine employer
knowledge of the condition
5. Burden of Proof – OSHA
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Closing ConferenceOSHA INSPECTIONS
• Review of Inspection Findings
• Abatement Options
• Citation/Penalty
• Posting Requirement
• Informal Conference – 15
Working Days
• Failure to Correct – Follow-up
Inspections
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Immediately Following an OSHA InspectionOSHA INSPECTION
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Follow-UpDe-BriefCorrect Remaining
Concerns and Document Improvement
OSHA Overview
OSHA Inspections
Employer’s Rights
Strategic Pre-Planning
Employer’s RightsEMPLOYER’S RIGHTS
What are an employer’s rights?
How does the employer exercise them?
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Employer’s RightsEMPLOYER’S RIGHTS
1. Requesting a search warrant – You can, but do you want to?
2. Trade secret protection for non employees
3. Right to have an employer representative or legal counsel present
4. Some control on employee representatives
5. Inform employees of their options during an interview
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Escort Compliance Officers
Take photographs and notes
Maintain focus
Manage employee interviews
Answer honestly but don’t speculate
Stay in ChargeEMPLOYER’S RIGHTS
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Three B’sEMPLOYER’S RIGHTS
Be Courteous!
Be Alert!
Be Quiet!
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OHSA’s Burden of ProofEMPLOYER’S RIGHTS
OSHA Must Show:
1. The applicability of the cited standard.
2. The employer’s noncompliance with the
standard’s terms.
3. The potential injury or illness to the employee(s).
4. The employer’s actual or constructive knowledge
of the violation.
5. The application of the General Duty Clause.
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OSHA’s maximum penalties, which were last adjusted in 1990, increased by 78% on August 1, 2016. Any citations issued by OSHA after that date will be subject to the new penalties if the related violations occurred after November 2, 2015.
Going forward, the agency will continue to adjust its penalties for inflation each year based on the Consumer Price Index.
Citations and Penalties
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Type of Violation Old Maximum Penalty New Maximum Penalty
SeriousOther-Than-SeriousPosting Requirements
$7,000 per violation $12,471 per violation
Failure to Abate $7,000 per violation $12,471 per violation beyond the abatement date
Willful or Repeat $70,000 per violation $124,709 per violation
Penalty Considerations/Severity of Penalties
EMPLOYER’S RIGHTS
Employer Knowledge
Competent Inspection
Safety Culture
Written Safety Rules and Procedures
Training
Employer’s Discipline Policy
Safety Record
Accident and OSHA Violation History
Good Faith Shown by the Employer
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We received citations.
What do we do?
Read the citations and related documents –immediately.
Written CitationsEMPLOYER’S RIGHTS
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Written CitationsEMPLOYER’S RIGHTS
1. Written Notice
- Entire Inspection
- Penalty Amount
2. Abatement Time
3. Citation Review
4. Post the Citations
- In a prominent location, at or near the location of the alleged violation
5. Settlement Options
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What requires improvement
Equipment Process Procedures Training
When will the improvement be made
Who will complete the improvement
Document the improvements
Abatement PlanEMPLOYER’S RIGHTS
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Plan
Do
Check
Act
• First, pay attention to the date of the citation(s). A response must be sent within 15 business days or the citations and penalties become final.
• Second, do not simply accept and pay the citation. Consult with your team and evaluate settlement alternatives.
OSHA Citation Settlement OptionsEMPLOYER’S RIGHTS
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• OSHA offers an informal settlement process where citations and penalties can be negotiated and in some cases removed.
• Formal Contest of the citations which is a legal process and a hearing before a administrative law judge.
• Decide on the next step but do not delay. Remember the 15 day limit.
OSHA Overview
OSHA Inspections
Employer’s Rights
Strategic Pre-Planning
Strategic Pre-PlanningSTRATEGIC PRE-PLANNING
As employers, how can we
prepare for, manage and
mitigate incidents which may
affect our business, operations,
customers and brand?
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Strategic Pre-PlanningSTRATEGIC PRE-PLANNING
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The Benefits of Strategic Pre-Planning
Establishing a Trained OSHA Inspection Team
Identify
Inspection Protocol
Post-Inspection Meeting
OSHA Response Plan DevelopmentSTRATEGIC PRE-PLANNING
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Utilize your resources…
OSHA Response Plan DevelopmentSTRATEGIC PRE-PLANNING
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Develop a Response Plan…
Be Prepared and Proactive – Don’t wait for the “knock at the door”
• Develop a Plan
• Respond Quickly
• Have a Strong Health and Safety Process• Develop a Culture of Safety
• Good, Safe Equipment Design
• Effective Training
Summary
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Proactive vs. Reactive
Reduction in injury and illness rates
Evaluated by companies when
selecting partners
Ensure ability to bid jobs and
remain active on jobs
Reduce workers’ compensation
rates
Improved employee morale
Positive impact on the bottom line
Benefits for Your Organization
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STRATEGIC PRE-PLANNING
Questions and Answers
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Presenter Contact Information:Chris Brossia MS, CIH, CSP, CHMM Antea GroupSenior Consultant Direct + 1 970 308 [email protected]
B E T T E R B U S I N E S S , B E T T E R W O R L D℠
Thank you!
Antea USA Headquarters5910 Rice Creek Parkway, Suite 100St. Paul, MN 55126, USAUSA Toll Free: +1 800 477 7411 International: +1 651 639 9443
www.anteagroup.com
Chris Brossia, MS, CIH, CSP, CHMM, Antea Group
Presenter
Chris Brossia, Consultant, has more than 20 years of experience in Risk Management and Environmental, Health and Safety. His technical specialties include ergonomics, industrial hygiene, safety culture/leadership, compliance programs, global health and safety management systems, manufacturing systems, research & development, pharmaceutical containment and workers’ compensation.
Contact Information: [email protected]; mobile phone 970 308 2618.
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