OSHA – What to Expect When You’re Inspected

(Following Federal Guidelines)

Overview

Discuss OSHA Inspections Being prepared for an OSHA Inspection The inspection process The closing conference Citation & penalties

Discussion of the most frequently cited standards in the landscaping industry

OSHA inspections

What instigates an OSHA inspection? Imminent danger Serious accident, illness, injury or death Complaints Permit inspection General administrative plan

Recommendations

Appoint a key person Accompany inspector, keep notes and

observations of interest to inspector Take photographs of items of interest

to inspector Formalize a report and send it to

company attorney to establish an attorney-client relationship

Planning for an OSHA inspection Be pro-active, not reactive Most OSHA inspections are unannounced Inspections may be triggered by,

a serious accident, a disgruntled employee a type of work activity such as excavation or a high

rise construction To avoid penalties,

maintain a safe workplace, comply with OSHA’s regulations, keep an updated 300 & 300A OSHA log, documentation of training, and current posters.

When you have a strong safety program, fewer accidents will occur.

Advanced Notice In cases of imminent danger Where it is necessary to conduct

inspections at times other than regular working hours

Where advance notice is necessary to assure the presence of personnel needed to conduct the inspection

Where the commissioner determines that advance notice will insure a more effective and thorough inspection

Handling the inspection

OSHA inspector will arrive Inspector will present his/her credentials Adopt a written procedure for responding

to an inspection. Upon arrival, the inspector should be

referred to the key person if not available inspector may wait for a

reasonable period of time.

Opening conference Inspector will explain the role of OSHA and

ask to conduct an inspection. You will be informed of the scope of the

inspection OSHA needs your consent to conduct an

inspection. If inspection is refused, inspector will inform

you the he/she may be back with an inspection warrant issued by court. (It is not generally recommended to refuse the inspection.)

The walk-through Inspection may be limited or encompass the entire

facility. Have available for review:

Injury and Illness Program First Aid Cards OSHA Log 300 (updated to current date) OSHA posters (Filled-in with appropriate information) Written Safety Programs Emergency numbers Permit postings Documentation for safety training and job specific

Walk-through imminent hazards If an inspector determines that a

condition or practice creates an imminent hazard to the safety and health of workers, employer or affected workers the inspector can prohibit employees from using the area, machine or equipment that presents a hazard.

A yellow tag is placed conspicuously in the area and only an authorized OSHA representative can remove a yellow tag.

Closing conference

Will discuss any unsafe conditions observed.

May or may not issue citation. OSHA has six months to issue a citation

from time of inspection. Inspector may want to review regulation

or request additional testing. Inspector may want to talk to the district

manager.

Types of violationsDe Minimus

Violations that have no direct or immediate relationship to safety and health. (No citation or penalties)

Other Than Serious Not expected to result in serious injury or death

(Up to $7,000)

Serious violation Substantial probability of death, injury or illness

(Up to $7,000)

Types of Violations (cont.) Repeat violation

2+ violations of same safety order within a 3 year period (Up to $70,000)

Willfull violation Knowing, intentional to harm ($5,000-

$70,000)

Failure to Abate Failure to correct a violation by the

abatement date (Up to $7,000 per day)

Appealing Citations

Request an informal conference with your OSHA Area Office – Should be requested within 5 working days of receiving the citation

Contesting the citation: you have 15 working days from date you receive citation

Informal Conference

Why to request? Better

understanding of the standards

How to correct Proposed penalties Discuss how the

penalties were computed

Discuss abatement dates

Problems concerning employee safety & health practices

Obtain answers to any other related questions

Appealing a citation Contesting or not, cost compared to

penalties Willful or Criminal penalties contact

your attorney for advise Fix and document any citations Take any previous documentation

with you (inspections, trainings, maintenance records)

Be pro-active not re-active

Providing False Information

Upon conviction shall include a fine of not more than $10,000 or imprisonment for not more than 6 months or both

Follow-up Inspections

Posted the citation as required At or near the place of each citation Must remain posted for 3 working days

or until the violation is corrected

Violations have been corrected Interim measures are adequate

during a multi-step or lengthy abatement period

Resources

WebsitesOccupational Safety & Health Admin. www.osha.gov

Hortica’s Loss Control & Safety Materials http://www.hortica-insurance.com/loss_control.asp

Any Questions????