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What To Do When OSHA Shows Up

 

WHAT TO DO WHEN OSHA SHOWS UP

By: Darcy Cook, Safety Trainers

 

We have been providing safety support and services for over 20 years and we have never had 6OSHA citation cases open at the same time. We usually do 3-4 a year. Additionally, we have never mediated a Targeted Industries Citation. Why? My guess, OSHA never had enough staff to get to targeted industry inspections and now they do.

I recently attended an OSHA webinar hosted by OSHA enforcement and educational providers. They opened the webinar announcing that they were hiring and that jobs working for OSHA are available.

Since the day before Thanksgiving, our inbox has been filled with companies who have had a visit from OSHA. Currently, we have 6 businesses who have reached out because OSHA showed up on their front door.

Industry

Description

Location

Construction Site

Incident Fall Protection

Massachusetts

Public School System

Incident HazCom

Massachusetts

Residential Construction

Incident Fall Protection

Massachusetts

Manufacturing

Targeted Emphasis Program for Amputations

Massachusetts

Manufacturing

Targeted Emphasis Program for Amputations

Rhode Island

Trucking Company

Employee Complaint Power Industrial Trucks

Rhode Island

 

If OSHA showed up, would you know what to do? When you don’t know what to do, it makes our jobs harder. Here are the tips and the process of an investigation. Learn the process, put a plan in place to manage or respond to it.

1. The agent will announce themselves and present credentials
2. Place them in an isolated conference room without walking them through your production areas.
3. Get the right people in the room for the opening conference. Here is where they will explain to you why they are there.
4. Do not provide information to them on topics that do NOT relate to the reason they are there. Do not give them a tour of the entire facility. Only show them what they are asking to see. Limit and control their exposure.
5. They will ask for documents to include training records, policy, procedures, checklists, and inspections. Only bring them what they ask for and related to the topic.
6. They will ask to see certain parts of your operation. Stay with them. Control the paths you take and what the employees are doing. This might be a good time for employees to take a break.
7. If they take a photograph, you should too. If they take a video, you should too.
8. If they show you a violation and give you the opportunity to fix it, do it immediately
9. They will potentially ask to interview your staff. Give them an isolated area to do so.
10. They will do a closing conference where they will describe to you what potential citations you will receive, write them all down.
11. Teach your front desk/receptionist, what to do, who to call and where to place the OSHA agent.
12. If you have a relationship with a safety consultant, call them immediately while OSHA is there.
13. Once OSHA leaves, you pretty much know what they are concerned with, so get to work fixing everything immediately and get your training up to date, if applicable.

 

You will have approximately 21 days before you see the citation letter. Citations are not issued immediately following the inspection. They report is written and reviewed by the Area Director before presenting to you. Once you receive the letter, you have 15 days to respond.

1. Litigate and fight the citation
2. Pay it
3. Ask for an Informal Conference

 

We strongly encourage you to ask for an informal conference and show them all of the changes and trainings completed to date. If you are not a repeat offender, you will get some “goodwill” in the final decision of your citations and penalties.

We strongly recommend that you get the support and assistance by professionals and providers who have gone through this process.

OSHA has a consultation division that is of no cost to you. Just be advised, you will need to fix everything they identify as a non-conformance and safety hazard.

To learn more about what to expect during an OSHA inspection go to OSHA.gov and/or find a safety consultant [or just contact us. Safety Trainers [email protected]]

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