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OSHA Compliance Inspections

INSY 6010FALL 2003

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Workplace Inspections

Marshall v BarlowMarshall v Barlow established the requirement for OSHA inspectors to obtain a search warrant if the employer refuses to all them entry to inspect.It is generally not in the employer’s best interest to bar Compliance Safety and Health Officers (CSHO) entrance.Warrants can be obtained in as little as 48 hours.

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Inspection Priorities

Inspection priorities established by OSHA are as follows: Investigation of Imminent Dangers.

Allegations of an imminent danger situation will ordinarily trigger an inspection within 24 hours of notification.

Catastrophic and Fatal. Accidents will be investigated if they

include any of the following: one or more fatalities

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Inspection Priorities

Three or more employees hospitalized as inpatients. Significant publicity or property damage. Issuance of specific instructions for investigations in

connection with the National Office Special Program.

Investigation of Employee Complaints. Highest priority is given to those complaints

that allege an imminent danger situation. Serious situations are given high priority, as

well.

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Inspection Priorities

Programmed High-Hazard Inspections. Industries are selected based upon the

following data: Death Incidence Rates. Injury Incidence Rates. Illness Incidence Rates. Employee exposure to toxic substances. In accordance with local and national

inspection scheduling programs.

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Inspection Priorities

Reinspections. May be conducted to determine if

previously cited violations have been corrected.

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General Inspection Procedure

The CSHO conducts inspections to determine if the employer is in compliance with the requirements of the standards, rules and regulations promulgated under the OSHAct.Inspections are almost always conducted without prior notice.

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General Inspection Procedure

Upon presenting himself/herself to the employer, the CSHO presents proper credentials.If entry is denied, the CSHO will obtain a warrant that requires the employer to admit the inspector. (Note: the penalty for murdering a CSHO is life imprisonment.)

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Opening Conference

The CSHO will conduct a joint opening conference with the employer and employee representatives. (Separate conferences may be held.)Safety personnel should also attend the opening conference.The CSHO will: Inform the employer of the purpose of the

visit.

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Opening Conference

To investigate whether the establishment, procedures, operations, and equipment are in compliance with OSHAct requirements.

Give the employer copies of the Act, and other information, as needed.

The CSHO will briefly outline the following: The scope of the inspection. Records the officer wants to review.

OSHA 300: Log of Work-Related Injuries & Illnesses OSHA 300A: Injury and Illness Log Summary OSHA 301: Injury and Illness Incident Report

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Opening Conference

The officer’s obligation to confer with the employees.

Physical inspection of the workplace. The closing conference.

Furnish the employer with any complaints that may have been filed.

Answer questions.

The CSHO will identify areas of the facility to be inspected.

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Opening Conference

CSHO will request information on the employer’s current safety and health program.

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Inspection of the Facilities

The CSHO will provide his/her own test and measurement equipment.Only apparent violations will be recorded.The CSHO will not offer remedies for violations.Impromptu complaints from employees will be investigated.

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Closing Conference

The CSHO will hold a joint closing conference once the inspection is completed.The CSHO will advise the employer of all conditions and practices that may constitute an apparent safety or health violation.

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Closing Conference

The CSHO will indicate which sections of the standard apply.The employer will be informed of potential citations and penalties that may be levied by the Area Director.Citations will establish time periods to remediate violations.

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Violations

The General Duty ClauseGeneral Duty Clause.Willful Violations. Knowingly acting out of compliance.

Serious Violations. Could cause death or serious physical

harm. Four step process:

The type of accident or health hazard

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Violations

The type of injury expected. Injury could cause death or permanent injury. Whether the employer knew or should have

known through due diligence (if the inspector found it, the employer should have found it, too).

Other-Than-Serious Violations. Would not be expected to cause death or

serious physical harm. Does have a direct effect on employees’

health and safety.

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Violations

Repeated Violations. Being cited for a violation that had

been previously cited or for a substantially similar condition.

De Minimis Violations. Trivial violations. Usually only elicits a letter of warning.

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Citations

The written document that: Describes the specific nature of the

alleged violation, Cites the standard allegedly violated,

and Fixes a time for abatement.

Citations for serious violations generally carry monetary penalties.

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Penalties

$7,000 to $70,000 for serious to repeated or willful violations.Egregious Policy If OSHA considers the apparent

violations as flagrant, fines for each individual violation may be assessed rather than for each type of violation.

Generally based upon a high accident/ injury rate or a large number of violations.

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Contested Cases

Employers have the right to contest any OSHA action.

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Questions & Comments