Disclaimer

1. Disclaimer This information is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www.osha.gov.

2. OSHA Inspections American Mushroom Institute General Meeting April 18, 2019 Hartefeld National, Avondale, PA

3. How are OSHA Inspections Conducted? The OSH Act authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times. OSHA conducts inspections without advance notice, except in rare circumstances (e.g. Imminent Danger) In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term.

4. Inspection Types Programed Inspections- Publically Announced- Generated Lists, and Emphasis Programs-NEPs, REPs, LEPs Un-Programed- • Imminent Danger • Catastrophes and fatal accidents • Complaints and referrals

5. OSHA Inspection Priority

6. OSHA Site Specific Targeting • Uses employer-submitted Calendar Year 2016 Form 300A data. • SST is OSHA’s specific targeting inspection plan for non-construction workplaces that have 20 or more employees • Prior to 2014, SST programs used injury and illness information collected under the former OSHA Data Initiative. • Helps OSHA achieve its goal of ensuring that employers provide safe and healthful workplaces by directing enforcement resources to those workplaces with the highest rates of injuries and illnesses.

7. OSHA Site Specific Targeting • Description of the Site-Specific Targeting 2016 (SST-16) • Selects establishments with elevated DART rates • Rates for manufacturing and non-manufacturing are set as selection criteria to achieve a 50/50 representation on the list • Selects a random sample of establishments that did not provide the required 2016 Form 300A data • OSHA will include a random sample of low-rate establishments for quality control purposes • Effective Date: October 16, 2018

8. OSHA Site Specific Targeting • Procedures- Worksite Clarification- • Industries without Permanent Workplaces- Visiting the central office OSHA will determine active worksites • Office-Only Sites- The SST is not intended to include establishments that are only office environments • OSHA will determine to what site or sites the data applies, then inspect that site or one of the sites

9. OSHA Site Specific Targeting • Deferrals- • SHARP Establishments may be granted a deferral from OSHA programmed inspections • On-Site Consultation visit “in progress” at an establishment will take priority over OSHA programmed inspections • Voluntary Protection Programs (VPP) Applicants- When a VPP on-site review has been scheduled, the Area Director will remove the applicant from any programmed inspection list

10. HowInspections are Initiated • Inspector’s credentials • Opening conference- • Consultation? Employer Rep? Employee Rep? • How we got there- • Purpose • Scope

11. How Inspections are Conducted • Walkthrough • Accompanied by ER and EE Reps • Interacts with EEs (11 c) • Photos Videotapes • 300s, Poster, Programs, Manuals, Procedures, Interviews, Plans, Samples… • Corrected During Inspection

12. Finishing on site • Closing conference- • Attended by ER and EE Reps • Employer Rights and Responsibilities Following an OSHA Inspection (OSHA 3000) • Conditions observed and indicates all apparent violations for which he or she may issue or recommend a citation and a proposed penalty

13. Post Inspection • Citations- • Inform the employer and employees of the regulations and standards alleged to have been violated and of the proposed length of time set to correct alleged hazards. • The employer will receive citations and notices of proposed penalties by certified mail. • The employer must post a copy of each citation at or near the place a violation occurred for 3 days or until the violation is abated, whichever is longer.

14. Post Inspection • Choices- • Accept the Citation, Post, and Respond with Penalty and Abatement Verification or Documentation • Request an Informal Conference • Written Notice of Contest

15. Criminal Cases The OSH Act provides criminal sanctions for three types of conduct: ( I) willfully violating a specific standard, and thus causing the death of an employee; (2) giving advance notice of OSHA inspection activity; and (3) falsification of documents filed or required to be maintained under the OSH Act.

17. Penalty Adjustment

18. Size Adjustment

19. Most Frequently Cited OSHA Standards NAICS Code: 111411 Mushroom Production October 2017 through September 2018

20. Thank You!