What To Do When OSHA VisitsPresented by Antea Group In association with NAEM

Learning ObjectivesINTRODUCTION

Inspection Do’s and Don’ts

Understand the purpose of a visit from OSHA and the changing regulatory environment

Learn about the necessity to take action as an employer during the course of an OSHA inspection

Position your organization in a favorable legal light

1Antea USA, Inc.

Do• Treat the compliance officer with

respect and as a professional.• Be engaged!• Notify others. Make sure that

members of the management team attend the opening and closing conferences.

• Be honest• Gather the documents requested in

a timely manner!

Keys to a Smooth Inspection: Dos and Don’ts OSHA INSPECTION

Antea USA, Inc. 2

• Correct potential hazards, as soon as possible, preferably while the compliance officer is in the facility.

• Allow interviews, assist as requested in identifying the right person to be interviewed by the compliance officer.

• Understand the inspection process -the compliance officer will explain the reason for the inspection and the process during an opening conference.

Antea USA, Inc.3

Don’t• Argue with the compliance officer. If

you do not understand something, ask a question for clarification, but do not argue with the compliance officer.

• Blame employees for safety issues or concerns. The compliance officer is identifying hazards, not placing blame. Blaming anyone during the inspection does not build trust or goodwill.

OSHA INSPECTION

Antea USA, Inc. 4

Keys to a Smooth Inspection: Dos and Don’ts

• Accept blame for potential issues – just fix them.

• Freely give information that is not requested. Provide only the information the compliance officer requests and show the compliance officer only areas of the facility that are requested.

What Is the Value of Staying One Step Ahead of OSHA?

INTRODUCTION

5Antea USA, Inc.

OSHA Overview

OSHA Inspections

Employer’s Rights

Strategic Pre-Planning

OSHA Overview – What’s ChangingOSHA OVERVIEW

7Antea USA, Inc.

New Direction

New Legislation

Aggressive Enforcement and Regulatory Focus

Major New Directives Not Requiring Rulemaking

Direct Final Rulemaking

Far-reaching Penalty Directives

Less Cooperation

• Expect an active regulatory agenda from the agencies for the remaining time of the current Administration

• Many regulations having a direct impact on manufacturing –EPA, NLRB, OSHA, DOL, etc.

• OSHA• Implemented rules on crystalline silica and injury & illness reporting

• Pending combustible dust rules

• Ramped up focus on injury emphasis program for temporary workers

• Revisions to Injury & Illness Reporting • Electronic reporting

• Searchable database

Active Regulatory Agenda

Antea USA, Inc. 8

Sourcewww.osha.gov

Recent OSHA Budget

Antea USA, Inc. 9

2014 Actual Budget 2015 Actual Budget 2017 Actual Budget 2017 Requested Budget

$552.3 Million $552.8 Million $552.8 Million $595.0 Million

OSHA requested an increase in the enforcement budget of $18 million to $226 million, 38% of the total OSHA budget is earmarked for enforcement

EnforcementOSHA OVERVIEW

Aggressive Enforcement and Regulatory Focus Continues in 2016• More inspectors

• Higher penalties and publicity

• More employers placed in the

Severe Violators Enforcement

Program (SVEP)

The 2016 goal is to conduct 37,785; 29,943 safety inspections, and

7,842 health inspections

This increase also reflects the agency’s shift in emphasis from safety inspections to health inspections

10Antea USA, Inc.

OSHA Overview

OSHA Inspections

Employer’s Rights

Strategic Pre-Planning

Risk Based Nature of OSHA InspectionsOSHA INSPECTIONS

Triggers for an Inspection

OSHA’s Response to a Complaint

The Inspection Process

OSHA Inspection and “Walk Around Process”

12Antea USA, Inc.

What Triggers an Inspection?OSHA INSPECTIONS

13Antea USA, Inc.

Imminent Danger

Fatality or Catastrophe

Complaint or Referral

Programmed Inspection

11 National Emphasis Programs

140 Local/Regional Emphasis

Programs

Follow-up

OSHA Response to a ComplaintOSHA INSPECTIONS

Based on Potential Risk to Employees

Low Risk Complaints – Call requesting response within 10 days

Moderate Risk Complaints – Letter requesting response within 10 days

High Risk Complaints – Always results in unannounced OSHA visit

14Antea USA, Inc.

• Opening Conference

• Review of Documents

• Facility Review – The “Walk Around”

• Additional Monitoring Activities

• Closing Conference

Phases of an OSHA InspectionOSHA INSPECTIONS

Antea USA, Inc. 15

• Verify the credentials of the compliance officer.

• Determine the reason for the inspection and the scope of the inspection.

• Set ground rules, safety equipment required in the facility.

• Notify facility and corporate officials.

• Listen and don’t volunteer information, the OSHA compliance officer will make requests for information that is desired.

• Determine what will be the next steps of the inspection. Document review? Physical inspection?

Opening ConferenceOSHA INSPECTIONS

16Antea USA, Inc.

The “Walk Around”OSHA INSPECTIONS

17Antea USA, Inc.

Identify and document

hazards

Review records and programs

Take photos, videos,

instrument readings

Interview employees

Determine employee exposure Establish

employer knowledge of

condition

Things to KnowOSHA INSPECTIONS

1. Legal Status – Inspection is subject to review and enforcement

2. Employees interviewed are potential witnesses

3. Photos and measurements are evidence that the hazards exist

4. Questions asked of management are to determine employer

knowledge of the condition

5. Burden of Proof – OSHA

18Antea USA, Inc.

Closing ConferenceOSHA INSPECTIONS

• Review of Inspection Findings

• Abatement Options

• Citation/Penalty

• Posting Requirement

• Informal Conference – 15

Working Days

• Failure to Correct – Follow-up

Inspections

19Antea USA, Inc.

Immediately Following an OSHA InspectionOSHA INSPECTION

20Antea USA, Inc.

Follow-UpDe-BriefCorrect Remaining

Concerns and Document Improvement

OSHA Overview

OSHA Inspections

Employer’s Rights

Strategic Pre-Planning

Employer’s RightsEMPLOYER’S RIGHTS

What are an employer’s rights?

How does the employer exercise them?

22Antea USA, Inc.

Employer’s RightsEMPLOYER’S RIGHTS

1. Requesting a search warrant – You can, but do you want to?

2. Trade secret protection for non employees

3. Right to have an employer representative or legal counsel present

4. Some control on employee representatives

5. Inform employees of their options during an interview

23Antea USA, Inc.

Escort Compliance Officers

Take photographs and notes

Maintain focus

Manage employee interviews

Answer honestly but don’t speculate

Stay in ChargeEMPLOYER’S RIGHTS

24Antea USA, Inc.

Three B’sEMPLOYER’S RIGHTS

Be Courteous!

Be Alert!

Be Quiet!

25Antea USA, Inc.

OHSA’s Burden of ProofEMPLOYER’S RIGHTS

OSHA Must Show:

1. The applicability of the cited standard.

2. The employer’s noncompliance with the

standard’s terms.

3. The potential injury or illness to the employee(s).

4. The employer’s actual or constructive knowledge

of the violation.

5. The application of the General Duty Clause.

26Antea USA, Inc.

OSHA’s maximum penalties, which were last adjusted in 1990, increased by 78% on August 1, 2016. Any citations issued by OSHA after that date will be subject to the new penalties if the related violations occurred after November 2, 2015.

Going forward, the agency will continue to adjust its penalties for inflation each year based on the Consumer Price Index.

Citations and Penalties

Antea USA, Inc. 27

Type of Violation Old Maximum Penalty New Maximum Penalty

SeriousOther-Than-SeriousPosting Requirements

$7,000 per violation $12,471 per violation

Failure to Abate $7,000 per violation $12,471 per violation beyond the abatement date

Willful or Repeat $70,000 per violation $124,709 per violation

Penalty Considerations/Severity of Penalties

EMPLOYER’S RIGHTS

Employer Knowledge

Competent Inspection

Safety Culture

Written Safety Rules and Procedures

Training

Employer’s Discipline Policy

Safety Record

Accident and OSHA Violation History

Good Faith Shown by the Employer

28Antea USA, Inc.

We received citations.

What do we do?

Read the citations and related documents –immediately.

Written CitationsEMPLOYER’S RIGHTS

Antea USA, Inc. 29

Written CitationsEMPLOYER’S RIGHTS

1. Written Notice

- Entire Inspection

- Penalty Amount

2. Abatement Time

3. Citation Review

4. Post the Citations

- In a prominent location, at or near the location of the alleged violation

5. Settlement Options

30Antea USA, Inc.

What requires improvement

Equipment Process Procedures Training

When will the improvement be made

Who will complete the improvement

Document the improvements

Abatement PlanEMPLOYER’S RIGHTS

31Antea USA, Inc.

Plan

Do

Check

Act

• First, pay attention to the date of the citation(s). A response must be sent within 15 business days or the citations and penalties become final.

• Second, do not simply accept and pay the citation. Consult with your team and evaluate settlement alternatives.

OSHA Citation Settlement OptionsEMPLOYER’S RIGHTS

Antea USA, Inc. 32

• OSHA offers an informal settlement process where citations and penalties can be negotiated and in some cases removed.

• Formal Contest of the citations which is a legal process and a hearing before a administrative law judge.

• Decide on the next step but do not delay. Remember the 15 day limit.

OSHA Overview

OSHA Inspections

Employer’s Rights

Strategic Pre-Planning

Strategic Pre-PlanningSTRATEGIC PRE-PLANNING

As employers, how can we

prepare for, manage and

mitigate incidents which may

affect our business, operations,

customers and brand?

34Antea USA, Inc.

Strategic Pre-PlanningSTRATEGIC PRE-PLANNING

35Antea USA, Inc.

The Benefits of Strategic Pre-Planning

Establishing a Trained OSHA Inspection Team

Identify

Inspection Protocol

Post-Inspection Meeting

OSHA Response Plan DevelopmentSTRATEGIC PRE-PLANNING

36Antea USA, Inc.

Utilize your resources…

OSHA Response Plan DevelopmentSTRATEGIC PRE-PLANNING

37Antea USA, Inc.

Develop a Response Plan…

Be Prepared and Proactive – Don’t wait for the “knock at the door”

• Develop a Plan

• Respond Quickly

• Have a Strong Health and Safety Process• Develop a Culture of Safety

• Good, Safe Equipment Design

• Effective Training

Summary

Antea USA, Inc. 38

Proactive vs. Reactive

Reduction in injury and illness rates

Evaluated by companies when

selecting partners

Ensure ability to bid jobs and

remain active on jobs

Reduce workers’ compensation

rates

Improved employee morale

Positive impact on the bottom line

Benefits for Your Organization

39Antea USA, Inc.

STRATEGIC PRE-PLANNING

Questions and Answers

Antea USA, Inc. 40

Presenter Contact Information:Chris Brossia MS, CIH, CSP, CHMM Antea GroupSenior Consultant Direct + 1 970 308 2618Chris.brossia@anteagroup.com

B E T T E R B U S I N E S S , B E T T E R W O R L D℠

Thank you!

Antea USA Headquarters5910 Rice Creek Parkway, Suite 100St. Paul, MN 55126, USAUSA Toll Free: +1 800 477 7411 International: +1 651 639 9443

www.anteagroup.com

Chris Brossia, MS, CIH, CSP, CHMM, Antea Group

Presenter

Chris Brossia, Consultant, has more than 20 years of experience in Risk Management and Environmental, Health and Safety. His technical specialties include ergonomics, industrial hygiene, safety culture/leadership, compliance programs, global health and safety management systems, manufacturing systems, research & development, pharmaceutical containment and workers’ compensation.

Contact Information: chris.brossia@anteagroup.com; mobile phone 970 308 2618.

42Antea USA, Inc.