How to “ Survive ” OSHA Inspections

1. How to “Survive” OSHAInspections PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177

2. OSHA OFFICES IN FLORIDA

3. TAMPA AREA OFICECURRENT • SAFETY SPECIALISTS 19 • INDUSTRIAL HYGIENISTS 7 • COMPLIANCE ASSISTANCE SPECIALIST 1 • WB INVESTIGATORS 3 • ADMINISTRATIVE SUPPORT 4 • ASSISTANT AREA DIRECTOR 3 • AREA DIRECTOR 1 • TOTAL 38

4. Surviving OSHA Inspections Hello: I'm from OSHA and I'm here to help?

5. OK, you can come in.

6. WHY DO EMPLOYERS FEAR OSHA INSPECTIONS? • Uncertainty • Time • Citations and Penalties • Damage to Company Reputation • Loss of Future Business • Legal Fees • OSHA rumors and Fear (OSHA WILL SHUT YOU DOWN?)

7. As a result of this presentation YOU will: • Receive the Truth about OSHA Inspections. • Be able to converse with the CSHO in his language … on your terms. • Be able to Conduct OSHA type inspections in Your facility. • Receive more information about OSHA’s inspection process in one day than most safety professionals receive in a year!

8. THE INSPECTION PROCESS • THE OPENING CONFERENCE. • THE INSPECTION TOUR. • The anatomy of an OSHA violation. • i. Hazard; ii. Standard; iii Exposure and iv. Knowledge. • THE CLOSING CONFERENCE. • THE INFORMAL CONFERENCE.

9. CSHO Preparation The Compliance officer will: Review Company History. Determine the scope of the Inspection: a. Comprehensive Insp. = A Complete “wall to wall” i.e. General Schedule, SST and Dodge Reports. b. Partial Insp. = Limited to Hazardous Areas, Operations, Conditions or Practices at the establishment i.e. NATIONAL – REGINAL AND LOCAL EMPHISES PROGRAMS. NEP, REP AND LEP’s, Complaint and Referral Inspections.

10. The Opening Conference • The CSHO will: Always Present Credentials!!!!!!!! • Inform employer of the purpose of the inspection. • Conduct Opening Conference with Employer and Employee Representative. • CSHO will outline general terms the scope of inspection to include the need for privet employee interviews, ER rights during the inspection, the walkaround and the closing conference.

11. The Opening Conference cont. • The CSHO will: • Inform employer of the use of video/Audio recorder may be used. • Explain the advantages of immediate abatement i.e. no abatement certification requirements for violations quickly corrected during the inspection. • CSHO’s will review OSHA programs and records such as HazCom, LOTO, PPE and other programs as necessary. • Use of jpurpose of the inspection. • Conduct Opening Conference with Employer and Employee Representative. • CSHO will outline general terms the scope of inspection to include the need for privet employee interviews, rights during the inspection, the tour and the closing conference.

12. The Walkaround Inspection. • Purpose: to identify potential safety and/or health hazards in the workplace. • CSHO may be accompanied by the employer, employee representative. • Safety and health violations will be brought to the attention of the employer and employee representative at the time they are documented.

13. The Walkaround Inspection • CSHO will Record: • The Identity of the exposed employee(s) • The hazard the employee is exposed to • The proximity to the hazard • The employer’s knowledge of the condition, how long the condition existed and the manner measurements were taken

14. The Walkaround Inspection • Sampling: the CSHO will: • Determine whether sampling such as but not limited to, air sampling and or surface sampling is required. • Photographs and/or videotapes shell be taken whenever CSHO’s determine there is a need. • Confidential or trade secret information will be identified as such and kept separate from other evidence.

15. The Walkaround Inspection • If the CSHO observes violations of laws enforced by other government agencies, such cases will be referred t the appropriate agency.

16. The Closing Conference • At the end of the inspection the CSHO will conduct a Closing Conference with Employer and Labor representatives. • The Closing Conference may be held on-site or by telephone as deemed appropriate. • CSHO shell discuss apparent violations and other pertinent issues found during the inspection.

17. The Closing Conference • CSHO will give employers the publication, “Employer Rights and Responsibilities Following an OSHA inspection. • CSHO will advise attendees that a request for an informal conference with the Area Director is encouraged. • Resolve disputed citations and penalties without need for litigation. • Discuss ways to correct violations; • Discuss proposed abatement dates; • Discuss available OSHA programs. • 15 day contest period.

18. What Do We Have Here…Prove It!

19. What the Supervisor Expects The anatomy of violation • Hazard; There must be a hazardous condition. • Standard; Does a standard apply? • Exposure: Employee exposure and; • Employer Knowledge.

20. THE INSPECTION PROCESS • THE OPENING CONFERENCE. • THE INSPECTION TOUR. • The anatomy of an OSHA violation. • i. Hazard; ii. Standard; iii Exposure and iv. Knowledge. • THE CLOSING CONFERENCE. • THE INFORMAL CONFERENCE.

21. The Question?

22. The End PRESENTED BY: Keven L. Yarbrough Assistant Area Director Tampa Area Office 813-626-1177