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