ARE YOU PREPARED FOR A VISIT FROM

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1 ARE YOU PREPARED FOR A VISIT FROM OSHA? BY JESSICA LEVY When dealing with shop health and safety issues, planning and implementing an overall strategy are essential. Preparedness also will put you on firm footing in the event of an OSHA inspection. Over a year ago, the Occupational Safety and Health Administration (OSHA) placed automotive repair businesses on its planned investigations list. Since then, inspectors have been visiting shops in different parts of the country. To save time and money, businesses should make sure they re in compliance by reviewing their safety programs before a visit. Because there are so many businesses in this country, OSHA focuses its inspection resources on the most hazardous workplaces in the following order of priorities: Imminent danger situations where hazards could cause death or serious physical harm. Fatalities and catastrophes. Complaints. Referrals from other agencies, individuals and the media. Follow-ups from prior inspections. Planned or programmed investigations. These are aimed at specific highhazard industries that have experienced high rates of injuries and illnesses. Auto repair shops are on this list. In the two years between January 2003 and January 2005, OSHA inspectors performed planned and complaint visits to 820 general repair shops, 1309 body and paint shops and 416 dealership service departments. When an inspector comes to call, let him in! OSHA normally conducts inspections without advance notice. Employers have the right to require compliance officers/inspectors to obtain an inspection warrant before entering the place of business, but this tends to set a bad tone with the inspector. Be pleasant and responsive. Any other behavior could give the impression that you have something to hide. The Inspection Process At the beginning of the visit, the inspector will usually explain why OSHA has selected the shop for inspection, describe what will be inspected and cover the walk-around procedures. The shop owner can select a representative to accompany the inspector during the in- Photos: Karl Seyfert; photo illustration: Harold A. Perry 48 April 2005

2 spection. In larger shops, an authorized employee representative, if there is one, also has the right to observe the inspection. The inspector will probably consult privately with a reasonable number of employees as part of the inspection. This is an important point for the shop owner. The inspectors tend to question employees on how much they really know about topics in which they must be trained. If employees do not illustrate that they have the knowledge they should have acquired from proper training, the employer can be fined. In other words, the shop owner is responsible for not only providing the required training, but also for making sure the employees understand what they were taught. The inspector and representatives will walk through the portions of the shop covered by the inspection. The inspector will be looking for hazards that could cause employee injury or illness. During the walk-around, the inspector may point out some violations that can be corrected immediately. The law requires that these hazards be cited, but prompt correction is a really good idea. Finally, expect a closing meeting with the employer and the employee representative to discuss the findings and possible courses of action the shop owner can take. OSHA must issue a citation and proposed penalty within six months of the violations occurrence. Citations describe the OSHA requirements that were allegedly violated, list any proposed penalties and give a deadline for correcting the alleged hazards. What Inspectors Look For Inspectors may do a complete or partial inspection of a shop. Here are some examples of what they tend to look for: Programs for required training. OSHA requires specific training, depending on the type of business. A safety and health program. This indicates a shop s commitment to a safe work environment. Injury and illness records. Record keeping is not required for auto repair shops with fewer than ten employees, but it s a good idea to keep them anyway. Personal Protective Equipment (PPE). Hazards within the workplace April

3 ARE YOU PREPARED FOR A VISIT FROM OSHA? that require PPE need to be identified. PPE that s needed should be provided and maintained. Flammable and combustible materials. These need to be clearly identified and properly stored and contained. Fire extinguishers. The correct number and type need to be provided and properly maintained. Tools and equipment. All hand and power tools and equipment must be properly maintained and in good condition. Lock Out/Tag Out procedures (LOTO). All machinery/equipment capable of movement must be deenergized or disengaged and locked out during cleaning, servicing, adjusting and setup. There must be designated procedures and training. An important LOTO violation in auto shops involves vehicles being repaired that have not been properly locked and tagged out. Electrical system. Includes properly grounded extension cords, no multiple-plug adapters, proper grounding and double insulation for portable tools and equipment, no exposed wiring or frayed cords and labels on switches and circuit breakers. Signs. Safety signs such as No Smoking and Exit must be present in appropriate locations. Housekeeping. The shop must be neat to eliminate slipping and tripping hazards. Spills should be cleaned up immediately. Likewise, blood and other bodily fluids must be cleaned up immediately, following all proper procedures. Walkways and stairs/stairways. Aisles and passageways must be kept clear, marked appropriately and kept from being slippery. Stairs must be the right size and properly guarded. Floor and wall openings. These need to be guarded or covered. Elevated surfaces. These need to be safe to use and guarded. Machinery. This equipment must be guarded where appropriate, with cords that are safe to use. For example, grinding wheels need to be in good shape, with proper air gaps and guards. Confined spaces. Most shops do not have these. However, shops with vehicle service pits need to make sure that the same safe working con- 50 April 2005 Safety signs like this one serve as silent reminders to work safely. Other signs noting the locations of fire extinguishers and emergency exits should also be prominently displayed. Emergency exit signs should be illuminated if required by local fire regulations. What s the condition of your shop s electrical system? Could you find a specific breaker to quickly kill the power to a damaged piece of equipment in an emergency? Take the time to clearly label all breakers and make updates to the shop electrical system as necessary. ditions are maintained in these areas. OSHA uses a grading system for violations, based on their severity. From least to most serious, they are: otherthan-serious, serious, willful, repeated and failure to abate. Penalties may range up to $7000 for each serious violation and up to $70,000 for each willful or repeated violation. Penalties may be reduced based on an employer s good faith, inspection history and size of business. For serious violations, OSHA may reduce the proposed penalty based on the gravity of the alleged violation. No good faith adjustment will be made for alleged willful violations. Most Frequently Cited/Fined Standards for Automotive Repair Facilities While OSHA has been visiting automotive small businesses for years, there has been a recent increase in the number of inspections made. Here are the most common Standards for which automotive repair facilities have been cited and/or fined: General Repair Shops Hazard Communication Abrasive Wheel Machinery Personal Protective Equipment (PPE) Electrical Wiring Methods, Components and Equipment Portable Fire Extinguishers Oxygen-Fuel Gas Welding and Cutting Guarding Floor and Wall Openings and Holes Medical Services and First Aid Dealership Service Departments Body, Paint, Top & Upholstery Repair Shops Hazard Communication Respiratory Protection Hazard Communication Spray Finishing with Flammable/Combustible Materials Flammable and Combustible Liquids Personal Protective Equipment (PPE) Air Contaminants Portable Fire Extinguishers Sanitation Electrical Systems Design, General Requirements Medical Services and First Aid Portable Fire Extinguishers Respiratory Protection Abrasive Wheel Machinery Walking/Working Surfaces, General Requirements Electrical Systems Design, General Requirements Flammable and Combustible Liquids Personal Protective Equipment (PPE)

4 All shop equipment must be kept in safe operating condition. That means no leaking hydraulic jacks or frayed electrical wiring. The plexiglass safety guards are present on this grinder, but the tool rests could use some work. The Right to Know Standard As noted in the violation lists in the box on the previous page, Hazard Communication is the number one inspection violation for general repair shops and dealership service departments (it s number two for body and paint shops). From October 2003 to September 2004, 186 automotive dealership service departments and body and auto repair shops were cited for the Hazard Communication Standard. There are many chemicals used by automotive repair shops. When mishandled or misused, some can cause injury and/or illness. For example, certain chemicals can cause skin irritations, internal and external burns and permanent damage to the body if allowed to contact bare skin. Overexposure to some refrigerants can cause heart irregularities and unconsciousness. Battery acid can cause skin irritation and burns. Many of these problems could be reduced or eliminated if employees received proper training and instruction on the safe handling of these materials. OSHA s Hazard Communication Standard (also known as the worker Right to Know Standard) covers all workers exposed to hazardous chemicals in the workplace. This Standard is based on the simple concept that employees have both a need and a right to know the hazards and the chemicals to which they re exposed when working. They also need to know how to safely work with them. An established Right to Know program, which follows the Standard, provides that information, helps keep the shop safe for the employees and ends any chance of the shop owner being fined for not having a program. The lack of a Right to Know program or implementing an insufficient program are two of the primary reasons shop owners are fined by OSHA under the Hazard Communication Standard. The Right to Know Standard requires: A written Hazard Communication plan. Identification of hazardous materials (an inventory). Labels on hazardous chemical containers. Material Safety Data Sheets (MSDS) for all hazardous chemicals. Training for exposed employees. All workplaces where employees are exposed to hazardous chemicals must develop a written plan that describes how the Right to Know Standard will be implemented. The written plan should provide enough details about training to show that a good faith effort is being made to provide the appropriate training. The written plan must be made April

5 ARE YOU PREPARED FOR A VISIT FROM OSHA? Any vehicle that s going to be out of commission for a period of time should be clearly marked as such. To prevent accidental damage, the keys should be removed from any partially disassembled or otherwise incapacitated vehicle. available to employees and their representatives. One of the first items an OSHA inspector asks for is a facility s written Right to Know plan. If the plan is complete, it helps make a good impression and tends to provide the foundation for a positive audit. The written plan has to reflect what an employer is doing in that specific business. A generic written plan can be used as a starting point, but it must be made specific to each business. Inventory Hazardous Chemicals All hazardous chemicals in the workplace must be identified and listed in an inventory. The following are typical topics for a hazardous chemical inventory: MSDS number. Chemical name. Manufacturer. Location in shop. First aid information. Containers of hazardous materials must be labeled. Manufacturers, producers and importers of hazardous chemicals are required to label all containers before they re shipped. If a business that uses the hazardous material transfers some of it to another container, that business is responsible for labeling the second container. An exception to the label rule are portable containers. An employee can transfer a quantity of hazardous material into a container without a label, if the material is used immediately, or during the same work shift and it is kept under supervision. None of the chemical can be left in the unlabeled container. Why is the portable container rule important? Here is a true story: An unlabeled container of acetone was in a body shop. Thinking it was something to drink, a 21-year-old woman waiting for her technician boyfriend drank some of the acetone, causing permanent damage to her throat and stomach. Material Safety Data Sheets A Material Safety Data Sheet (MSDS) must be readily available for every hazardous chemical in your facility. Whenever a new chemical is brought into the shop, make sure an MSDS is placed in the MSDS book. Ask your suppliers to always send an MSDS with each new chemical, and whenever that MSDS is updated, as well. If an MSDS is not provided, ask for one from the manufacturer or distributor. Manufacturers, importers and distributors of hazardous chemicals are required to provide MSDSs to the businesses to which they ship chemicals. These data sheets must be readily available to employees when they re in their work areas. Employees should not be allowed to use any chemicals until an MSDS is available. Trying to read one for the first time and help a worker who has been harmed by the chemical is not a good idea. Prior training will reduce the chance of additional injury to the worker in trouble. 52 April 2005

6 ARE YOU PREPARED FOR A VISIT FROM OSHA? MSDSs vary in length and format, but must be in English and contain similar basic information. MSDSs in other languages should be provided as well if there are employees who do not understand English and if an interpreter is not available at all times. The required sections for an MSDS are shown in the box below. Training Employees exposed to hazardous chemicals must be trained to identify them and to read and understand labels and MSDS materials. The training should also include any work practices and/or personal protective equipment that must be used around the chemicals. Every time a new hazardous chemical is placed in a shop, all employees exposed to it must have a training session on the Right to Know issues. The Right to Know rule does not require employers to maintain records of employee training, but it s a good idea to keep them in case you re audited by OSHA. Regardless of who does the training, the employer is ultimately responsible for ensuring that employees are adequately trained. If the compliance officer finds that training is deficient, the employer will be cited. It s in a shop owner s best interest to review his safety program now to Required Sections of a Material Safety Data Sheet (MSDS) Section 1: Identification Section 2: Hazardous Ingredients/Identity Information Section 3: Physical/Chemical Characteristics Section 4: Fire and Explosion Data Section 5: Reactivity Data Section 6: Health Hazard Data Section 7: Precautions for Safe Handling and Use Section 8: Control Measures Material Safety Data Sheets are available for all of the potentially hazardous materials used in an average shop. This MSDS for brake cleaner covered three pages. Keep all MSDS material in a binder that s readily accessible to all shop employees and make sure everyone has been acquainted with the proper handling of all materials described in the binder. make sure it s in compliance. Following OSHA regulations avoids the possibility of penalties, tends to decrease the number of sick days taken by employees due to preventable illness or injury and lowers Workers Compensation and insurance rates. Jessica Levy, owner of Fun and Easy Learning, LLC, in Vinton, Iowa, has worked in the automotive and education fields for over 32 years. She has presented environmental, health and safety seminars across the country and is the author of EPA and OSHA Compliance For Automotive Small Businesses and School Career Programs and The Right to Know: Chemicals in the Workplace, among other books. For additional information, call , or go to Visit to download a free copy of this article. 56 April 2005