how to handle and osha inspection - contract … · focused inspections - an inspection that limits...
TRANSCRIPT
How to Handle and OSHA Inspection
By
1. Why is OSHA here?
2. What made them come to my facility?
3. What do they want?
4. How does the inspection process work?
5. What should I do?
6. What’s this going to cost me?
All great questions that we should have most of the answers to before we show up on the radar.
Imminent Danger - An “imminent danger” is considered to be the most serious situation, and OSHA will assign top priority to these inspections.
Fatality/Catastrophe Investigations - Any accident that results in the injury of three or more employees or the death of one or more employees must be reported to OSHA within 8 hours.
Date of Incident
Company and Location Preliminary Description of Incident
6/13/2012 Scruggs Equipment Company, Memphis, TN 38113
Worker performing maintenance on a front end garbage truck loader was crushed between the driver's side lifting arm and the debris body of the truck.
6/22/2012 Green Mountain Tree Service, Detroit, MI 48223
Worker was crushed by a branch that was cut from a large oak tree.
6/27/2012 Plaska Transmission Line Construction LLC, Eunice, NM 88231
One worker died, another injured after suffering electrical burns when the boom truck they were inside touched a power line.
7/1/2012 R.G. Lumber Corp., Jackman, MA 04945
A worker moving a logging machine died when the machine struck him.
7/2/2012 Oakland Timberjax LLC, Oakland, MD 21550
Worker cutting down trees after storm damage died after falling more than 50 feet to the ground.
7/2/2012 R.G. Lumber Corp., Jackman, MA 04945
A worker moving a logging machine died when the machine struck him.
7/2/2012 W.W. Landscaping Inc., Pinetops, NC 27864
Worker cutting down a nearly 100-foot-high pine tree was struck and killed by another falling tree.
7/3/2012 Escoe Industrial, Jefferson, GA 30549
Worker was electrocuted after falling onto a 4,100-volt switch gear.
7/3/2012 Laning's Dairy Supply, Rosendale, WI 54974
Worker installing a cattle spraying apparatus was struck by a cattle gate carriage, pinning worker between the carriage and a post.
7/5/2012 Mail Contractors of America, Urbandale, IA 50322
Worker was run over and killed when he tried to stop a moving tractor.
7/5/2012 Spancrete, Oshkosh, WI 54901
Worker was struck and killed by a crane boom.
Complaints and Referrals - OSHA can follow up on employee complaints in the following manner:
Signed Complaints - Immediate inspection
Unsigned Complaints - Usually a letter to the employer with alleged violations, but sometimes OSHA will show up without warning
Programmed Inspections (Dodge List) - The routine “surprise” inspections carried out by OSHA are considered important, but less pressing than targeted inspections on serious, repeated, or willful violators.
CPL 02-00-149
Severe Violator Enforcement Program (SVEP)
06/18/2010
Focused Inspections - An inspection that limits the scope to concentrate on the most serious job hazards. Reward for overall safe site and good documentation / enforcement records.
Fall Hazards
Struck By
Caught Between
Electrical Hazards
National Emphasis Programs
COMBUSTIBLE DUST
OSHA Instruction CPL 03-00-008 National Emphasis Program on Combustible Dust (Reissued) (Date: 03/11/2008)
FEDERAL AGENCIES
OSHA Notice 11-04 (FAP 01) Federal Agency Targeting Inspeciton Program (FEDTRG12) (Date:12/23/2011)
FLAVORING CHEMICALS/DIACETYL
OSHA Instruction CPL 03-00-011 Facilities that Manufacture Food Flavorings Containing Diacetyl (Date: 10/30/2009)
HAZARDOUS MACHINERY
OSHA Instruction CPL 03-00-003 National Emphasis Program on Amputations (Date: 10/27/2006)
HEXAVLENT CHROMIUM
OSHA Instruction CPL 02-02-076 National Emphasis Program - Hexavalent Chromium (Date: 02/23/2010)
LEAD
OSHA Instruction CPL 03-00-009 National Emphasis Program on Lead (Date: 08/14/2008)
NURSING AND RESIDENTIAL CARE FACILITIES
OSHA Instruction CPL 03-00-016 National Emphasis Program on Nursing and Residential Care Facilities (Date: 04/05/2012)
PRIMARY METALS INDUSTRIES
OSHA Instruction CPL 03-00-013 Primary Metal Industries (Date: 05/19/2011)
PROCESS SAFETY MANAGEMENT
CPL 03-00-014 PSM Covered Chemical Facilities National Emphasis Program (Date:11/29/2011)
RECORDKEEPING
OSHA Notice 10-07 (CPL 02) Injury and Illness Recordkeeping National Emphasis Program (RK NEP) (Date: 09/28/2010) SHIPBREAKING
OSHA Instruction CPL 03-00-012 National Emphasis Program on Shipbreaking (Date: 11/04/2010) SILICA
OSHA Instruction CPL 03-00-007 National Emphasis Program on Crystalline Silica (Date: 01/24/2008) [PDF] TRENCHING & EXCAVATION
OSHA Instruction CPL 02-00-069 [CPL 2.69] Special Emphasis Program on Trenching and Excavation (Date: 9/19/1985)
REGION V: (IL,** IN,** MI,** MN,** OH, WI)
Directive Title
CPL 04-00 (LEP 001) Building Renovation/Rehabilitation
CPL 04-00 (LEP 002) Powered Industrial Vehicles
CPL 04-00 (LEP 007) Fall Hazards in Construction
CPL 04-00 (LEP 009) Dairy Farm Operations
CPL 04-00 (LEP 017) Grain Handling Facilities
CPL 04-00 (LEP 11) High Rise Building Construction Inspections in Chicago, Illinois
CPL 04-00 (LEP 11-04) Primary Metal Industry
REGION VII: (IA,** KS, MO, NE)
Directive Title
CPL 2-06-11C Auto Body Shops [PDF*]
CPL 2-06-15E Residential Construction in Jefferson County, MO [PDF*]
CPL 2-07-01C Logging and Sawmill Industries [PDF*]
CPL 2-07-02E Residential Construction in St. Charles County, MO [PDF*]
CPL 2-07-03A Demolition Activities That Occur During the Destruction, Restoration, and Renovation of Buildings and Structures [Word*]
CPL 2-07-04E Powered Industrial Trucks in Construction and in General Industry [PDF*]
CPL 2-07-06E Powered Industrial Trucks and Other Material or Personnel Handling Motorized Equipment in Construction and General Industry [PDF*]
CPL 2-07-11E Powered Industrial Trucks in Construction and General Industry [PDF*]
CPL 2-07-13E Oil and Gas Operations [PDF*]
CPL 2-07-14A Amputations [Word*]
CPL 2-07-14A Amputations (Amendment) [Word*]
CPL 2-07-21D Grain Handling Industry [PDF*]
CPL 2-08-02B Electrical Hazards in General Industry Establishments [Word*]
CPL 2-08-05C Commercial and Residential Construction [PDF*]
CPL 2-08-07C Grain Handling Industry [PDF*]
CPL 2-09-01C Covering Maritime Employers [PDF*]
CPL 02-11-01A Work Places With Noise and Respiratory Hazards [PDF*]
CPL 02-11-02A Recycling and Scrap Hazards in General Industry Establishments [PDF*]
CPL 02-11-03A Grain Handling Facilities [PDF*]
CPL 02-11-04A Recycle and Scrap Material Hazards in General Industry Establishments (ARRA) [PDF*]
CPL 02-11-06A Workers Compensation [PDF*]
CPL 02-11-07 Crystalline Silica [Word*]
CPL 02-12-01 Commercial and Residential Construction - Omaha [PDF*]
CPL 2-12-02 High Hazard Work Places Safety Inspections - St. Louis [Word*]
CPL 2-12-09 High Hazard Work Places Safety Inspections - Omaha [Word*]
CPL 2-12-10 High Hazard Work Places Safety Inspections - Kansas City [Word*]
CPL 98-02M Region-wide Problem Solving Initiative on Falls, Scaffolds, and Electrocutions from Overhead Power Lines in Construction [Word*]
High Total Incident Rate (TIR)
High MOD Rate
Prior Inspection due to all or some of the of the above
That answers questions 1- 3
1. Why is OSHA here?
2. What made them come to my facility?
3. What do they want?
Now to Question 4 – 5
1. How does the inspection process work?
2. What should I do?
Verify Inspectors Credentials (does the person at the front desk know what to do?)
Purpose and Scope of Inspection
Copy of the Complaint(s) (if any)
Inspection Process
Management and Labor Representation
Request Copies of Applicable Standards
Inspection Process
Inspect 5 years of your OSHA 300 Log
Written Company Safety Programs that pertain to inspection
Injury Illness Prevention Program ◦ White Papers/Company Safety Commitment/Value Statement
Inspection Process
Always Supervised/Never Alone
Document - Written and Photos
Apparent Violations - Questions/Corrections
Inspection Process
Right to consult with employees
Inspectors must follow all safety rules
Correct problems as the inspection process happens
Inspection Process
Inspector lists all apparent violations
Ask Questions if Unclear
Be Polite Yet Firm on Your Opinions
Explain All Corrective Actions Taken
Inspection Process
Hazard Exists
Employee Exposure
Employer Knew or Should Have Known of the Hazard
Degree or Seriousness of the Hazard
Other than Serious
Serious
Willful
Egregious
Repeated
Failure to Abate
Serious Violation
◦ Substantial probability that death/ serious injury could result from condition or practice in the place of employment.
Other than Serious Violations
◦ Hazard likely to result in injury or illness which would not cause death or serious harm, but has direct relation to safety and health of workers.
Willful ◦ Evidence shows that the employer committed an
intentional & knowing violation of the Act.
Knowledge that a condition is hazardous and did not make a reasonable effort to eliminate it.
Knowledge that the condition violates a Standard.
Knowledge of the requirements of the Standard.
Violation must be deliberate, voluntary or intentional.
Issued when a citation has previously been issued for similar condition
Usually the same standard
Prior citation can have been anywhere in the prior three years- not just the same jobsite!
Question 6
What’s this going to cost me?
VIOLATION TYPE OLD NEW
Willful - Other than SeriousMaximum 10,000 70,000
Minimum None 5,000
Willful - SeriousMaximum 10,000 70,000
Minimum None 25,000
RepeatedMaximum 10,000 70,000
Serious/Other Than SeriousMaximum 1,000 7,000
Failure to AbateEach day beyond date 1,000 7,000
Company Size # Employees %
1 - 25 60
26 - 100 40
101 - 250 20
251 or more None
History No serious/willful/repeat in past 3 years 10
Effective written Safety program = 25%
(includes Mgt commitment, hazard analysis, employee training)
Written Safety Program with minor shortcomings = 15%
Average fine per citations $2,500.00
Average fine per citation in follow standard: ◦ Forklifts $4,000.00/violation
◦ Machine Guarding $7,000.00/violation
◦ LOTO $11,000.00/violation
◦ PRCS $11,000.00/violation
1418
1155
733
689
645
589
572
564
556
522
212(a)(1) - O
1200(e)(1) - Z
212(a)(3)(ii) - O
23(c)(1) - D
1200(h)(1) - Z
151(c) - K
147(c)(1) - J
215(b)(9) - O
147(c)(4)(i) - J
305(b)(1) - S
Sta
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ard
& S
ub
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rt:
19
10
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S M T W TH F S
2012
After the visit.
After the citation.
After the fine(s).
Informal hearing with OSHA.
Don’t assume the visit went great.
Put a team together to address issues.
Have a meeting with all employees. ◦ Stop the rumor mill
Prepare for the next phase
Review the citation.
Call OSHA with questions.
Determine if there is a violation.
Do you want to contest the citation. (15 days)
Do you want to get the citation eliminated?
Determine the severity of the fine(s). Do you want to contest the amount of the fine.
Can they be reduced? Can they be eliminated?
Determine flight or fight.
Prepare your statement.
State your case.
Bring documentation.
Bring representation (lawyer/consultant)
Go Luck!