What to Expect During an OSHA Inspection? (Following OSHA Federal Guidelines)

Presented by: Zach Bruce

Overview

Discuss OSHA Inspections Being prepared for an OSHA Inspection The inspection process The closing conference Citation & penalties

Discussion of the most frequently cited standards in the Green Industry

Overview of OSHA standards Photos of possible citations

OSHA Inspections

What instigates an OSHA inspection? Imminent danger Serious accident, illness, injury or death Complaints National/Local Emphasis Plan(s)

Local plans: http://www.osha.gov/dep/local_emphasis_programs.html

National Plans:

http://www.osha.gov/dcp/neps/nep-programs.html Programmed inspections

Imminent Danger Highest priority level Must notify employees and remove

workers from the hazard If you refuse to remove your workers

Inspector will Tag the area (only an OSHA officer can remove

the tag) Inform your employees of the hazard(s) Obtain a restraining order from the nearest

federal district court

Planning for an OSHA Inspection Have a plan in place before the arrival of OSHA,

which includes: Employee training – Greeter, key person(s), other employees Where to have the OSHA Officer wait if necessary Whether or not you are going to require a warrant Materials available to the key person – notepad, camera, video

camera (optional)

When May Advanced Notice be Given? In cases of imminent danger. Where it is necessary to conduct inspections at

times other than regular working hours. Where advance notice is necessary to assure

the presence of personnel needed to conduct the inspection.

Where the commissioner determines that advance notice will ensure a more effective and thorough inspection.

Notice will typically be less than 24 hours.

Arrival of the Inspector

OSHA inspector will arrive at your business or jobsite.

Inspector will present his/her credentials. Upon arrival, the inspector should be referred to

the key person. If not available the inspector may wait for a reasonable

period of time (1 hour).

Have a designated area for the inspector to wait.

Opening Conference

Inspector will explain the role of OSHA and ask to conduct an inspection.

You will be informed of the scope of the inspection.

OSHA needs your consent to conduct an inspection.

If inspection is refused, inspector will inform you the he/she may be back with an inspection warrant issued by court. (It is not generally recommended to refuse the inspection.)

The Walk-Through Inspection may be limited or encompass the

entire facility. Have the following available for review:

Written Safety Programs Documentation of Safety Training OSHA 300 Injury & Illness Logs

Accompany inspector, keep notes and observations of interest to inspector

Take photos of items of interest to inspector DON’T OFFER ANY INFORMATION UNLESS

IT IS ASKED FOR!!

Employee Interviews - Rights OSHA may want to speak with them

about a particular incident or complaint, or about safety issues in general.

The employee has the right to be interviewed or may decline.

If the employee so desires, he or she can request that a manager be present during the interview, but that the interview may also be done privately.

If the employee desires legal counsel, he or she should so advise the inspector.

If the employer agrees to make its legal counsel available and the employee agrees to representation by this attorney, the employee has the right to have such counsel represent them at the interview.

Under any circumstance, the employee must answer the inspector’s questions truthfully, and must not speculate as to what the answer may be if the employee does not personally know the answer.

The employee has the right to end the interview at any time.

The employer can not retaliate, in any way, against an employee for participating in an OSHA interview or for telling an OSHA inspector the truth.

Closing Conference

Will discuss any unsafe conditions observed. Will not issue citation(s) at this time. OSHA has six months to issue a citation from

time of inspection. Inspector may want to review regulation or

request additional testing. Inspector may want to talk to the district/area

manager.

Types of Violations

De Minimus Violations that have no direct or immediate

relationship to safety and health.

Other Than Serious Not expected to result in serious injury or death.

($0 to $1,500)

Serious Violation Substantial probability of illness, injury or death.

($1500 to $7,000)

Types of Violations (cont.)

Repeat Violation 2+ violations of same safety order within a 3 year

period. (Up to $70,000)

Willful Violation Violation where an employer knowingly and intentionally

commits. ($5,000-$70,000) An employer who is convicted in a criminal proceeding of a willful violation of a standard that has

resulted in the death of an employee may be fined up to $250,000 (or $500,000 if the employer is a corporation) or imprisoned up to 6 months, or both.

Failure to Abate Failure to correct a violation by the abatement date. (Up

to $7,000 per day)

Contesting Citations

Request an informal conference with your OSHA Area Office – Should be requested within 5 working days of receiving the citation.

Contesting the citation: you have 15 working days from date you receive citation.

Why request an Informal Conference?

Show that you have corrected the citations

Better understanding of the standards

How to correct Proposed penalties Discuss how the penalties

were computed

Discuss abatement dates

Problems concerning employee safety & health practices

Obtain answers to any other related questions

It is almost always recommended to request an informal conference.

Contesting a Citation Contesting or not, cost compared to penalties Willful or Criminal penalties contact your

attorney for advise Fix and document any citations unless you are

contesting that it isn’t a hazard (include photos) Take any previous documentation with you

(inspections, trainings, maintenance records) Be pro-active not re-active

Ways to Face Criminal Charges

Providing false information - Upon conviction shall include a fine of not more than $10,000 or imprisonment for not more than 6 months or both.

Assaulting a compliance officer or otherwise resisting, opposing, intimidating, or interfering with a compliance officer in the performance of his or her duties is a criminal offense and is subject to a fine of not more than $5,000 and imprisonment for not more than 3 years.

Follow-up Inspections

Verify you have posted the citation as required (up to a $7000 fine if not posted). At or near the place of each citation Must remain posted for 3 working days or until the

violation is corrected

Violations have been corrected. Interim measures are adequate during a multi-

step or lengthy abatement period.

Ornamental Floriculture and Nursery ProductsSIC 0181 10/08 – 09/09

Standard #Cited #Insp $Penalty Description

Total 22 5 16875  

1910.147 5 3 6000 The control of hazardous energy (lockout/tagout).

1910.134 4 2 2500 Respiratory Protection.

1904.029 2 2 0 Forms. (Recordkeeping)

1910.219 2 1 1000 Mechanical power-transmission apparatus.

1910.303 2 1 1750 General requirements. (Electrical)

1910.304 2 1 1750 Wiring design and protection.

1910.132 1 1 0 General requirements. (PPE)

1910.178 1 1 875 Powered industrial trucks.

1910.213 1 1 1750 Woodworking machinery requirements.

1910.305 1 1 500 Wiring methods, components, and equipment for general use.

1910.1200 1 1 750 Hazard Communication.

Lawn & Garden ServicesSIC Code 078210/08 – 09/09

Standard #Cited #Insp $Penalty Description

Total 320 115 177689  

1910.1200 43 17 5550 Hazard Communication.

1910.133 28 28 17412 Eye and face protection.

1910.132 25 22 14635 General requirements. (PPE)

1910.067 23 21 16179 Vehicle-mounted elevating and rotating work platforms.

5A.001 21 19 24251  (General Duty Clause)

1910.212 16 16 8390 General requirements for all machines.

1910.134 14 7 4088 Respiratory Protection.

1910.095 12 5 3505 Occupational noise exposure.

1910.147 11 5 6559 The control of hazardous energy (lockout/tagout).

1910.135 9 9 4137 Head protection.

Ornamental Shrub & Tree ServiceSIC Code 0783 10/08 – 09/09

Standard #Cited #Insp $Penalty Description

Total 303 120 248654  

1910.067 53 49 57856 Vehicle-mounted elevating and rotating work platforms.

1910.135 39 32 35052 Head protection.

1910.132 34 22 23935 General requirements. (PPE)

5A.001 26 23 29018  (General Duty Clause)

1910.133 25 23 14220 Eye and face protection.

1910.1200 21 9 3210 Hazard Communication.

1910.180 14 6 7465 Crawler locomotive and truck cranes.

1910.269 11 4 22575 Electric Power Generation, Transmission, and Distribution.

1910.333 10 7 7565 Selection and use of work practices

1910.266 7 1 9150 Logging operations.

Masonry, Stone Setting, and Other Stone Work SIC 174110/08 – 09/09

Standard #Cited #Insp $Penalty Description

Total 7305 1811 5604235  

1926.451 3486 1196 3398787 General requirements. (Scaffolds)

1910.1200 565 271 105087 Hazard Communication.

1926.454 430 378 211468 Training requirements. (Scaffolds)

1926.501 357 317 410071 Duty to have fall protection.

1926.100 248 245 143105 Head protection.

1910.134 213 88 59650 Respiratory Protection.

1926.452 205 189 142400Additional requirements applicable to specific types of scaffolds.

1926.1053 181 124 103403 Ladders.

1926.020 159 142 96378 General safety and health provisions.

1926.102 130 127 65186 Eye and face protection.

Special Trade Contractors (Not Elsewhere Mentioned) SIC Code 179910/08 – 09/09

Standard #Cited #Insp $Penalty Description

Total 2854 1042 2425824  

1926.451 339 147 367182 General requirements. (Scaffolds)

1926.501 271 250 311237 Duty to have fall protection.

1926.453 257 224 209528 Aerial lifts.

1910.134 132 56 45383 Respiratory Protection.

1926.1053 128 97 60872 Ladders.

1926.454 127 119 70903 Training requirements. (Scaffolds)

1910.1200 118 70 21146 Hazard Communication.

1926.503 94 90 46975 Training requirements. (Fall Protection)

1926.062 89 16 46715 Lead

1926.100 88 88 43450 Head protection.

General Duty Clause (Catch-All Phrase)

Requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees". This section may be used to cite hazards for which there are no specific standards, such as ergonomics.

Written Safety Program

Parts of the program: Safety Policy Statement Employer Information Designation of Safety Responsibilities Employee Reporting and Conduct Hazard Identification Procedures Hazard Correction Procedures Accident Investigation Disciplinary Procedures Employee Training Recordkeeping

RECORDKEEPING

If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records

Recordable injuries and illnesses include: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or significant injury or illness diagnosed by a physician

OSHA 300 LOG

OSHA 300A

HAZCOM (Hazard Communication)

Parts of the program: Hazard determination

and identification Hazardous substance

inventory Labels Material Safety Data

Sheets (MSDS) Employee training Recordkeeping

Respiratory Protection

Parts of the program: Respirator Selection Medical Evaluation Fit Testing Cleaning, Maintenance, Change Schedules

and Storage Training Voluntary Respirator Use

Emergency Action Plan

Parts of the program: Emergency personnel names and phone numbers Evacuation routes Emergency phone numbers Utility company emergency contacts Emergency reporting and evacuation procedures Medical emergency Fire emergency Extended power loss Chemical spill Severe weather and natural disasters Field emergency procedures Critical operations

Lockout / Tagout - LOTO

Control of Hazardous Energy – Servicing/Repairing Equipment

Authorized Employee Affected Employee Employee Training Procedures for each piece of equipment Annual Review of Inspection Procedures Written Program

Confined Space ProgramConfined Space Definition Large enough for an

employee to enter & perform assigned work

limited or restricted means for entry or exit,

and it is not designed for continuous employee occupancy.

Examples of Confined Spaces:

tanks pits tunnels vaults boilers sewers shafts ventilation ducts crawl spaces

Permit Required Confined Space

Definition: contains or has the potential to contain a hazardous

atmosphere; contains a material that has the potential to engulf an entrant; has walls that converge inward or floors that slope downward

and taper into a smaller area which could trap or asphyxiate an entrant;

or contains any other recognized safety or health hazard, such as unguarded machinery, exposed live wires, or heat stress.

Confined Space Program

Identify & label all confined spaces.

Will employees enter a confined space? If “Yes” must develop

a written confined space program.

Program contents: Identify confined

spaces in workplace Identify hazards in

these spaces Determine if they are

Permit-Required Determine how to

control the hazards Employee Training

Hearing Conservation

When employee noise exposures equal or exceed a time weighted average sound level of 85 dBA, a hearing conservation program must be implemented

Parts of the program: Sound level

monitoring Audiometric testing Hearing protectors

Required at 90dBA

Training

Noise Level Time Timits Duration Per Day,

# of Hours

Sound Level (dBA) - Approximates

8 90 – Skid Steer Loader

6 92 – Kubota Tractor

4 95 – Hand Drill (96)

3 97 – Push Mower

2 100 – Pressure Washer (99)

1 105 – Backpack Blower

½ 110 – Circular Saw (108)

¼ or less 115 or more –

Cut-off Saw (118)

Chainsaw (127)

Powered Industrial Trucks - Forklifts

Operator Training Must be performed by a person who has

the knowledge, training and experience to train operators and evaluate their competence.

Must consist of a combination of formal instruction and practical training.

Resources

Websites

Occupational Safety & Health Admin. www.osha.gov www.niosh.gov

Hortica’s Loss Control & Safety Materials http://www.hortica-insurance.com/loss_control.asp