Ding! Dong! OSHA’s Calling

Every risk manager and business owner should be prepared for a visit from OSHA at some point in their career. This article will help you know what to expect when OSHA comes calling and how to manage the review.

To understand OSHA’s goals, it is important to know the history of OSHA. OSHA stands for Occupational Safety and Health Administration, a division of the U.S. Department of Labor. The Occupational Safety and Health Act of 1970 created OSHA to help employers and employees reduce injuries, illnesses, and deaths on the job. Hilda Solis, Labor Secretary, and David Michaels, Assistant Secretary of Labor, currently oversee the division.

The OSHA Act covers private sector businesses and certain federal agencies. Many states have their own OSHA-approved occupational safety and health programs. These must be at least as stringent as the Federal OSHA requirements and many times are more stringent.

OSHA has established priorities for scheduling worksite visits. Of greatest concern are locations that are believed to pose imminent and immediate danger to employees. Next are work sites that have suffered an employee fatality or catastrophe. An employee complaint regarding workplace safety or health issues may also result in an OSHA visit.

Preparation is key to a successful OSHA visit. Upon arrival, the OSHA compliance officer will present credentials to the receptionist. While the compliance officer will ask to see the highest ranking manager at the location, it is important that employees at all levels know what to expect during an OSHA evaluation. Maintaining a list of key personnel and contact information at the front desk will ensure ease of contact and a prompt response. (Respect and courtesy are appreciated and should be extended throughout the process.)

What to Expect in a Visit

OSHA visits will vary depending on the nature of the visit, characteristics of the business operations, and the compliance officer involved. An OSHA visit will generally include the following:

• An opening conference to outline the purpose of the visit and expectations;
• A review of safety and health program documentation;
• An on-site tour of the work facility;
• Interviews with managers, supervisors, or employees;
• A closing conference to discuss preliminary findings and recommendations.

In the opening conference, the compliance officer will discuss the nature of the visit, outline expectations, and address any questions. (Any attempt to mislead or deceive the compliance officer is unacceptable.)

The compliance officer is likely to ask to review certain types of documentation related to the safety and health program. It is important that these records be complete, organized, and accessible. Depending on the purpose of the visit, the information requested for review can vary. There are many documents that are frequently requested during a visit including the following:

• OSHA injury/illness logs for the past three full calendar years and year-to-date with supporting documents such as workers’ compensation first reports of injuries and first aid logs;
• Baseline surveys for safety and health hazards, including industrial hygiene sampling records and material safety data sheets (MSDSs);
• Evidence of line accountability, such as performance evaluations and bonus systems;
• Hazard analyses, such as change analyses, process hazard reviews, job hazard analyses, and phase hazard analyses;
• Employee reports of safety and health hazards and suggestions, including documented responses;
• Reports of site inspections and accident investigations, including documented responses;
• Preventive maintenance records;
• Emergency procedures, including critiques of drills and documented responses to recommendations for improvement;
• All specialized programs required for compliance with OSHA regulations, such as lockout/tagout, confined spaces, and bloodborne pathogens;
• Safety committee minutes and/or records of other methods of employee involvement;
• Training records, including types of training provided, how the curriculum is developed and reviewed, how understanding of training is assessed, and how an individual employee’s training is documented;
• The annual evaluation of the site’s safety and health program, including documented responses to the evaluation’s suggestions for improvement.

Site Tour

The actual site tour is another very important part of the evaluation process.

The business owner, risk manager, and other key personnel should plan to accompany the compliance officer throughout the facility. The purpose of the walk-through is to enable the compliance officer to understand the operations and observe working conditions. The compliance officer must be able to identify the hazards that exist and determine if these hazards are being adequately addressed by the current safety and health program. The compliance officer will also want to address any work performed by contract employees as a part of this tour.

During the walk-through, the compliance officer is likely to observe walking/working surfaces, fire safety, hazardous materials storage and handling, storage and handling of general materials, confined space entry, machine guarding, lockout/tagout, electrical equipment, power tools, and welding equipment.

Areas of concern or potential deficiencies will be noted. It is sometimes helpful to have the chief engineer participate in the walk-through so that corrections can be addressed on the spot.

Employee interviews may be conducted as a part of the walk-through and evaluation process. This could include formal or informal discussions.

For example, the compliance officer may randomly select employees at their workstations and engage them in conversation. Employees may be asked to describe work procedures, discuss their familiarity with emergency procedures, or demonstrate the availability and use of personal protective equipment.

Formal interviews typically take place in a private setting. Looking at an employee roster, the compliance officer may select a cross section of employees to interview to assess their knowledge and understanding of safety and health issues. Managers, supervisors, and employees are typically represented in these discussions.

Before leaving the work site, the compliance officer will hold a closing conference to discuss preliminary findings and recommendations. This will allow the employer to ask questions and solicit suggestions for any deficiencies noted.

OSHA will issue a citation for any existing violations. A citation outlines the alleged violation, establishes a proposed time period to correct the violation, and notes an associated financial penalty. Organizations should take citations very seriously as the financial consequences of violations can be sizeable. For example, penalties for a willful violation may range from $5,000 to $70,000 per violation. Those violations deemed serious carry a penalty up to $7,000 per violation. Repeated violations can include a civil penalty up to $70,000 for each violation.

The OSHA Web site is a valuable source of information for employers and can be found at www.OSHA.gov. Because interpretations and enforcement policy may change over time, businesses should consult current OSHA administrative interpretations and decisions by the Occupational Safety and Health Review Commission and the Courts for additional guidance on OSHA compliance requirements.

Preparation for an OSHA visit can and should be made ahead of time in order to have the best possible outcome for a business. Knowing what to expect and how to prepare for an OSHA visit can save valuable time and money.

Topics Workers' Compensation Training Development