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OSHA Inspections

ACTIVITY. OSHA Inspections. Overview. OSHA Inspection. Responding to OSHA. OSHA Penalties. OSHA Inspections. Notice of Inspections. OSHA Inspections Notice of Inspections. Advance Notice: Special Circumstances.

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OSHA Inspections

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  1. ACTIVITY OSHAInspections

  2. Overview OSHA Inspection Responding to OSHA OSHA Penalties

  3. OSHA Inspections • Notice of Inspections

  4. OSHA InspectionsNotice of Inspections Advance Notice: Special Circumstances

  5. Imminent Danger or any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately. Catastrophes and Fatal Accidents resulting in the death of any employee or the hospitalization of three or more employees. Employee Complaints involving imminent danger or an employer violation that threatens death or serious physical harm. OSHA InspectionsOSHA Inspections Priorities

  6. Referrals from other individuals, agencies, organizations, or the media. Planned or Programmed Inspections in industries with a high number of hazards and associated injuries. Follow-ups to previous inspections. OSHA InspectionsOSHA Inspections Priorities, cont’d

  7. ACTIVITY OSHA InspectionsOSHA Can:

  8. OSHA Inspections • OSHA Can:

  9. OSHA InspectionsOSHA Inspections Process Typical OSHA on-site inspection includes four stages

  10. OSHA Inspections1. Presentation of Inspector Credentials

  11. Explains why selected for inspection. Obtains information about the establishment. Explains purpose of the visit, scope of the inspection, walk-around procedures, employee representation, employee interviews, and closing conference. Determines whether an OSHA funded consultation is in progress or whether facility has received an inspection exemption. OSHA Inspections2. Opening Conference In the opening conference, the compliance officer:

  12. After the opening conference, the compliance officer and accompanying representatives proceed through the establishment, inspecting work areas for potentially hazardous working conditions. The compliance officer will discuss possible corrective actions with the employer. OSHA may consult, at times privately, with employees during the inspection walk-around. OSHA Inspections3. Inspection Walk-Around

  13. An inspection walk-around may cover only part of an establishment – particularly if the inspection resulted from a specific complaint, fatality, or catastrophe, or, is part of a local or National Emphasis Program. Other inspections may cover the entire facility, “wall-to-wall.” OSHA Inspections3. Inspection Walk-Around, cont’d

  14. OSHA Inspections • 3. Inspection Walk-Around, cont'd Confidentiality

  15. OSHA Inspections • 3. Inspection Walk-Around, cont'd Additional Inspection

  16. OSHA Penalties • OSHA Citations Citations inform the employer/employees of: Regulations and standards the employer allegedly violated. Any hazardous working conditions covered by the OSH Act’s general duty clause.

  17. OSHA Penalties • OSHA Citations Citations inform the employer/employees of, cont'd: The proposed length of time set for abatement of hazards. Any proposed penalties.

  18. OSHA Penalties • OSHA Citations Process The letter, instructions and citations must be date and time stamped upon receipt. This is the date the clock starts. After the inspection, citations with penalties will be issued if violations were observed.

  19. OSHA Penalties • OSHA Citations Process • Within 15 working days for OSHA citations the “allegations will be a final order.” An informal conference must be within 15 working days of receiving the citation.

  20. OSHA Penalties • OSHA Citations Process

  21. OSHA PenaltiesTypes of Violations

  22. A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. OSHA may propose a mandatory penalty of up to $12,471 for each serious violation. OSHA PenaltiesSerious Violations

  23. A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm, OSHA may propose a penalty of up to $7,000 for each other-than-serious violation. OSHA PenaltiesOther-Than-Serious Violations

  24. A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. The employer either knows that what he or she is doing constitutes a violation, or is aware that a hazardous condition existed and made no reasonable effort to eliminate it. OSHA may propose penalties of up to $124,709 for each willful violation, with a minimum penalty of $5,000 for each willful violation. OSHA PenaltiesWillful Violations

  25. A violation of any standard, regulation, rule, or order where OSHA finds a substantially similar violation during a re-inspection. OSHA may propose penalties of up to $124,709 for each repeated violation. To be the basis of a repeat citation, the original citation must be final. OSHA PenaltiesRepeat Violations

  26. OSHA PenaltiesFailure to Abate Violations OSHA may propose an additional penalty of up to$12,471 for each dayan employer fails to correct a previously cited violation beyond the prescribed abatement date.

  27. Violating posting requirements can bring a civil penalty of up to $7,000. (OSHA does not fine for failing to post the “It’s The Law” poster (OSHA 3165). Falsifying records, reports, or applications, upon conviction in a court, can bring a criminal fine of $10,000 or up to six months in jail or both. OSHA PenaltiesOther Potential Penalties

  28. Assaulting a compliance officer or otherwise resisting, opposing, intimidating or interfering with a compliance officer in the performance of his or her duties is a criminal offense. Anyone convicted of such an action is subject to a criminal fine of not more than $5,000 and imprisonment for not more than three years. OSHA PenaltiesOther Potential Penalties, cont’d

  29. An employer who is convicted in a criminal proceeding of a willful violation of a standard that has resulted in the death of an employee may be fined up to $250,000 (or $500,000 if the employer is a corporation) or imprisoned up to six months or both. A second conviction doubles the possible term of imprisonment. OSHA PenaltiesCriminal Penalties

  30. ACTIVITY OSHA PenaltiesAdjustment to Proposed Penalties

  31. OSHA Responses • OSHA Citations: Possible Responses 3. Contesting 2. Affirmative Defense 1. Informal Conference

  32. OSHA Responses1. Informal Conference

  33. OSHA Responses1. Informal ConferenceRecommendation

  34. OSHA Responses1. Informal ConferenceProcedure Purpose of the informal conference Rights of participants

  35. OSHA Responses • 1. Informal Conference Procedure Contest rights and time constraints Potential for settlements of citations Limitations, if any

  36. Other relevant information (e.g., if no employee or employee representative has responded, whether the employer has posted the notification form regarding the informal conference, etc.) If either party requests a copy of the Informal Conference Summary (ICS), it shall be mailed to them as soon as possible. OSHA Responses • 1. Informal Conference Procedure

  37. OSHA Responses2. Affirmative DefenseProcedure

  38. OSHA Responses2. Affirmative DefenseUnpreventable Employee or Supervisory Misconduct or “Isolated Event”

  39. Compliance with the requirements of a standard is impossible or would prevent performance of required work and the employer took reasonable alternative steps to protect employees or there are no alternative means of employee protection available. OSHA Responses2. Affirmative DefenseImpossibility/Infeasibility of Compliance

  40. Compliance with a standard would result in a greater hazard(s) to employees than would noncompliance and the employer took reasonable alternative protective measures, or there are no alternative means of employee protection. Additionally, an application for a variance would be inappropriate; i.e., the reasonable alternative protective measures would not provide equal or greater protection. OSHA Responses2. Affirmative DefenseGreater Hazard

  41. OSHA Responses3. ContestingConsiderations

  42. OSHA Responses3. ContestingConsiderations, cont’d Contest Letter

  43. OSHA Responses3. ContestingContest Letter

  44. If the employer only requests a later abatement date and there are valid grounds to consider the request, the Area Office Director should be contacted. If the employer contests only the penalty or some of the citation items, all uncontested items must still be abated by the dates indicated on the citation and the corresponding penalties paid within 20 days of notification. OSHA Responses3. ContestingContest Letter - Contents

  45. ACTIVITY Questions? ? ? ? ? ? ?

  46. PSHA Disclaimer • This material was produced under grant SH29640SH6 from the Occupational Safety and Health Administration, U.S. Department of Labor. It does not necessarily reflect the views or policies of the U.S. Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

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