inspections 101
Post on 22-Feb-2016
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Inspections 101
The OSHA Mission…To assure safe and healthful working conditions for working men and women, by authorizing enforcement of the standards developed under the Act
The Occupational Safety and Health Act of 1970
Established OSHA and effective enforcement program.
Authorized the setting of standards applicable to businesses affecting interstate commerce.
Provide for training to increase competence in the field of occupational safety and health.
Established reporting procedures.
The ActOutlined procedures for setting standards
publication in the Federal Register
Inspections
to enter without unreasonable delay at reasonable times
citations - describe with particularity the violationPenaltiesConfidentiality of trade secrets
The ActJudicial Review ALJOccupational Safety and Health Review
Commission Federal CourtsFinal Order
The ActApplies to businesses affecting interstate commerceCovers employers with one employee.
Outlined procedures for setting standardspublication in the Federal Register
The general duty clause.Section 5(a)(1)
Each employer shall furnish a place of employment free of recognizable hazards that are likely to cause serious physical harm.
Elements of a citation
Exposed employee
Serious hazard
Employer knowledge
Feasible method to abate hazard
Section 5(a)(1) ViolationFailure to follow manufactures instructions.
Seatbelt use on fork trucks.
Failure to follow consensus standards. ANSI, NFPA, NEC, ASME, API, ETC.
NIOSH recommendations.Ergonomic hazards.
Section 5(b)Each employer shall comply with the safety and health standards.
Each employee shall comply with the safety and health standards applicable to their activity.
Section 11(c)No person may be discriminated against for
exercising their rights...
Alleging complaint with employer, union, or Agency.
Participating in safety and health activities.
Whistleblower Investigations
Employee responsibilities…Comply with all applicable OSHA standards. Follow lawful safety and health rules.Wear prescribed protective equipment. Report hazardous conditions to the supervisor. Report any job-related injury or illness to the
employer, and seek treatment. Cooperate with OSHA by answering honestly. Exercise rights in a responsible manner.
Types of OSHA InspectionsImminent Danger.Fatality / CatastropheComplaint / Referral.National or Local Emphasis Program.
Monitoring. Follow-up.General Schedule
Imminent Danger
U.S. District Courts shall have jurisdiction to restrain conditions or practices which could reasonably be expected to cause death or serious physical harm before the danger could be eliminated through enforcement procedures.
Fatality / CatastropheA company must call OSHA within 8 hours
after the death of an employee or the in-patient hospitalization of three or more employees from a work related incident.
All fatality investigations are considered for possible criminal prosecution.
Complaint inspection process
No longer based on signing the complaint.
Phone and Fax.
Facility should have complainant process.
ReferralsFrom other inspectors.
Discrimination investigators.
Media.
Other enforcement agencies.EPAFire and Police DepartmentsHealth Department.
National or Local Emphasis
Fall protectionSilicaLeadFork TrucksAmputations
Follow-upCompany had previously
received citations.
Providing proof of corrective action reduces likelihood of return.
Workplace InspectionsEvery establishment covered by the
OSH Act is subject to inspection
Conducted without advance notice
Identify hazards
Inspection Process
Opening conference.Credentials.Purpose Scope.Warrants
The InspectionInvestigation of Issues
Plain ViewInterviewsSamplingVideotape
Closing conference
CitationsSerious
Repeat
Failure to abate
Other than serious
De-minimus
Unclassified
Effective Safety & Health Programs
Management CommitmentEmployee Involvement.Worksite AnalysisHazard Prevention and Controls.Training and UnderstandingContinuous Improvement
SummaryOSHA standards have helped save lives and
prevent injuries
You need to take action to eliminate the health and safety hazards in your workplace.
Inspections have been OSHA’s way to save lives.
OSHA now offers various means of assistance.
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