OSHA Compliance Inspections

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OSHA Compliance Inspections

• INSY 6010
• FALL 2003

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Workplace Inspections

• Marshall v Barlow established the requirement for
  OSHA inspectors to obtain a search warrant if the
  employer refuses to all them entry to inspect.
• It is generally not in the employers best
  interest to bar Compliance Safety and Health
  Officers (CSHO) entrance.
• Warrants can be obtained in as little as 48 hours.

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Inspection Priorities

• Inspection priorities established by OSHA are as
  follows
• Investigation of Imminent Dangers.
• Allegations of an imminent danger situation will
  ordinarily trigger an inspection within 24 hours
  of notification.
• Catastrophic and Fatal.
• Accidents will be investigated if they include
  any of the following
• one or more fatalities

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Inspection Priorities

• Three or more employees hospitalized as
  inpatients.
• Significant publicity or property damage.
• Issuance of specific instructions for
  investigations in connection with the National
  Office Special Program.
• Investigation of Employee Complaints.
• Highest priority is given to those complaints
  that allege an imminent danger situation.
• Serious situations are given high priority, as
  well.

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Inspection Priorities

• Programmed High-Hazard Inspections.
• Industries are selected based upon the following
  data
• Death Incidence Rates.
• Injury Incidence Rates.
• Illness Incidence Rates.
• Employee exposure to toxic substances.
• In accordance with local and national inspection
  scheduling programs.

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Inspection Priorities

• Reinspections.
• May be conducted to determine if previously cited
  violations have been corrected.

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General Inspection Procedure

• The CSHO conducts inspections to determine if the
  employer is in compliance with the requirements
  of the standards, rules and regulations
  promulgated under the OSHAct.
• Inspections are almost always conducted without
  prior notice.

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General Inspection Procedure

• Upon presenting himself/herself to the employer,
  the CSHO presents proper credentials.
• If entry is denied, the CSHO will obtain a
  warrant that requires the employer to admit the
  inspector. (Note the penalty for murdering a
  CSHO is life imprisonment.)

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Opening Conference

• The CSHO will conduct a joint opening conference
  with the employer and employee representatives.
  (Separate conferences may be held.)
• Safety personnel should also attend the opening
  conference.
• The CSHO will
• Inform the employer of the purpose of the visit.

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Opening Conference

• To investigate whether the establishment,
  procedures, operations, and equipment are in
  compliance with OSHAct requirements.
• Give the employer copies of the Act, and other
  information, as needed.
• The CSHO will briefly outline the following
• The scope of the inspection.
• Records the officer wants to review.
• OSHA 300 Log of Work-Related Injuries
  Illnesses
• OSHA 300A Injury and Illness Log Summary
• OSHA 301 Injury and Illness Incident Report

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Opening Conference

• The officers obligation to confer with the
  employees.
• Physical inspection of the workplace.
• The closing conference.
• Furnish the employer with any complaints that may
  have been filed.
• Answer questions.
• The CSHO will identify areas of the facility to
  be inspected.

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Opening Conference

• CSHO will request information on the employers
  current safety and health program.

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Inspection of the Facilities

• The CSHO will provide his/her own test and
  measurement equipment.
• Only apparent violations will be recorded.
• The CSHO will not offer remedies for violations.
• Impromptu complaints from employees will be
  investigated.

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Closing Conference

• The CSHO will hold a joint closing conference
  once the inspection is completed.
• The CSHO will advise the employer of all
  conditions and practices that may constitute an
  apparent safety or health violation.

15
Closing Conference

• The CSHO will indicate which sections of the
  standard apply.
• The employer will be informed of potential
  citations and penalties that may be levied by the
  Area Director.
• Citations will establish time periods to
  remediate violations.

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Violations

• The General Duty Clause.
• Willful Violations.
• Knowingly acting out of compliance.
• Serious Violations.
• Could cause death or serious physical harm.
• Four step process
• The type of accident or health hazard

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Violations

• The type of injury expected.
• Injury could cause death or permanent injury.
• Whether the employer knew or should have known
  through due diligence (if the inspector found it,
  the employer should have found it, too).
• Other-Than-Serious Violations.
• Would not be expected to cause death or serious
  physical harm.
• Does have a direct effect on employees health
  and safety.

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Violations

• Repeated Violations.
• Being cited for a violation that had been
  previously cited or for a substantially similar
  condition.
• De Minimis Violations.
• Trivial violations.
• Usually only elicits a letter of warning.

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Citations

• The written document that
• Describes the specific nature of the alleged
  violation,
• Cites the standard allegedly violated, and
• Fixes a time for abatement.
• Citations for serious violations generally carry
  monetary penalties.

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Penalties

• 7,000 to 70,000 for serious to repeated or
  willful violations.
• Egregious Policy
• If OSHA considers the apparent violations as
  flagrant, fines for each individual violation may
  be assessed rather than for each type of
  violation.
• Generally based upon a high accident/ injury rate
  or a large number of violations.

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Contested Cases

• Employers have the right to contest any OSHA
  action.

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