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Inspections 101
The OSHA Mission… To assure safe and healthful working
conditions for working men and women, by authorizing enforcement of the standards developed under the Act
The Occupational Safety and Health Act of 1970
Established OSHA and effective enforcement program.
Authorized the setting of standards applicable to businesses affecting interstate commerce.
Provide for training to increase competence in the field of occupational safety and health.
Established reporting procedures.
The Act Outlined procedures for setting standards
publication in the Federal Register
Inspections
to enter without unreasonable delay at reasonable times citations - describe with particularity the violation Penalties Confidentiality of trade secrets
The Act Judicial Review ALJ Occupational Safety and Health Review Commission Federal Courts Final Order
The Act Applies to businesses affecting interstate
commerce Covers employers with one employee.
Outlined procedures for setting
standards publication in the Federal Register
The general duty clause. Section 5(a)(1)
Each employer shall furnish a place of employment free of recognizable hazards that are likely to cause serious physical harm.
Elements of a citation
Exposed employee Serious hazard
Employer knowledge
Feasible method to abate hazard
Section 5(a)(1) Violation Failure to follow manufactures instructions.
Seatbelt use on fork trucks.
Failure to follow consensus standards.
ANSI, NFPA, NEC, ASME, API, ETC.
NIOSH recommendations.
Ergonomic hazards.
Section 5(b)
Each employer shall comply with the safety and health standards. Each employee shall comply with
the safety and health standards applicable to their activity.
Section 11(c) No person may be discriminated against for exercising
their rights...
Alleging complaint with employer, union, or Agency.
Participating in safety and health activities.
Whistleblower Investigations
Employee responsibilities… Comply with all applicable OSHA standards. Follow lawful safety and health rules. Wear prescribed protective equipment. Report hazardous conditions to the supervisor. Report any job-related injury or illness to the employer,
and seek treatment. Cooperate with OSHA by answering honestly. Exercise rights in a responsible manner.
Types of OSHA Inspections Imminent Danger. Fatality / Catastrophe Complaint / Referral. National or Local Emphasis
Program. Monitoring. Follow-up. General Schedule
Imminent Danger
U.S. District Courts shall have jurisdiction to restrain conditions or practices which could reasonably be expected to cause death or serious physical harm before the danger could be eliminated through enforcement procedures.
Fatality / Catastrophe A company must call OSHA within 8 hours after the
death of an employee or the in-patient hospitalization of three or more employees from a work related incident.
All fatality investigations are considered for possible criminal prosecution.
Complaint inspection process
No longer based on signing the complaint. Phone and Fax.
Facility should have
complainant process.
Referrals From other inspectors.
Discrimination investigators.
Media.
Other enforcement agencies.
EPA Fire and Police Departments Health Department.
National or Local Emphasis
Fall protection Silica Lead Fork Trucks Amputations
Follow-up Company had previously
received citations.
Providing proof of corrective action reduces likelihood of return.
Workplace Inspections Every establishment covered by the
OSH Act is subject to inspection
Conducted without advance notice
Identify hazards
Inspection Process
Opening conference. Credentials. Purpose Scope. Warrants
The Inspection Investigation of Issues Plain View Interviews Sampling Videotape
Closing conference
Citations Serious
Repeat
Failure to abate
Other than serious
De-minimus
Unclassified
Effective Safety & Health Programs
Management Commitment Employee Involvement. Worksite Analysis Hazard Prevention and Controls. Training and Understanding Continuous Improvement
Summary OSHA standards have helped save lives and prevent
injuries
You need to take action to eliminate the health and safety hazards in your workplace.
Inspections have been OSHA’s way to save lives.
OSHA now offers various means of assistance.