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OSHA INSPECTIONS

OSHA INSPECTIONS. Presented By: Scott D. Cole, LEED GA, COSS, CSP. Objectives. When Can I Expect an OSHA Inspection? How Can I Prepare for an OSHA Inspection? How Should I Handle an OSHA Inspection? How Do I Close an OSHA Inspection? 2016 OSHA Citation Structure. Who is OSHA?.

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OSHA INSPECTIONS

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  1. OSHA INSPECTIONS Presented By: Scott D. Cole, LEED GA, COSS, CSP

  2. Objectives • When Can I Expect an OSHA Inspection? • How Can I Prepare for an OSHA Inspection? • How Should I Handle an OSHA Inspection? • How Do I Close an OSHA Inspection? • 2016 OSHA Citation Structure

  3. Who is OSHA? $592MM in 2016 7.3% Increase 37,785 Chemical Facilities

  4. Why Would OSHA Inspect? • Catastrophe • Employee complaint • Programmed inspections • http://www.osha.gov/as/opa/foia/hot_11.html • Invitation

  5. Preparing Your Organization • Written program • Drills • Know your rights!

  6. What Are My Employees’ Rights? • Representation at opening and closing conference • Representation during the inspection • Private interviews • Whistleblowers protection

  7. Managing the Inspection • Warm welcome or demand a warrant? • Identification • What is the purpose of the inspection? • Offer a beverage and a comfortable work space • Kill them with kindness

  8. The Opening Conference • Who should be involved? • Designate a scribe • Listen • Listen • Listen • Answer direct questions • Documentation – know what’s required

  9. The Physical Inspection • Assemble your best team • Plan a route of travel • Take photos • Fix it ASAP • Employee interviews

  10. Physical Conditions • Housekeeping • Guarding • Fall protection • Illumination • Sanitation • Signage • Safety equipment

  11. Documentation • OSHA logs • Exposure records • Written programs, SOPs, JHAs, etc. • Training records • Medical records • Discipline log

  12. Written Programs – Not All-Inclusive • Hazard Communications • Respiratory Protection • Hearing Conservation • Lockout / Tagout • Confined Space • Blood Borne Pathogens • PPE • Excavation Safety • Fire and Emergency Evacuation • Access to Employee Medical Records • Fall Protection • Electrical Safety • Ladder Safety • Scaffold Safety • Crane Safety

  13. The Closing Conference • Designate a scribe • Listen • Listen • Listen • Ask but don’t argue • Don’t make promises • Thank you

  14. The Citation • Review • Document corrective actions, if any and post • Request an informal conference • Formal letter • File a Notice of Intent to Contest • 15 business days • Step 1 – Administrative Law Judge • Step 2 – Full OSHRC • Step 3 – US Circuit Court of Appeals

  15. Penalties • Dependent upon how likely the violation is to result in serious harm to employees • Other-than-serious • $0 - $7,000 • Serious • $0 – 7,000 • Repeat and Willful • $0 - $70,000

  16. August 1, 2016 Penalties • Dependent upon how likely the violation is to result in serious harm to employees • Other-than-serious • $0 - $12,000 • Serious • $0 – 12,000 • Repeat and Willful • $0 - $125,000

  17. THANK YOU Questions? Scott D. Cole, LEED GA, COSS, CSP Steering Committee – Lake County Safety Council V. President – Northern Ohio Chapter of the American Society of Safety Engineers President – Cole Safety Services Business Unit Safety Director – Turner Construction Company 216.318.3878 sdcole@tcco.com

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