OSHA INSPECTION CHECKLIST

Transcription

1 OSHA INSPECTION CHECKLIST

2 HANDLING AN OSHA INSPECTION The Occupatinal Safety and Health Act (OSH Act) authrizes the Occupatinal Safety and Health Administratin (OSHA) t cnduct wrkplace inspectins and investigatins t determine whether emplyers are cmplying with federal safety and health standards. Accrding t the U.S. Department f Labr Data Enfrcement Statistics, in 2015 OSHA cnducted mre than 77,000 inspectins identifying nearly 120,000 vilatins f OSHA standards and assessing mre than $154 millin in penalties n emplyers. One f the wrst experiences an emplyer can have is t have an OSHA inspectr shw up at a wrksite unannunced t perfrm an inspectin. The fllwing checklists were created by ur partners at Cnstangy, Brks, Smith & Prphete, LLP, and explain what actins emplyers shuld take t be prepared fr an OSHA inspectin and actins t take during the curse f an inspectin. Nte that OSHA will nly prvide emplyers with advance ntice f an inspectin under the fllwing fur cnditins: In cases f apparent imminent danger in rder t get management t fix the cnditin immediately. When the inspectin must be after regular business hurs r when special preparatins are necessary. If management and wrker representatives are nt likely t be n-site unless they have advance ntice. In ther circumstances where the OSHA Area Directr thinks a mre cmplete inspectin wuld result, such as in a fatality investigatin. Hw T Prepare Fr An Osha Inspectin The fllwing are actins all emplyers shuld take t be prepared in the event f an OSHA inspectin: Appint and Train OSHA Inspectin Crdinatrs and Alternates. Appint and train, as necessary, an apprpriate number f OSHA Inspectin Crdinatrs and alternates s that ne crdinatr r alternate can be immediately available t represent the Cmpany during any OSHA inspectin at any plant. Inspectin Crdinatrs and alternates need t be familiar with the fllwing: The Cmpany s prducts and any hazardus substances t which assciates may be expsed (and, if applicable, hw such substances are mnitred). All Cmpany safety plicies and prcedures and the nature and extent f the Cmpany s safety prgram. Cmpany plicy regarding OSHA inspectins, including: (a) the Cmpany s OSHA Inspectin Guidelines, and (b) the accmpanying OSHA Inspectin Frm, which is t be filled ut during an inspectin. OSHA rules and regulatins regarding inspectins and citatins. The lcatin f all recrds required t be kept under the Occupatinal Safety and Health Act and OSHA standards and regulatins, including OSHA 300 lgs (r 200 lgs, as apprpriate) fr the previus five years. OSHA develpments f relevance t OSHA inspectins and any pending OSHA litigatin in which the Cmpany is invlved. Editin: thinkhr.cm

3 HANDLING AN OSHA INSPECTION Establish a Resurce Lcatin fr OSHA Materials at Each Plant. Keep the OSHA Inspectin Guidelines, the OSHA Inspectin Frm, and a cpy f the relevant Occupatinal Safety and Health Act standards and regulatins in a lcatin readily available t the Inspectin Crdinatr. Instruct Emplyees Wh May First Encunter an OSHA Inspectr. Prvide all emplyees wh might first encunter an OSHA Inspectr (such as guards r receptinists) with instructin n what they are t d when an OSHA Inspectr arrives. In particular, they must be given the names(s) and numbers(s) f the Cmpany representative they must call. They must be instructed that they are nt t allw the OSHA Inspectr entry until the apprpriate Cmpany representative has been cntacted, and that the Inspectr shuld be taken t a designated cnference rm r ther lcatin until the Inspectin Crdinatr arrives. The guards and/r receptinist shuld be instructed t be curteus and ffer refreshments t the Inspectr(s) during their wait. Editin: thinkhr.cm

4 OSHA INSPECTION CHECKLIST The fllwing are actins the emplyer shuld take during an OSHA inspectin: Wh will meet? Decide ahead f time wh will meet with the OSHA Cmpliance Officers(s) during the Opening Cnference and the Walkarund Inspectin. What t d at the Opening Cnference. At the Opening Cnference, after reviewing the credentials f the Cmpliance Officer(s) t determine that they are authrized representatives f the lcal OSHA Area Office, find ut: The names f the Cmpliance Officer(s). Whether they are Safety Specialists r Industrial Hygienists. The purpse f the inspectin. What they intend t d that day and hw lng they anticipate being n-site. Wh t ntify. Cntact the Safety Crdinatr r ther prfessinal respnsible fr yur lcatin. Limit the inspectin scpe. If the basis f the inspectin is a cmplaint, get a cpy f the cmplaint frm the OSHA Cmpliance Officer(s). Limit the scpe f the inspectin t the cmplaint items, althugh a Cmpliance Officer is authrized t braden the inspectin t include anything else that is bserved r in plain view. Keep a list f prvided dcuments. Keep a list and a cpy f every dcument that yu prvide t OSHA. If yu have any questins abut the relevancy f a requested dcument, cntact the Safety Crdinatr r ther prfessinal respnsible fr yur lcatin s safety befre turning the dcument ver t OSHA. Accmpany the Cmpliance Officer at all times. Make sure that smene is with each f the OSHA Cmpliance Officers at all times during the Walkarund Inspectin. Take written ntes f any pertinent cmments r bservatins that the Cmpliance Officers make, and take parallel phtgraphs, videtape, r measurements f anything that the Cmpliance Officers phtgraph, videtape, r measure. Designate smene t sit in n all management interviews. The Cmpany has a right t have smene present during any interview f a member f management, which typically includes managers frm first line fremen r supervisrs up t the Plant Manager r General Manager. A designated persn shuld always sit in n all management interviews. OSHA may interview hurly emplyees privately. Explain t all interviewees, bth hurly and management, that they d nt have t agree t have the interview either auditaped r videtaped and that they are under n bligatin t sign a statement that the Cmpliance Officers create frm the interview. If an emplyee elects t sign such a statement, the emplyee has a right t receive a cpy f that statement and shuld get a cpy at the cnclusin f the interview. Reprt the status f the inspectin each day t safety management. At the cnclusin f each day s inspectin, ask the Cmpliance Officers fr an infrmal summary f their bservatins primarily whether they bserve any apparent vilatins and ask what OSHA plans t d next. Reprt the status f the Editin: thinkhr.cm

5 OSHA INSPECTION CHECKLIST inspectin each day t the Safety Cntact persn crdinating the inspectin and fax a Reprt f OSHA Inspectin frm t Crprate Safety within 24 hurs f each days visit by OSHA Cmpliance Officers. Recrd apparent vilatins. During the clsing cnference, write dwn each apparent vilatin identified by the Cmpliance Officers, listing the specific OSHA Standard prvisin and the machines, emplyees, r wrk areas in questin. Review and frward citatins immediately. Make sure that a prcedure is in place t receive OSHA citatins and frward them immediately t Crprate Safety and the Safety Crdinatr wh has crdinated the inspectin. The failure t cntest citatins within 15 wrking days f receipt means that all f the cited items and prpsed penalties are final and cannt be appealed in any way. Editin: thinkhr.cm

6 ThinkHR 4457 Willw Rd., Suite 120 Pleasantn, CA Abut ThinkHR ThinkHR sets the standard fr quality and leadership in integrated HR slutins that cmbine the best f human expertise and innvative technlgy. ThinkHR ffers a clud-based platfrm supprted by live HR experts wh help emplyers and HR prfessinals ensure cmpliance and reslve peple-related issues quickly and efficiently. ThinkHR serves seven ut f 10 f the largest insurance brkerage firms in the USA, prviding expert HR cntent and training services t mre than 80,000 cmpanies emplying ne millin-plus peple. Backed by leading investment institutins, ThinkHR is headquartered in Pleasantn, Califrnia. Fr mre infrmatin, visit thinkhr.cm Editin: