“Hi, I’m from OSHA, and I’m here to help you.” No,that’s not really what he said, but it was what Iwas thinking as my lead tech on a large
construction job called to inform me that OSHA wasperforming a surprise inspection of the jobsite. With 30-plus years in the trade, Ron is unflappable and calmlydescribed the scene as the OSHA team descended on thesite. I, on the other hand, was in a state of panic.
Ron had phoned to inform me of the inspection andwas asking me how to respond. He described the scene ofthe inspectors walking in the front door as subs scatteredand ran out the back door like rats jumping off a sinkingship. I instructed him to stay on site and answer any andall questions honestly.
Luckily, my crew had hard hats, but several werewearing sneakers instead of work boots. The inspectorswere asking for documentation that was not onsite. Theywere interviewing Ron and also asked to interview someof my field staff alone. Again, I advised Ron toaccommodate their requests, answer questions honestlyand make note of what documents were requested.
While cursing my bad luck, I tried to understand whyOSHA was there in the first place. There had been noinjuries or incidents on this site. As a matter of fact, in the10 years I have owned my company, we have beenfortunate not to have suffered any major jobsite injuries.A few stitches here and there and a twisted knee were the
worst I could recall. None required time away from work.Why was OSHA here?
The best theory I could conjure up was that this was alarge custom home going up in a nice D.C. suburbanneighborhood. The construction was a disruption to theneighbors, and had been ongoing for over a year. Could awell-connected disgruntled neighbor have called out thedogs? This made the most sense as no one had beeninjured on the site. While this is pure speculation on mypart, I could not arrive at a better reason.
Ron brought a list of questions and a stack ofdocuments back to the office. Soon enough, a FedExpackage with more documentation arrived. A phoneinterview with an OSHA inspector was scheduled andconducted. Just what I needed: stacks of paperwork,forms to fill out and interviews to schedule.
I immediately called my friend, confidante andinsurance super-agent, Dave Hersey. Dave works for
Federated Insurance and has handled my insurance sinceDay One. I consider him to be an integral part of ourteam and a major contributor to my company’s success.
Dave reminded me of the safety manual we (read he)had put together. After a fruitless search for the originalthree-ring binder, he e-mailed me a current PDF version.He also sent a record of our documented safety meetings.While we did not meet the letter of the code in terms ofquantity and schedule, at least we had documentedmeetings on record.
After filling out many forms and faxing them in, aninterview was scheduled with an OSHA investigator. Idug in for a fight, but it actually went very smoothly. Isent in the documents I had on hand, admitted to theones I didn’t have and answered everything asked of me. Idid not try to cover up, backdate documents or BS theinspector. Trust me, they have seen it all and will quicklysee through any smokescreen or ruse.
I explained to the inspector that we try to do the rightthing. We are not perfect. “If we are in violation of OSHAcode, let me know and I will fix it,” I told the inspector. Ithink he appreciated my candor and honesty and said hewould follow up with his findings after the investigationwas complete.
I heard back a few weeks later. We were dinged withthree minor violations: 1. Failure to have material safetydata sheets (MSDS) on site for chemicals and materialsbeing used. 2. Failure to maintain a chemical informationlist (CIL) with the state. 3. Failure to maintain the properOSHA documentation and posters in our office and onthe jobsite.
While these violations were minor and carried nofinancial penalties if they were brought into compliance, Idid not like the idea of OSHA violations on our record. Ischeduled an informal hearing, which is my right, withthe state, to plead my case. I hope that by provingcompliance, the violations will be dropped. This hearinghas not taken place at this writing, but I will update in afuture column.
Looking back, I wish I had been better prepared. You
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I sent in thedocuments I had onhand, admitted to the onesI didn’t have and answeredeverything asked of me. Idid not try to cover up,backdate documents or BSthe inspector. Trust me,they have seen it all and willquickly see through anysmokescreen or ruse.
BY DAN FOLEY CONTRIBUTING WRITER
Singing the OSHA blues
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While cursing my bad luck, I tried to understand whyOSHA was there in the firstplace. There had been noinjuries or incidents on thissite.
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never expect a surprise OSHA inspection, but expect theunexpected. With the benefit of 20/20 hindsight, here iswhat I would advise:1. Meet with your insurance agent and plan out a formal
safety policy for your company. 2. Have safety manuals current, updated and readily
available in both hard copy and electronic format. 3. Document safety meetings. At regular company
meetings, spend the first 10 or 15 meetings discussing safetyissues such as eye protection, proper footwear, tool safety,ladders and fall protection, distracted driving, etc. Yourinsurance agent is more than happy to provide materials forthese topics. Make sure you record and document themeeting, the topic and have everyone sign in. 4. Keep MSDS sheets on file for all the materials and
chemicals you use. Manufacturers and local reps canprovide this. I was ableto find almost all of thesheets on manufacturerwebsites and mysuppliers provided thebalance. We now keep acopy at the office and atthe jobsite. We also senta file copy to the stateOSHA office. 5. Post the required
OSHA documents andposters at the office aswell as at jobsites.As I learned the hard
way, it is not enough tokeep a safe workingenvironment for youremployees, which is agiven, and the least youcan do as an employer.It is also necessary tocomply with OSHArequirements and keepall the requireddocumentation on handand updated. Yes, thistakes time, but most if itcan be delegated tooffice staff or yoursafety officer. The littletime it takes will saveyou many hours if youare ever investigated oraudited. Also,understand that theintent is to provide asafe workplace for youremployees. Learn from my
headache and spend acouple hours updatingyour OSHA documents.You will need themwhen you least expect it. l
Dan Foley is presidentand owner of FoleyMechanical Inc., basedin Lorton, Va. FMIspecializes in radiant,hydronics and steamsystems, as well asmechanical systems forlarge custom homes. Hecan be reached at703/339-8030 or [email protected].
PW-G rfh
NSF 14NSF 61
ESR # 1931PMG 1033
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