Inspections 101

The OSHA Mission…To assure safe and healthful working conditions for working men and women, by authorizing enforcement of the standards developed under the Act

The Occupational Safety and Health Act of 1970

Established OSHA and effective enforcement program.

Authorized the setting of standards applicable to businesses affecting interstate commerce.

Provide for training to increase competence in the field of occupational safety and health.

Established reporting procedures.

The ActOutlined procedures for setting standards

publication in the Federal Register

Inspections

to enter without unreasonable delay at reasonable times

citations - describe with particularity the violationPenaltiesConfidentiality of trade secrets

The ActJudicial Review ALJOccupational Safety and Health Review

Commission Federal CourtsFinal Order

The ActApplies to businesses affecting interstate commerceCovers employers with one employee.

Outlined procedures for setting standardspublication in the Federal Register

The general duty clause.Section 5(a)(1)

Each employer shall furnish a place of employment free of recognizable hazards that are likely to cause serious physical harm.

Elements of a citation

Exposed employee

Serious hazard

Employer knowledge

Feasible method to abate hazard

Section 5(a)(1) ViolationFailure to follow manufactures instructions.

Seatbelt use on fork trucks.

Failure to follow consensus standards. ANSI, NFPA, NEC, ASME, API, ETC.

NIOSH recommendations.Ergonomic hazards.

Section 5(b)Each employer shall comply with the safety and health standards.

Each employee shall comply with the safety and health standards applicable to their activity.

Section 11(c)No person may be discriminated against for

exercising their rights...

Alleging complaint with employer, union, or Agency.

Participating in safety and health activities.

Whistleblower Investigations

Employee responsibilities…Comply with all applicable OSHA standards. Follow lawful safety and health rules.Wear prescribed protective equipment. Report hazardous conditions to the supervisor. Report any job-related injury or illness to the

employer, and seek treatment. Cooperate with OSHA by answering honestly. Exercise rights in a responsible manner.

Types of OSHA InspectionsImminent Danger.Fatality / CatastropheComplaint / Referral.National or Local Emphasis Program.

Monitoring. Follow-up.General Schedule

Imminent Danger

U.S. District Courts shall have jurisdiction to restrain conditions or practices which could reasonably be expected to cause death or serious physical harm before the danger could be eliminated through enforcement procedures.

Fatality / CatastropheA company must call OSHA within 8 hours

after the death of an employee or the in-patient hospitalization of three or more employees from a work related incident.

All fatality investigations are considered for possible criminal prosecution.

Complaint inspection process

No longer based on signing the complaint.

Phone and Fax.

Facility should have complainant process.

ReferralsFrom other inspectors.

Discrimination investigators.

Media.

Other enforcement agencies.EPAFire and Police DepartmentsHealth Department.

National or Local Emphasis

Fall protectionSilicaLeadFork TrucksAmputations

Follow-upCompany had previously

received citations.

Providing proof of corrective action reduces likelihood of return.

Workplace InspectionsEvery establishment covered by the

OSH Act is subject to inspection

Conducted without advance notice

Identify hazards

Inspection Process

Opening conference.Credentials.Purpose Scope.Warrants

The InspectionInvestigation of Issues

Plain ViewInterviewsSamplingVideotape

Closing conference

CitationsSerious

Repeat

Failure to abate

Other than serious

De-minimus

Unclassified

Effective Safety & Health Programs

Management CommitmentEmployee Involvement.Worksite AnalysisHazard Prevention and Controls.Training and UnderstandingContinuous Improvement

SummaryOSHA standards have helped save lives and

prevent injuries

You need to take action to eliminate the health and safety hazards in your workplace.

Inspections have been OSHA’s way to save lives.

OSHA now offers various means of assistance.