How to Survive and OSHA Inspection (and live to tell about it !)

1. How to Survive and OSHA Inspection(and live to tell about it !)

2. OSHA Webpage www.osha.gov

3. OSHA InspectionsA Survival Guide

4. Bottom Line…Be Prepared! • Proactive hazard identification and abatement

5. 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?

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

7. Inspection Priorities • Imminent Danger • Fatality or • Catastrophe • 3 or more hospitalized • in-patient • Complaint or Referral • Programmed Inspections

8. Programmed Inspections

9. Site Specific Targeting (SST) • General Industry • OSHA Data Initiative • Collect OSHA 300 logs • 80,000 employers • 40 or more employees • LWDCR • High = 8.0 or higher • Letter • Inspect list = 14.0 or higher • Supplemental inspection list • 8.0 or higher www.osha-slc.gov/OshDoc/Directive_data/CPL_2-2001_01.html

10. Mechanical Power Press - Amputations • General Industry • National Emphasis Program • Mechanical Power Presses • Amputations • 4 S’s and a P • Saws, Shears • Slicers, Slitters • Power Presses (All) • SIC’s with highest number of violations www.osha-slc.gov/OshDoc/Directive_data/CPL_2-1_24.html

11. Lead • National Emphasis Program • Potential exposure to lead • General Industry • Complaints & referrals • List of sites • Construction • Complaints & referrals • List of sites www.osha-slc.gov/OshDoc/Directive_data/CPL_2-0_130.html

12. Silicosis – Silica Exposure • Special Emphasis Program • General Industry • SIC’s with history of overexposure to Si • Construction • SIC’s with known Si hazard operations • Observation • Abrasive blasting • Dry-cutting concrete www.osha-slc.gov/Silica/SpecialEmphasis.html

13. What are the Primary Areas of Concern in General Industry?

14. Leading Hazards inGeneral Industry • Most frequently cited • Manufacturing • Haz Comm • Lockout/tagout • Machine guarding • Respiratory Protection • Electrical wiring • Mechanical power press • Mechanical power transmission equipment • Electrical Systems • Noise exposure • PPE • Fall Protection www.osha.gov/oshstats/std1.html

15. OSHA Most Frequently Cited Serious Violations General Industry - FY-2009

16. Most Frequently Cited Serious Violations in General Industry FY 2009

17. OSHA’s Penalty Structure Continued Average fines by OSHA are approximately $1,400 per citation. Of the 43,400 citations issued in 2009 that accounts for: $60.8 million What could you do with that money to improve your business?

18. OSHA’s Penalty Structure Continued The single largest fine issued by OSHA to a company took place in October, 2009, against BP Products North America. The fine was issued after a refinery explosion killed 15 people and injured 170: $87.4 million

19. OSHA’s Penalty Structure • Other-than-serious • Serious (up to $7,000) • Willful (up to $70,000) • Repeate (up to $70,000) • Failure to abate (up to $7,000 per day)

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

21. 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

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

23. The Inspection Process • Opening Conference • Walk Around • Photographs and/or Videotape • Sampling • Interviews • Closing Conference • Informal Conference • Contest

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

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

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

27. Consequences of Prevarication • Construction…your activity may have been under surveillance for hours/days/weeks • General Industry…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”

28. Walkaround Tip • Take someone with you that can correct any deficiencies noted

29. 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

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

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

32. The Closing Conference • Take notes • Violations and corrective actions • Penalties • OSHCon • Contest rights • Informal Conference

33. 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

34. 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

35. SurvivalSummary

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

37. If you’re reading this…Thank you for your attentionand please nudge the person next to you if they’re asleep…the next speaker is pretty good!