8/17/2009

Every year OSHA inspects thousands of workplaces across the country. Due to the stimulus package, it is expected that these inspections will increase. Emphasis will be placed on enforcement more than compliance. This event may be less stressful if you know what to expect before the compliance officer "knocks"; With a few exceptions, you will not have advance notice of an inspection. The inspector will simply arrive with most if not all information OSHA possesses about your history with the agency. The last thing you need is for an inspector to find out he or she is better informed about your facility's history than you are. So, if you do not have a thorough knowledge of all interactions with OSHA, correcting that gap should be one of your first priorities. You won't have time when the inspector arrives.

Opening Moves:

Be sure to say at the outset if your facility is enrolled in a voluntary compliance program (NOTE: Some voluntary programs exempt participants from routine inspections). In addition, also let him/her know if you are actively working with an outside consultant. You also want to ask the inspector which kind of inspection will be conducted. There are two types of OSHA inspections:

• Comprehensive—a substantially complete and thorough inspection of all potentially hazardous areas of the establishment.
• Partial—an inspection that is limited to certain potentially hazardous areas, operations, conditions, or practices of the Establishment. Either way, all inspections follow the basically same standard procedure:

• Presentation of the inspector's credentials
• Opening conference
• Examination of records (OSHA illness and injury logs, written safety programs, etc.)
• Walk around inspection
• Closing conference

Inspection Pointers:
Here are some suggestions that can help you manage an OSHA inspection effectively:

• Abatement Policies. Use the opening conference with the inspector to clarify OSHA's policy on immediate abatement and quick fixes of violations. Violations that are remedied during the inspection and verified by the inspector may be entitled to penalty reduction.

• Inspector Escort. Put procedures in place to ensure that at no time will an OSHA inspector be unaccompanied by an appropriate organization representative.

• Employee Representatives. Understand that employee representatives have the right to participate in all phases of the inspection. Refusal to allow their full participation will be construed as a refusal to permit the inspection.

• Confidentiality. Do not worry about trade secrets. Inspectors must preserve the confidentiality of all information identified as trade secrets.

• Samples and Photos. Do not be surprised if inspectors collect samples (e.g., air, water, soil) or take photographs and videos. They're authorized to do so. You take the same pictures and samples that they take or obtain. Also, take the same notes as they do.

• Employee Interviews. Do not interfere with employee interviews. OSHA places a high value on these interviews. Inspectors have the right to question any employee privately during regular work hours or at other reasonable times during the course of an inspection. The employee has the right at this time to register a complaint with the inspector, who must then investigate the alleged hazard.

• Employee Complaints. Do not ask the inspector which employee(s) complained and triggered an investigation. OSHA protects the identity of employees who provide information about safety violations.

• Abatement Guidance. Expect the inspector to offer appropriate assistance to guide you in abating workplace hazards. If the inspector isn't forthcoming, ask for guidance.

• Violations and Citations. Be prepared at the closing conference to review any violations with the inspector to make sure you are on the same page about exactly what citations are involved. Also be prepared to present economic reasons why paying a penalty is not economically feasible if you're cited for violations. The inspector must make a record of those reasons.

Acquiring a solid familiarity with what will occur when that inspector does arrive should help make the inspection process less of an ordeal and also ensure that nothing beyond the authority of the inspector occurs.

Please contact Health Compliance Team for further details - admin@healthcomplianceteam.com or via telephone (845) 460-3034.