Howard B. EbertsArea Director

OSHA – Cleveland, Ohio

What to Do When

OSHA Arrives –

OSHA Inspections

Medina County Safety CouncilAugust 19, 2014

Why Work Safely?

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4

OSHA’s MissionAssure so far as possible safe and healthful

working conditions for every working man

and woman in the nation.

Safety is Common Sense?!

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0

2.75

5.5

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12*

5.2 5.3

4.9 4.8 4.84.5 4.5

4.3 4.34 4 4.1 4

4.24

3.73.5 3.6 3.5

3.2

Fatal Work Injuries per 100,000 Workers

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Fatality RATES are

down 35% since

1994

Rate of Fatal Work Injuries Continues to Drop

1993-2012

Source: Bureau of Labor Statistics (*preliminary 2012 data)

Region V Fatality Study Data

FY2007 – FY2013

270, 32%

223, 27%

340, 41%

Fatalities by Industry FY 2007 - FY 2013

Construction

Manufacturing

Other

224

211

223

47

68

3327

0

50

100

150

200

250

Struck Caught Fall Exposure Electrocution Fire/Explosion Other

Fatalities by Event FY 2007 - FY 2013

73

55 55

44 43

37 36

0

10

20

30

40

50

60

70

80

Struck by fallingobjects

Caughtbetween

moving andstationary

object

Caught in orcompressed byequipment or

objects

Fall from ladder Caught inrunning

equipment ormachinery

Contact withoverhead

powerlines

Struck by workvehicle on site

Top Events FY 2007 - FY 2013

Federal OSHA

• OSHA Staff: 2,305

• Workers: 130 million

• Worksites: 8 million

• Regional Offices: 10

• Local Area Offices: 90

Federal OSHA

Ohio Offices• OSHA Inspectors: 58

• Workers: 5.0 million

• Worksites: 287,865

• Local Area Offices: 4

– Toledo

– Columbus

– Cleveland

– Cincinnati

Who is covered by the OSH Act?

• Most private sector employees

• Coverage is provided directly by federal

OSHA or through an OSHA-approved state

program

• Does not cover the self-employed or

immediate members of farm families that do

not employ outside workers

OSHA Emergency Hot-Line1-800-321-OSHA

• Report workplace safety or health fatalities or the hospitalization of 3 or more employees

• Report a workplace hazard

• File a complaint about a workplace hazard

• Request information on OSHA

• Request an OSHA publication

Employees have the right to file a

complaint with OSHA

Section 11 (c) of the OSHA Act

Prohibits any employer for

discriminating against an

employee for filing a complaint

with OSHA

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Whistleblower• FY 13, Region V received 506 Whistleblower

complaints (19% of Nation’s total)

315 – 11(c) cases

119 – 11(c) - merit cases

13 – 11(c) Complainants reinstated

$957,745 – wages recovered for Complainants under 11(c)

• In Ohio:

– 182 Whistleblower Complaints

138 – 11(c) Cases

58 – 11(c) - merit cases

$369,311 wages recovered for Complainants under 11(c)

7 – 11(c) Complainants reinstated

Workplace Inspections

• Every establishment

covered by the OSH Act

is subject to inspection by

OSHA compliance safety

and health officers

(CSHO's)

• Most inspections are

conducted without

advance notice

HOW DOES OSHA PICK THE

COMPANIES TO BE

INSPECTED?

OSHA Inspections

• Imminent Danger – any condition where there

is reasonable certainty a danger exists that can

be expected to cause death or serious physical

harm immediately or before the danger can be

eliminated through normal enforcement

procedures

• Catastrophes and Fatalities – death of one or

more employees or the hospitalization of three

or more employees [Report within 8 hours]

OSHA Inspections

• Employee Complaints

– Formal: Complaint signed by a current employee - an inspection

– Non-Formal: Complaint with no signature, anonymous, public, former employee – no inspection (phone & fax)

• Referrals

– Law Enforcement

– Other Governmental Agencies

– Media

Complaints

• The Occupational Safety and Health Act of

1970 gives employees the right to file

complaints about workplace safety and

health hazards. Further, the Act gives

complainants the right to request that their

names not be revealed to their employers.

OSHA Workers' Page

www.osha.gov/as/opa/worker/index.html

OSHA Inspections

• Programmed Inspections

– National Emphasis Programs (NEP)

– Local Emphasis Programs (LEP)

– U-Tenn inspections (Construction)

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National Emphasis Programs

Current:

• Amputations

• Combustible Dust

• Fed Agencies

• Food Flavorings

• Hex Chrome

• Lead

• Primary Metals

• PSM (Chem Plants)

• Nursing Homes &

Residential Care Facilities

• Silica

• Ship Breaking

• Trenching

• Isocyanates

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Region V Local Emphasis Programs

(LEPs) - FY 14

• Fall Hazards (Construction & General Industry)

• Primary Metals

• Grain Handling Facilities

• Tree Trimming Operations

• Powered Industrial Vehicles (Construction & GI)

• Maritime (IN, MI)

• Building Renovation/Rehab - “Gut Rehab”

• High Rise Construction (Chicago AOs)

• Dairy Farm LEP (Wisconsin AOs)

• Federal Agencies (IN, MI, MN)

OSHA Inspections

• Follow-ups

– Fatalities and Catastrophes

– Significant Cases

– No abatement verification

OSHA INSPECTIONS

• Inspection stages– Inspector’s Credentials

– Opening Conference

– Walkaround

– Closing Conference

– Citations

– Review Process

– Abatement Verification

– Can happen anytime including Saturdays

Inspector’s Credentials• Inspector displays credentials

• Asks to meet an appropriate employer representative – Be sure all employees know who is

in charge at the job site

– CSHO usually will wait a reasonable amount of time. Depending on amount of time, reason for delay & type of inspection

– OSHA will get a warrant if necessary

Inspector’s Credentials

(Cont.)• Employers should always ask

– There are individuals that will say they are OSHA to get on the jobsite for various reasons (competitors, vendors, attorneys, etc.)

• Employer can call local OSHA office to verify

Opening Conference• Inspector:

– Explains how worksite was selected

– Explains scope of inspection

– Provides copy of complaint (if applicable)

• You will not be told who filed the complaint

• Employers cannot discriminate against an

employee for filing a complaint

Opening Conference

(Cont.)• Inspector:

– Asks for employer representative to

accompany them during the inspection

• Important to have representation during

inspection

• Answer questions, offer explanations, etc.

– Asks for an authorized employee

representative (union) to accompany them

during an inspection

The WalkaroundInspector:

• Proceeds through the establishment to identify

safety and health hazards

– A company representative should be

present

– Cooperative and respectful

– A second employee to abate minor

violation

• Determines route and duration of the inspection

• Talks privately with employees

The Walkaround (cont.)

Inspector:

• Takes photos/videotapes

– Company Rep. should take pictures of

same angle and other if apply

• Reviews records, programs

– Be sure your records are in order. Last

minute is no time to put them in order

• Conducts monitoring (if applicable)

Four Hazards Emphasized By

OSHA On Construction Sites

• Falls

• Electrical

• Struck By

• Caught between

• A good safety program should address all of these issues

The Closing Conference• All observed unsafe and unhealthful conditions are

discussed

• Violations for which a citation and penalty may be issued are indicated

• Inspector will not indicate any specific penalty but informs employer of appeal rights

• Abatement times are discussed

• Appeals processes are discussed

• Separate closing conference if employee representative does not participate

• Good time to ask questions about the process if you have any

Post Closing Conference

• Inspector reports findings

• Area Director determines whether citations will be

issued and whether penalties will be proposed

• Site employer representative should compile his

notes to create a report to be filed with management

• During this time get field and Mgt. personnel

together, review all notes and documents and

determine what steps need to be taken next

• Remove employees from hazards! Interim protection

where necessary

Citations

• Employer will receive citations and notices by

certified mail

• Employer must post a copy of each citation at or

near the place the violation occurred for 3 days or

until it is abated – whichever is longer

• Inform the employer and employees of the

regulations and standards alleged to have been

violated

• Inform the employer and employees of the

proposed abatement date

• Appeals process is explained

Citations: Types of

Violations

• Violations

– other-than-serious

– serious

– willful

– repeat

– failure-to-abate

Other-Than-Serious

• Direct relationship to job safety and health

but would not cause death or serious

physical harm

• Penalty $0 to $7000

• May be adjusted downward as much as

95% (size, good faith, and history)

Serious

• Substantial probability that death or

serious physical harm could result

• Penalty $1500 to $7000

• May be adjusted downward for size, good

faith, and history

Willful

• Employer intentionally and knowingly

commits

– Employer is aware of the hazardous

condition

– Employer knows it violates a standard or

obligation of the Act

– Employer makes no reasonable effort to

eliminate the hazard

Willful

• Penalty $5000 to $70,000

• Criminal sanctions may be imposed if

resulting in the death of an employee

– Penalty of $250,000 ($500,000

corporation)

– or 6 months imprisonment

– or both

Repeat

• Inspection reveals a substantially similar

violation is found and the original citation

has become final order

• Penalties up to $70,000 for each violation

Failure-to-Abate

• Employer fails to correct a prior violation

• Penalties up to $7000 per day beyond the

prescribed abatement date

Citations• Once an employer receives a citation notice a copy

of each citation must be posted at or near the place

the violation occurred for 3 days or until it is abated

(which ever is longer) even if you contest the

citation.

• If employer agrees to the citation and penalties

– Correct the conditions by the date set

– Notify the Area Director by Certified Mail of the

corrective action

– Pay any penalties within 15 working days of receipt

of notice

Citations (Continued)

• Informal Settlement Agreement

– Before filing a Notice of Intent to Contest

– Request an Informal Conference with the

Area Director

Citations (Continued)

• Informal Settlement Agreement

– At the Informal Conference you may be able to get a:

• Better explanation of violation(s)

• Better understanding of standard cited

• Negotiated agreement

• A what to correct violation

• Discussion on problems with abatement date

• Discussion on employee safe work practices

• Resolution the disputed citation and penalties

Citations (Continued)

• Informal Settlement Agreement

– Often an Informal Settlement Agreement will be sent

with the citation

– Must be done within 15 working days of the citation

Citations (Continued)• If employer does NOT agree the employer has 15

working days from the date of receiving the citation

to contest in writing the citation, proposed penalty

and/or abatement date.

– Penalties and/or abatement dates will be suspended

until Review Commission’s final order

– Contest must be made in good faith

– If only penalty or some items are contested the

remainder must be abated or paid by the date on the

citation.

– Penalties and/or citations properly contested will not

have to be abated or paid until resolved

Citations (Continued)

– The Employer can try to settle with OSHA’s attorney

– IF not, a hearing (trial) will be scheduled

– You my represent yourself or have council

– The judge can affirm, modify or eliminate any

contested items

– Either party can request a review of the full Review

Commission

– The Commission’s ruling can be appealed to the U.S.

Court of Appeals

Nationwide FY13

Top 10 Most Cited Standards

1. Fall Protection

2. Hazard

Communication

3. Scaffolding

4. Respiratory

Protection

5. Electrical, Wiring

Methods

6. Powered Industrial

Trucks

7. Ladders

8. Lockout/Tagout

9. Electrical, General

Requirements

10.Machine Guarding

Data Source: OIS Frequently Cited Stnds. Rpt. Dated 9/17/13

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Can we beat an OSHA

citation?• Employee Misconduct

• Must prove all four of these:

– Work rule

– Rule is communicated

– Monitor compliance

– Discipline

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Best Lines

• “That’s not me in your photo.”

• “I conduct surprise inspections all the time

and I have never seen my folks without fall

protection.”

• “My foreman told me that OSHA didn’t find

anything wrong.”

• “I trust my son and your compliance officer

is full of sh$#!”

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Howie’s Tips For Employers

• Have a plan to inform top managers of OSHA’s

arrival and results

• Take notes and photos

• Ask Compliance Officer questions to help you

understand hazards and corrective actions

• Provide documents as soon as possible

• Make sure you understand what is being

requested

• Be respectful

• Don’t impede Compliance Officer

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Questions?