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About OSHA - The OSHA Inspection
Editor’s Note - In this article "OSHA" and "OSHA Compliance Officer" refer to the Federal OSHA. Your state may have its own state-approved OSHA programs and these guidelines may vary slightly. The best way to be prepared for an OSHA inspection is to continually stress the importance of safety in the workplace. Management and employees must be committed to safety. An effective safety program must be in place that holds one person responsible for implementing and monitoring the program. The following guidelines will help you through an inspection. Authority to Inspect Under the Act, "upon presenting appropriate credentials to the owner, operator or agent in charge," an OSHA compliance officer is authorized to: 1. "Enter without delay and at reasonable times any factory, plant, establishment, construction site or other areas, workplace, or environment where work is performed by an employee or an employer" and to 2. "Inspect and investigate during regular working hours, and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein, and to question privately any such employer, employee, owner, operator or agent." What to do when OSHA comes knocking Common questions asked by many employers are, "What rights does OSHA have when entering my business?" and conversely, "What rights and responsibilities do I have as a business owner when OSHA comes knocking at my door?" In general you will not receive advance notification of an OSHA inspection. Employers should always insist upon seeing the OSHA compliance officer’s credentials, who should readily agree to this request. In extreme cases you may wish to request a search warrant from the compliance officer before allowing entrance into your facility. By law, OSHA is required to have a search warrant to enter your premises; however, requiring OSHA to secure a search warrant could create an adversarial relationship between your company and OSHA. You may want to request this only in the case where a fatality or serious injury occurred that can result in criminal actions. The Inspection Process Arrival of the Compliance Officer A designated individual from the company should greet the compliance officer and check the credentials. In rare cases when a search warrant seems necessary or prudent, verify that the search warrant is valid. Opening Conference This conference is your chance to get more information regarding the inspection. The compliance officer should explain the purpose of the visit, the scope of the inspection and the standards that apply. If the inspection is the result of an employee complaint, you have a right to see a copy of the complaint, although you will probably not be shown the name of the complaining employee. An authorized employee representative is also given the opportunity to attend the opening conference and to accompany the compliance officer during the inspection. An employee union or a plant safety committee (in the absence of a union) can designate the authorized employee. Where neither employee group exists, the employee representative may be selected by the employees themselves, or the compliance officer will determine if any employee suitably represents the interests of the other employees. Under no circumstances may the employer select the employee representative for the walk-around. The Act does not require that there be an employee representative at each inspection. When there is no authorized employee representative, however, the compliance officer must consult with a reasonable number of employees concerning safety and health matters in the workplace; such consultations may be held privately. The OSHA compliance officer may ask to see reports of work-related accidents or injuries (your OSHA log). Also, be prepared to show the compliance officer your hazard communication program, lockout/tagout program, a general safety program and other records relating to the safety of your employees. Walk-through The compliance officer determines the route and duration of the inspection. While talking with employees, the compliance officer should make every effort to minimize work interruptions. The compliance officer will observe conditions, consult with employees, take photos (for record purposes), take instrument readings if necessary and examine records. An OSHA inspection is an evidence gathering process. Prepare to document the entire inspection. Closing Conference During the closing conference the compliance officer and the employee representative will discuss with the employer all unsafe or unhealthful conditions observed during the inspection. The compliance officer will indicate all apparent violations for which a citation may be issued or recommended. At this time, the employer is also told of appeal rights. The compliance officer will not indicate any proposed penalties since only the OSHA area director has that authority. As the employer, you should be given a chance to discuss these violations and present your side of the case. You may wish to produce records which document compliance efforts and provide information which can help OSHA determine how much time may be needed to abate an alleged violation. A closing conference may also be held with the employees or their representative, if requested, to discuss matters of direct interest to employees. Post Inspection Gather your notes and photos into a file. Follow-up with any employees who were interviewed by the OSHA compliance officer. If the employee has signed a statement, you are entitled to receive a copy of that statement for your file. Conclusion Above all, remember that the compliance officer is at your facility because there is a question (whether unfounded or not) about the safety of your employees. Cooperation between you and the officer will result in a safe working environment for employees. The goal is to rectify unsafe conditions with minimal or no penalty imposed on your company. Ways to protect your rights and maintain a cordial relationship with the OSHA inspector:
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