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Inspections 101

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.

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Inspections 101

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  1. Inspections 101

  2. 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

  3. 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.

  4. 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

  5. The Act • Judicial Review • ALJ • Occupational Safety and Health Review Commission • Federal Courts • Final Order

  6. The Act • Applies to businesses affecting interstate commerce • Covers employers with one employee. • Outlined procedures for setting standards • publication in the Federal Register

  7. 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.

  8. Elements of a citation • Exposed employee • Serious hazard • Employer knowledge • Feasible method to abate hazard

  9. 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.

  10. 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.

  11. 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

  12. 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.

  13. Types of OSHA Inspections • Imminent Danger. • Fatality / Catastrophe • Complaint / Referral. • National or Local Emphasis Program. • Monitoring. • Follow-up. • General Schedule

  14. 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.

  15. 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.

  16. Complaint inspection process • No longer based on signing the complaint. • Phone and Fax. • Facility should have complainant process.

  17. Referrals • From other inspectors. • Discrimination investigators. • Media. • Other enforcement agencies. • EPA • Fire and Police Departments • Health Department.

  18. National or Local Emphasis • Fall protection • Silica • Lead • Fork Trucks • Amputations

  19. Follow-up • Company had previously received citations. • Providing proof of corrective action reduces likelihood of return.

  20. Workplace Inspections • Every establishment covered by the OSH Act is subject to inspection • Conducted without advance notice • Identify hazards

  21. Inspection Process • Opening conference. • Credentials. • Purpose • Scope. • Warrants

  22. The Inspection • Investigation of Issues • Plain View • Interviews • Sampling • Videotape • Closing conference

  23. Citations • Serious • Repeat • Failure to abate • Other than serious • De-minimus • Unclassified

  24. Effective Safety & Health Programs • Management Commitment • Employee Involvement. • Worksite Analysis • Hazard Prevention and Controls. • Training and Understanding • Continuous Improvement

  25. 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.

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