Graphic Products, Inc. — Published Articles
Preparing for an OSHA Inspection
May 24, 2011
Written By: Steve Stephenson
Workplace Watchdog Safety Managers Guide
No one should fear coming to work and getting hurt. So why do we shudder when we hear about OSHA inspections? The purpose of this article is to balance some of the dread caused by OSHA inspections. After all, most of us want to do our jobs well and be free from danger.
Almost every day, machines are squeezing, pinching and crushing body parts; falls are occurring from roofs and ladders at great heights; workers are being hit by moving objects; excessive noise is causing hearing losses; motor vehicles are injuring or killing workers – even slips and trips on flat surfaces are known to be fatal. The list of work-related injuries is long and frightening.
In fact, more than 85% of workers rate workplace safety first in importance among labor standards, according to a study from the National Opinion Research Center at the University of Chicago. The study, developed for the Public Welfare Foundation, also found that about 12 percent of workers reported an on the job injury during the last year and 37% said they've required medical treatment at one time for a workplace injury. Is this an acceptable rate? Absolutely not.
The costs of occupational injuries and illnesses in the US exceed $100 billion annually and entail both direct and indirect costs borne by injured workers, their families, other workers through lower wages, firms through lower profits and consumers through higher prices, according to the RAND Corporation.
As our official "watchdog" of the workplace, OSHA has expanded its scope and influence since its inception in 1970. The good news is safety is more relevant than ever.
Generally, OSHA inspections concentrate on the most hazardous sites found in the workplace. Complaints from employees (anonymous or otherwise) and referrals from agencies, organizations or the media also receive elevated attention.
OSHA is not necessarily breathing down the neck of industry, as some fear. With only about 2,400 OSHA inspectors inspecting the more than 111 million US workplaces, that would be a monumental, if not impossible, task.
To break it down further, workplaces with ten or fewer employees are exempt from random inspections by federal OSHA officials. While state laws may empower local inspectors to randomly inspect smaller businesses, small insurance agencies, retail stores, computer repair shops and similar low-injury business are also rarely targeted.
Knowing OSHA inspections are rare for most companies should never diminish a facility's responsibility to provide a safe workplace. It makes sense to anticipate an OSHA inspection because it encourages best practices and protects the company if one should occur.
So who are likely OSHA inspection targets?
OSHA tracks fatalities and serious injuries from diversified trades. Based on this data, if a notable industry has high risk jobs that get cited every year, they will focus inspections on these industries. Construction worksites, for example, are cited regularly.
Whether You're a Candidate for an OSHA Inspection or Not, It's Smart To Be Ready
There are many resources on the market to help facilities anticipate OSHA inspections depending on budget, resources and time. Training software, consultants and other supportive products and services are all extensively available. OSHA offers a guide to inspections (OSHA 2098) which is an excellent place to start.
"Have your records and program documentation in order," stressed Burl Finkelstein, Kason Industries. "A well documented compliance /safety program is a lifesaver for both the management and its employees."
Finkelstein recommends creating an internal inspector position as a way to identify potential safety problems. This also helps you to be well-prepared for an OSHA inspection. He advises companies to organize weekly meetings with all appropriate staff and leading inspections once a month. These inspections, he said, should note items of concern and then be remedied and recorded in a log. Consider this a practice OSHA inspection, he added.
There are dozens of free OSHA guidelines covering abrasive wheel equipment and grinders, chemical exposures, compressed gas and cylinders, confined spaces, cranes and hoists, electrical safety, elevated surfaces, emergency action plans, employer posting, environmental controls, ergonomics, exits, fire protection, flammable and combustible materials, hand tools and equipment, hazard communications, industrial trucks and safety committees and meetings available at www.osha.gov.
Graphic Products, Inc. has created an OSHA Health & Safety Label and Sign inspection checklist that addresses sign legibility, location, color and proper messaging. For more information, visit www.durabelsupplies.com.
Preparing for An OSHA Inspection
Once you've been notified that OSHA will inspect you, take the time to mobilize an inspection team, including someone to greet the inspector and another person to accompany the inspector during his tour. The team should have notebooks to record conversations during the inspection. If the inspector is taking photographs, then the inspection team should attempt to duplicate these photographs with their own camera.
Dedicate several hours to consolidating the necessary OSHA paperwork including injury/illness records for the past five years, hazard communication programs, emergency preparedness and evacuation procedures, lockout/tag out (LO/TO) programs, respirator programs, exposure and medical records and OSHA posting requirements, material safety data sheets (MSDS) and blood borne pathogen training.
These documents should only be provided to the inspector when specifically requested. Designate one person to present the requested materials.
OSHA regulations require most employers with 10 or more full-time employees to keep a yearly log of all work-related injuries and illnesses. This is the OSHA Log of Injuries and Illnesses, or the OSHA Form 300.Software has been introduced that manages the 300 logs for an unlimited number of locations, generates real-time reports on Excel spreadsheets and provides multi-level password protection.
Be sure your OSHA-compliant labels and signs are placed on all appropriate machines and work areas.
The Three Phases of an OSHA Inspection
An OSHA inspection consists of three stages – an opening conference, a facility walk-through and a closing conference.
Greet the inspector and check their credentials. Confirm the reason for the inspection. Is it due to an employee complaint or programmed inspection? Answer OSHA interview questions truthfully. If you're unsure about something, it's okay to say, "I'll check the facts and get back to you."
During the opening conference, the inspector explains the purpose of the inspection. If applicable, they provide copies of complaints that triggered the inspection. The inspector outlines the scope of the inspection which might include interviews with employees. Employees have the right to say whether they wish the interviews to be private or conducted with managers present.
Then the inspector walks through the facility, taking notes and photographs. Management usually chooses at least one representative to accompany the inspector. OSHA requires that employees – whether or not they have union representation – have an opportunity to select an employee representative for the inspection.
Following the walk-through, the OSHA officer should conduct a closing conference with key company representatives. The inspector should share violations and observed unsafe situations. Any citations will be issued within six months of the inspection by the local Area Director. If a citation is given, the employer must follow the instructions including posting the citation in a prominent workplace location. Employers may elect to contest citations or penalties in writing. Violations are categorized as other-than-serious, serious, willful, repeated and failure to abate. Penalties may range up to $7,000 for each serious violation and up to $70,000 for each willful or repeated violation. Penalties may be reduced based on an employer's good faith, inspection history and business size. For serious violations, OSHA may also reduce the proposed penalty based on the gravity of the alleged violation. No good faith adjustment will be made for alleged willful violations.
If possible, correct any deficiencies the inspector notes before he leaves the building. Review the inspection with the team. Correct deficiencies noted by the inspector. Draft a follow up letter to the inspector addressing his concerns.
There is much to be said for building credibility with the OSHA inspector. Besides enforcement, they will answer questions and work with organizations who want to provide safe working conditions for their employees.
Putting an inspector off until a more convenient date will raise suspicions and increase the likelihood of a more comprehensive inspection when they return.
Be aware, if someone dies or sustains a serious injury due to risky conditions, OSHA inspectors will return frequently.
What's New with OSHA?
OSHA continues to evolve by introducing new standards like the Walking-Working Surfaces and Personal Equipment Standard to improve protection from slip, trip and fall hazards.
Concerns about repetitive motion injuries (RMI) are also a new priority. These are characterized by pain and discomfort in tendons, nerves and muscles. Not caused by a single incident, they may worsen over time, they may develop anywhere on the body and they are difficult to diagnose and treat – although they are common to the hands and wrists, shoulder and neck and the back. OSHA uses broad criteria to document the number of RMIs in industry. Once a condition is judged as an occupational illness, it must be recorded.
Ongoing programs like the Volunteer Protection Program (VPP) encourage cooperation and relationship-building.
"I've been involved in OSHA's Voluntary Protection Program (VPP) since 1995," said Jim Pearson, a senior manager from Entergy, a power generation company.
"What I like about the program is that it lets employees be empowered in their own safety programs and it helps our company save money by doing things safely when everybody is sharing in the responsibility. As a participant in the program, it's a good deal because it takes away the element of surprise and fear of the OSHA inspection and inspectors. You are working with them and they are working with you. After your program has been accepted into the VPP an annual audit is required with goals set and attained to show improvement in your program each year."
In the VPP, management, labor, and OSHA establish cooperative relationships at workplaces that have implemented comprehensive safety and health management systems. Approval into VPP is OSHA's official recognition of the outstanding efforts of employers and employees who have achieved exemplary occupational safety and health.
"We are doing a program with Georgia Tech where they come in and do an inspection audit in the shoes of OSHA. It gives you 30 days to fix problems and they recheck for compliance. After the inspection is competed and compliance is approved, OSHA credits you with an inspection and will not re-inspect unless you have a serious accident, fatality or a complaint. I have heard other states have cooperative OSHA programs, too. Texas to name one," said Finkelstein.
Safety Consciousness
Many experts believe that awareness is best achieved through a combination of internal and external resources. By keeping tuned into our own facilities, seemingly minor mishaps can be avoided. For example, the leaky water cooler bottle that needs to be replaced which could damage the rug and cause people to slip.
Sometimes there are situations we just don't notice because we're so focused on our work. Other times, we flagrantly flaunt our lack of concern by shucking the protective eyewear because it is cumbersome or forget to buckle up on the forklift because it limits our mobility.
While some employers complain about the financial penalties imposed by OSHA for non-compliance, they're a small price to pay compared to the pain of losing a digit or your eyesight. Profits can be made up but fingers and feet cannot.
