Understanding the OSHA Inspection Process
Understanding the OSHA Inspection Process
The following is an overview of what to expect during an active OSHA Inspection or Mock OSHA Inspection.
To provide a general understanding of:
- Inspection types
- What generates an inspection
- Procedures of a compliance inspection
- Rights and responsibilities of employers and employees
- What happens after an inspection
Inspection Types/Priorities
- Imminent danger
- Fatality/catastrophe
- Complaints
- Referrals
- Follow-up
- Programmed
Programmed
- Special Emphasis Programs (SEP)
- Health Hazards
- Long Term Care
- Logging/Arboriculture
- Sawmills, Veneer, Manufactured Home and Other Wood Products
- Construction
- Food Manufacturing
Workplace Entry
- Normal working hours
- Credentials
- Refusal
- Interference
- Special situations
- Inspect on 2nd/3rd shift
- Security clearance
- Sampling
Opening Conference
- Purpose and scope
- Records inspection
- Walk around representatives
- Trade secrets
Walk Around Inspection
- Scope
- Program evaluation
- Safety/health inspection
- Interviews
- Photographs
Closing Conference
- Discuss findings and potential alleged violations
- Employer and employee rights and responsibilities
- Form 59
After the Inspection
- Citations or in compliance
- Abatement
- Violation types
- Penalties
- Informal conference
- Contestment
- Discrimination
Citations
- Issuance
- Received by certified mail
- Posting
- Three days or until the hazards are abated, whichever is longer
Abatement
- Date-extension
- OSHA Form 2D
- Follow-up inspection
Types of OSHA Violations
- Serious
» “Deemed to exist in the place of employment if there is a substantial probability that death or serious physical harm could result.…”
- Non-serious
» “Situations where the accident or illness that would be most likely to result from a hazardous condition would probably not cause death or serious physical harm….”
- Willful
- When evidence shows either an intentional violation of the act or plain indifference to its
- Criminal-Willful
- The employer willfully violates any standard which causes death of an employee and is found
- Repeat
- The employer has been cited previously for a substantially similar
- Failure to Abate
- The employer has not corrected a previously cited violation which has become final
Hazard Assessments
Severity
- Most likely an injury or illness resulting from exposure
Probability
» Number of employees exposed
» Frequency and duration of exposure
» Employee distance from the hazard
» Other factors
Maximum Penalties
- Willful – $70,000
- Serious – $7,000 (*exception)
- Repeat – $7,000 (x2, x5, x10)
- Failure to Abate – $7,000/day
- Non-serious – may have monetary value
Penalty Adjustment Factors
Size
(# of Employees) |
251+ | 176-250 | 131-175 | 91-130 | 56-90 | 26-55 | 1-25 |
0% | 10% | 20% | 30% | 40% | 50% | 60% | |
History | 10% | ||||||
Safety and Health Programs | 0%, 10%, 25%, 40% |
Informal Conference
- Time frame
- Post request
- Settlement agreement – posted
- Notice of amended citations
- Notice of no change
You May Contest
- Any part of citation
- Written
- Time frame
- Administrative Law Judge
- OSH Review Commission
Discrimination
- It is unlawful to discriminate against employees who file safety or health complaints or request an OSHA inspection.
Other Issues
- Possible Criminal penalties
Summary
- Inspection types
- What generates an inspection
- Procedures of a compliance inspection
- Rights and responsibilities of employers and employees
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