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Austin Area Office

Presentation Sourcing:. Austin Area Office. OK… You’re Prepared but… You’re Still Nervous. What triggers an OSHA inspection? What are the primary areas of concern? How can you participate in an inspection… and survive ?. What triggers an OSHA inspection?. or.

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Austin Area Office

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  1. Presentation Sourcing: Austin Area Office

  2. OK… You’re Prepared but… You’re Still Nervous • What triggers an OSHA inspection? • What are the primary areas of concern? • How can you participate in an inspection…and survive?

  3. What triggers an OSHA inspection? or Why are you inspecting me and not the guydown the street?

  4. Inspection Priorities • Imminent Danger • Fatality or • Catastrophe • 3 or more hospitalized as • in-patients • Complaint or Referral • Programmed Inspections

  5. What are the Primary Areas of Concern?

  6. Leading Hazards inSeptic Tank Construction • Most frequently cited • Excavations • Head Protection • Hazard Communication • Worker Training • Written Safety Program • Regular worksite inspections • First Aid Supplies • Ladders www.osha.gov/oshstats/std1.html

  7. Excavations – Laws Frequently Cited • OSHA’s law applies if the excavation is deeper than 5 ft • No cave-in protection • No means of egress provided if deeper than 4 ft • Spoil pile was within 2 ft of edge of excavation • No daily inspections by a competent person

  8. Excavations – Laws Frequently Cited • Where hazardous conditions were found in the excavation, workers were not removed from the trench. • Workers exposed to the hazard of vehicular traffic did not wear reflective vests. • Sidewalks, pavements subject to being undermined were not supported to prevent collapse.

  9. Other Laws Violated • No head protection was required (hard hats) • No written hazard communication program, MSDS’s, worker training • No written safety program • No regular work site inspections • No worker training on job site hazards

  10. Head Protection • Head protection is required if there are overhead hazards that could strike the worker or falling objects

  11. Hazard Communication • Written Program • Material Safety Data Sheets • Worker Training • Labeling of Containers

  12. Written Safety Program • In construction, each employer is required to have a written safety and health program that covers the anticipated hazards workers will encounter to reduce accidents.

  13. Regular Worksite Inspections • Regular worksite inspections are required of job site, materials, and equipment by competent persons. • A competent person is one who has the knowledge of the worksite hazards and the authority to correct hazards.

  14. Worker Training • Workers must be instructed in the recognition and avoidance of unsafe conditions and to the regulations applicable to his work. • Specific additional training required for trenching, ladders, chemicals, harmful plants/animals, flammables, & confined spaces

  15. Other Laws Violated • No personal protective equipment was provided or used • No first aid supplies were readily available • Ladders were not used as designed and intended

  16. Fatal Accidents in the Septic Tank Industry • The vast majority of fatal accidents in this industry are due to trench cave in • Being struck by heavy equipment has also caused worker fatalities

  17. How can you participate in an OSHA inspection… and survive?

  18. Wordsto theWise • Despite rumors to the contrary…the compliance officer is human too • The compliance officer will be professional… you should be too • The compliance officer is permitted to use quite a bit of professional discretion • You catch more flies with honey

  19. Greeting the Compliance Officer • You usually set the tone for the inspection

  20. The Inspection Process • Opening Conference • Walk Around • Closing Conference • Violations • Informal Conference • Contest

  21. Opening Conference • Present Credentials • Explain • Purpose • Scope

  22. Permitting the Inspection • To refuse or not to refuse---that is the question?

  23. Don’t prevaricate! • The compliance officer will notice the slight elongation of your nose

  24. Consequences of Prevarication • Will everyone else’s story match yours? • Once you lose your credibility…the compliance officer is not going lend much credence to anything else you say • You just lost the “benefit of the doubt”

  25. Walk Around Tip • Take someone with you that can correct any deficiencies noted

  26. Photographs and/or Videotape • The compliance officer will document what he/she sees • Warn the compliance officer if it is a Trade Secret • Not everything is a Trade Secret • You may also photograph or videotape

  27. Interviews • Employees • Private • Without management present • Employee may request union rep • Management • Compliance officer decides who participates

  28. Sampling • Employee exposures • Dosimeters • Pumps • Badges • Other devices

  29. The Closing Conference • Take notes • Violations and corrective actions • Penalties • OSHCon 1-800-687-7080 • Contest rights • Informal Conference

  30. Violations • Serious • Other than Serious • Willful • Repeated • Criminal

  31. Who Gets the Citations? Multi-Employer Policy • Creating • Employer who caused the hazard • Exposing • Employer whose employees were exposed to the hazard • Correcting • Employer who was responsible for correcting the hazard • Controlling • Employer with general supervisory authority over the worksite with the power to correct violations directly or indirectly http://www.osha-slc.gov/OshDoc/Directive_data/CPL_2-0_124.html

  32. Informal Conference • AD or AAD • Your side of the story • Penalty reduction • Offer something in return • Not just abatement of the hazard…because you are already required to abate the hazard • Think improvements to safety & health program and additional training

  33. The Contest • Notice of contest must be in writing --15 working days after citation receipt • You can contest violations, penalties or time to correct. • Hearing before Review Commission Judge

  34. SurvivalSummary

  35. Be Prepared • Proactive hazard identification and abatement Be Professional • You set the tone for the inspection

  36. Compliance Assistance • Service of Every OSHA Office • Telephone Inquiries • Speeches • Outreach & Information

  37. Questions For More Information • OSHA – Austin OSHA (512) 916-5783 • Internetwww.osha.gov • Reporting Incidents (800) 321-OSHA

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