Austin Area Office

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

9. 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.

11. 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

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

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

14. 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.

15. 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.

16. 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

17. 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

18. 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

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

20. 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

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

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

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

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

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

26. 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”

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

28. 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

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

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

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

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

33. 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

34. 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

35. 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

36. SurvivalSummary

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

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

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