OSHA Inspection Guidelines
OSHA Inspection Guidelines
1. Inspections will be conducted by OSHA Compliance Safety and Health Officers (CSHO) without advance notice except in unusual circumstances.
2. When the OSHA Compliance Officer arrives, one or both of the following persons are to be contacted:
Safety Director
Project Manager
If an OSHA Inspector comes onto the job site, direct them to the job site trailer. DO NOT ALLOW ACCESS TO THE JOB SITE UNTIL THE MAIN OFFICE HAS GIVEN APPROVAL.
3. Upon arrival of the OSHA Inspector (CSHO):
a. Check the credentials of the CSHO and any other person (consultant) that may accompany the CSHO.
b. Determine reason for inspection.
c. Find out what and where he/she will inspect.
d. Inform home office Safety Director that OSHA inspection is being conducted. If not already decided, ask who on the job should accompany inspecting officer in our area of work.
On multi-employer sites, the CSHO will ask the general contractor’s representative to identify the other contractors on site together with the names of the individuals in charge of their operations. The CSHO will ask that these individuals be contacted and that they come to a meeting at a suitable location.
An OSHA Compliance Officer carries US Department of Labor credentials bearing his/her photograph and a serial number that can be verified by calling the nearest OSHA office. OSHA Compliance Officers may not collect a penalty at the time of inspection or promote the sale of a product or service at any time. Anyone who attempts to do so is not an OSHA Compliance Officer.
OPENING CONFERENCE
1. Compliance officers begin with a brief interview with the employer or his/her designated representative. Inspectors may interview anyone in private provided it does not interfere with the employee’s work. Also, any employee may bring any conditions, which he/she believes violates a standard to the attention of the inspecting officer. Note: employees do have the right not to be interviewed if they wish.
2. The CSHO will inform the employer(s) of the purpose of the inspection. The CSHO will determine if the employees are represented by a recognized bargaining agent, and if so, will ensure that they are given the opportunity to participate in all phases of the inspection.
3. If the inspection is based on an employee complaint(s), the CSHO will provide a copy of the complaint(s) to the employer and employee representatives at the beginning of the opening conference.
4. The CSHO will most likely ask for a copy of your written Safety and HAZCOM program, a list of chemicals you have on the job site and where the Material Safety Data Sheets (MSDSs) are located. Make sure you have these items available but only provide what the CSHO specifically asks for.
5. At the opening conference, if needed the CSHO will also provide copies of the OSHA poster and with blank OSHA-300 forms as well as other applicable laws and regulations and informational handouts and materials.
RECORDS REVIEW AND POSTING REQUIREMENTS
1. Have employee training records available and make sure they are up-to-ate. This pertains particularly to Tool Box Safety Talks that you have held with our employees. Only provide them if the CSHO asks for them.
2. Never give photocopies of any company records to the CSHO, unless you are required to do so by warrant and then only with the approval form the main office.
3. Think twice before you volunteer any information about audits, studies, safety rules, etc., which you think would reflect favorably on you company in the eyes of CSHO. Often this information can be turned against you.
NOTE: Always take any requested records to the CSHO. Don’t let him/her browse through your filing cabinet.
4. There are certain posters that must be posted. These include:
a. OSHA Job Safety and Health Poster
b. OSHA-300A form during the months of February 1 – April 30.
c. *Current citations, if any.
d. *Petitions for Modification of Abatement Date (PMAS).
e. Emergency telephone numbers.
f. Crane signals. If a crane is on site.
*These items would apply if the CSHO were conducting a follow-up inspection.
WALK-AROUND INSPECTION
1. The main purpose of the walk-around is for the CSHO to become familiar with workplace operations, identify and collect information on potential safety and/or health hazards and observe employees’ activities and interview them as appropriate.
2. You may consider having two management representatives accompany the CSHO – one to answer questions, the other to take notes. If so, make sure that only one person talks to the inspector. Don’t get into a situation where your representatives provide conflicting information. It is important that management speaks with one voice.
The most important thing is that the company representative know in detail the safety policies and programs. REMEMBER – IT IS THESE POLICIES THAT THE EMPLOYEES HAVE TO COMPLY WITH. These policies reflect how our employees have to conduct themselves on the job sites and the actions we can take against them if they don’t comply. The CSHO will look how well you implement what is written.
3. Make sure you know of any previous OSHA inspections at your facility and the status of follow-up activities and/or corrective actions taken.
Other suggested actions to consider during the walk around:
a. Be cooperative and courteous, but do not offer any information other than to answer questions from the CSHO. Always remember that what you say can be used against you. Many OSHA violations are based on what you, the employer, said during the inspection.
REMEMBER: STAY IN CONTROL – AFTER ALL, IT’S OUR BUSINESS BEING INSPECTED. If you re in doubt about anything, call time and seek advice.
b. Do not get into arguments with the CSHO as to what is required by an OSHA Standard. The CSHO may try to get you to agree that a certain way of doing things is a violation of OSHA Standards. If you go along you will most likely get cited.
c. Carry with you the same equipment that the CSHO has with him/her. This includes cameras, tape measures, video cameras, etc.
d. Whenever the CSHO takes a picture, take the same picture from the same angle. If the CSHO takes measurements, do likewise.
e. If the CSHO makes notes, ask what he/she has noted and make similar notation. If you are unable to determine exactly what the CSHO has written, at least make a note that the CSHO recorded something at a particular location.
f. Always stay with the CSHO, no matter where he/she is going.
g. Correct obvious deficiencies on the spot if possible. Make notation of what the deficiency was and what was done to correct it. If the CSHO instructs you to do something you don’t feel is proper, ask him/her to put it in writing. Remember, OSHA citations are always conveyed in writing.
CLOSING CONFERENCE
1. At the conclusion of the inspection, the CSHO will conduct a closing conference with the employer and employee representatives. The CSHO will describe the apparent violation(s) found during the inspection and indicate the applicable sections of OSHA Standards which may have been violated and what citations he/she plans to recommend. The Closing Conference doesn’t always happen on the same day.
2. During the closing conference, the CSHO will give the employer the publication “Employer Rights and Responsibilities Following and OSHA Inspection”. This publication explains the courses of action available to the employer if a citation is received.
3. The CSHO will discuss the strengths and weaknesses of the employer’s safety and health program. The CSHO will also discuss the apparent violations and ask for input in order to establish abatement times. If you give a time estimate, you basically admit to an OSHA violation. Don’t be afraid to tell the CSHO that you don’t agree with his/her assessment.
4. The CSHO will advise the employer that they have a right to contest the violations and that this must be done in writing within 15 working days after receipt of the citation. As for methods of abatement.
5. Discuss or have the CSHO explain why it is a hazard on site so during later meetings, it will not appear the questions was made up.
AFTER THE INSPECTION
Following completion of the inspection:
1. Notify the home office and or Safety Director that the inspection has been completed and the results. Send home office a copy of any proposed citation sheets that have been furnished by the CSHO together with the notes, pictures, etc. taken during the inspection.
2. Review the alleged violations noted by the CSHO. Confer with the company Safety Director, and other staff on how long it would take to correct the problems noted. This will give you a better idea of the time required in case OSHA specifies an unreasonable abatement period.
3. When the written copy of the citation is received, it must be posted at or near the place where alleged violation occurred. If his is not possible the citation must be posted in a prominent place where all employees can readily observe it. The citation must remain posted for three (3) working days or until the violation is corrected, whichever is longer.
4. Decide if the citations will be contested.
CONTESTING CITATIONS
1. The CSHO will write up the citation with the proposed penalties and will send them by verified mail. The citation will describe the alleged violation, the category of the violation (i.e. willful, serious, etc.), the amount of proposed penalty and the time for abatement.
2. Note that OSHA only issued citations that allege a violation and propose a penalty. You acknowledge the violation when you:
a. Pay the penalty without contest.
b. You finalize at an informal hearing. You agree to the citation or citation is vacated by OSHA.
c. The judge hears your contest in a formal hearing and affirms the alleged violation.
3. You contest a violation by filing a “Notice of Contest” within fifteen (15) working days after receipt of the citation(s). You do this by simply writing a letter to the OSHA – Area Director noted on the citation on your company letterhead.
4. The Notice of Contest is forwarded to the Occupational Safety and Health Review Commission, which is not part of the Department of Labor. In most cases there will be an effort made by the Department of Labor attorney to settle the case to avoid going to trial. The benefits from contesting the citation and the out-of-court settlement can result in the reduction of the proposed penalty, extended time for abatement, revising the seriousness of the citation (i.e. from willful to serious, etc.) and, possibly having some of the citations vacated.
5. It is always a good idea to contest a citation.
