Guidelines for an OSHA Site Visit

Transcription

1 Guidelines fr an OSHA Site Visit These guidelines were created t assist yu in navigating an unannunced visit frm an OSHA cmpliance fficer. The infrmatin is intended as a general guide t best practices nly and is nt intended t prvide specific guidance r pinin, legal r therwise. If yu receive a citatin frm OSHA, depending n the severity f the alleged vilatins, it is recmmended that yu shuld cnsider getting yur legal representative invlved. Outline f the Prcess in 3 Phases Phase 1: Be Prepared ver. Phase 2: Jbsite Inspectin with a Cmpliance Officer When the Cmpliance Officer Arrives Opening Cnference Walk-Arund Inspectin Private Interviews Clsing Cnference Phase 3: Receiving a Citatin Infrmal Cnference Frmal Hearing Prcess Have a HazCm (SDS) Prgram and have a cpy available n site (i.e., electrnically r a hard cpy). Make sure yur emplyees have been trained n the FrameSAFE Safety Prgram. Make sure yur emplyees have been trained n yur cmpany s HazCm prgram. Dcument all emplyee training. Maintain yur OSHA Injury and Illness recrdkeeping (OSHA 300/300A). Have a cmpetent persn n site. Maintain all prper wrk-related certificatins (frk lift, aerial lift, craning and rigging, flagging etc.) Have a plan f actin fr when an OSHA Cmpliance Officer arrives n site and make sure yur emplyees are trained n the plan. This shuld include training yur emplyees t either cntinue wrking r stp wrk until the inspectin is Phase 1: Be Prepared Have a safety prgram based n OSHA 1926 and have a cpy available n site (i.e., electrnically r a hard cpy) Enterprise Lane Madisn, WI framerscuncil.rg Natinal Framers Cuncil is a cuncil f the Structural Building Cmpnents Assciatin (SBCA)

2 Phase 2: Jbsite Inspectin with a Cmpliance Officer When the Cmpliance Officer Arrives The cmpliance fficer shuld identify himself and shw his credentials. Take a cpy f the fficer s business card fr yur recrds. Escrt the cmpliance fficer t a predetermined lcatin n the jbsite (e.g., GC trailer, cmpany trailer, etc.). Ntify yur ffice/supervisr and the GC r hmebuilder yu are wrking fr when the cmpliance fficer arrives. Have a gd attitude, be respectful, be prfessinal. Yu have the right t: Opening Cnference Call the cmpliance fficer s ffice t verify the fficer s identity. Ask the cmpliance fficer t wait (a reasnable amunt f time) befre entering the site t allw an emplyer representative t arrive t assist the cmpliance fficer (cmpany wner, supervisr, safety directr). The OSHA inspectr shuld hld a brief meeting with emplyers and emplyees in a predetermined lcatin t explain why he r she is there and what t expect during the inspectin. If yu d nt understand the purpse r reasn f the inspectin, ask fr an explanatin. Dcument the fficer s explanatin fr the visit. Prvide infrmatin relevant t the purpse f the inspectin. Always tell the truth abut what yu knw, n need t elabrate n what yu dn t knw. The OSHA inspectr may ask fr dcuments relevant t the purpse f the inspectin (e.g., FrameSAFE safety prgram). If yu d nt have the requested dcuments (e.g., 300A, prf f certificatins, subcntractr cntracts, etc.), make ntes and ffer t send them t the inspectr at a later date. Take ntes as t questins asked and respnses given. Walk-Arund Inspectin Be mindful f hw yu enter the site r building, fcusing n the reasn fr the inspectin as defined by the fficer in the pening cnference. Limit the number f peple walking with the inspectr, preferably have 2 cmpany representatives. Always tell the truth abut what yu knw, n need t elabrate n what yu dn t knw. Be helpful when asked. D nt make dergatry remarks abut emplyees r wrkers. If cmpliance fficer makes ntes, inquire what he is writing abut and dcument the same items. If the cmpliance fficer takes pictures, ask what the phts are f. Make sure yu take the exact same pictures frm the same angles and dcument why the phts were taken. If a nted identifiable safety issue is fund, abate it immediately. Take pictures bth befre and after the abatement. Dcument hw the abatement tk place. If the cmpliance fficer ntes an identifiable safety issue, the cmpliance fficer culd ask fr the fllwing infrmatin: The persn s name, address and phne number Page 2

3 Cmpany they wrk fr Their task r duty Whether r nt they have been trained n what they are ding If yu feel the cmpliance fficer is incrrect in his identificatin f the safety issue, dcument yur reasns why yu feel he r she is incrrect. (D nt argue with the inspectr.) Keep in mind, the cmpliance fficer has the right t inquire abut nn-osha issues that pertain t ther state regulatry agencies, s he r she may ask questins regarding issues such as business licensing, taxatin and immigratin. Private Interviews In additin t interviews that may be cnducted during the walk-arund inspectin, the cmpliance fficer may request additinal private interviews with emplyees after the walk-arund inspectin is cmplete. At the beginning f the emplyee interview the cmpliance fficer shuld explain prtectins given t the emplyee under sectin 11(c) f the Occupatinal Safety and Health Act, which means all infrmatin given t the cmpliance fficer will be held in cnfidence and will nt be divulged t the extent allwed by law. Individual emplyees have the right t respectfully decline being interviewed by the cmpliance fficer if they d nt feel cmfrtable ding s. The emplyee has the right t request that an emplyee representative (e.g., anther emplyee) be present fr a private interview. The cmpliance fficer may prefer that this is nt a member f management. A unin emplyee has the right t request that an emplyee representative (e.g., unin steward, unin president, etc.) be present fr a private interview. If the cmpliance fficer requests an interview with an emplyer s representative yu may insist t have yur safety directr, a cmpany executive and/r yur attrney present. Clsing Cnference The cmpliance fficer will hld a clsing cnference with the emplyer r emplyer representative either immediately fllwing the walk-arund inspectin and private interviews r at later scheduled date. At the cnference, the cmpliance fficer will discuss pssible vilatins that culd be recmmended t lead int a citatin. Take ntes as t questins asked and respnses given. Be sure t understand what fllws after the inspectr leaves (e.g., any dcuments requested). Make sure it is clear t the fficer wh will be the primary pint f cntact after the cnference is ver (e.g., safety directr r wner). After the clsing cnference, yu have the right t reach ut t the cmpliance fficer t discuss any cncerns r additinal questins that yu may have abut the visit. Make sure that any ptential vilatins are immediately abated and dcumented. D additinal training with all emplyees fr thse ptential vilatins. Maintain gd recrds f the additinal training prvided t the emplyees in the event the cmpliance fficer requests it. OSHA has up t six (6) mnths after the date f inspectin t issue a citatin. Page 3

4 Phase 3: Receiving a Citatin The citatin will arrive via certified mail with return receipt. Depending n the severity f the alleged vilatins, yu shuld cnsider getting yur legal representative invlved at this pint. Yu must abate all alleged vilatins, by the dates listed in the citatin. Dcument the prcess using the frms prvided with the citatin. The citatin must be psted until the vilatin(s) have been abated, r fr three (3) days, in a prminent place at r near the lcatin f the vilatin(s). The penalty amunts must be marked ut r cvered up prir t psting. If yu are requesting an infrmal hearing, it is recmmended t take a pht f the psted citatin fr dcumentatin purpses. It is recmmended that yu ntify yur emplyees f the alleged citatin t make them aware f the issue t ensure nging jbsite safety. Yu have tw ptins n what t d with the citatin: Accept the citatin: Sign it, write a check and return it with yur return receipt alng with any necessary dcumentatin per the frms prvided with the citatin. Keep in mind that, in ding this, thse citatins are dcumented within OSHA and will be kept n yur recrd. Therefre, if yu are cited fr these citatins a secnd time, OSHA culd cite yu fr a repeat r pssible willful citatin that culd be valued at 10 times yur riginal citatin. Any emplyer wh willfully vilates any standard, rule, r rder prmulgated pursuant t sectin 6 f this Act, r f any regulatins prescribed pursuant t this Act, and that vilatin caused death t any emplyee, shall, upn cnvictin, be punished by a fine f nt mre than $10,000 r by imprisnment fr nt mre than six mnths, r by bth; except that if the cnvictin is fr a vilatin cmmitted after a first cnvictin f such persn, punishment shall be by a fine f nt mre than $20,000 r by imprisnment fr nt mre than ne year, r by bth. (OSHA Field Operatins Manual, Sec. 17e) Cntest the citatin: If the emplyer disagrees with the citatin, they have 15 wrking days t cntest the citatin, but befre cntesting, they can and shuld request an infrmal cnference. Once they submit a ntice f cntest, the legal prcess has started and an infrmal cnference culdn t be cnducted. T have the infrmal cnference, yu must cntact the apprpriate state (if issued by the state) r federal (if issued by the federal) health directr f the reginal ffice. The ffice yu wuld need t cntact wuld be listed in yur citatin. Yu are required t ntify yur emplyees that yu are requesting an infrmal hearing and prvide them with the time and place f the hearing. Within yur citatin package, yu shuld receive a biler plate dcument fr ntifying yur emplyees f the infrmal cnference. It is recmmended that during the request fr the infrmal cnference yu als draft a secndary request, stating that if yu are nt satisfied with the utcme f the infrmal cnference, that yu wuld like t mve frward with a ntice f cntest (which means yu will be ging befre a judge t reslve the citatin). Make sure in drafting the secnd letter yu understand what department r persn that request shuld g t as well as any ther state r reginal requirements regarding hw t request a frmal hearing. If yu have nt cntested and ntified OSHA in writing in 15 days f receiving this citatin, the citatin and penalties will becme a final rder f the Cmmissiner f Labr and Industry. If this ccurs, thse citatins are dcumented within OSHA and will be kept n yur recrd. Therefre, if yu are cited fr these citatins a Page 4

5 secnd time, OSHA culd cite yu fr a repeat r pssible willful citatin that culd be valued at 10 times yur riginal citatin. Infrmal Cnference G prepared, bring the fllwing: A cpy f the citatin. Dcumentatin f the citatin being psted (e.g., phtgraphs, etc.) and ntificatin prvided t emplyees. Dcumentatin f the citatin being abated (e.g., phtgraphs, required frms, etc.). A cpy f yur FrameSAFE safety manual. Dcumentatin f training that has been given t yur emplyees pertaining t the citatin (e.g., Tlbx Talks, certificatins, etc.). Dcumentatin and examples f yur disciplinary actin prgram. Any additinal training r retraining sessins that pertain t the alleged vilatin. Any swrn statements that may help yu mitigate the citatin. What t expect frm the Area Directr during the infrmal cnference: Sme negtiatin abut pssible price reductins fr the citatin and/r changing the citatin frm Serius t Other-Than Serius. His r her best effrt t get yu t sign an ffer settlement agreement and nt mve frward t a frmal hearing. If yu sign this agreement, yu will be waiving yur right t request a frmal hearing. At this pint, the citatin will be dcumented within OSHA and will be kept n yur recrd. Therefre, if yu are cited fr these citatins a secnd time, OSHA culd cite yu fr a repeat r pssible willful citatin that culd be valued at 10 times yur riginal citatin. Practive measures t demnstrate yur cmpany s cmmitment t safety and nging educatin prir t the infrmal hearing include: Frmal Hearing Prcess OSHA has a Vluntary Prtectin Prgram (VPPS) the prgram is designed t create a cperative atmsphere between emplyers and emplyees. OSHA als has a Cnsulting Service. These prgrams are nt run by OSHA enfrcement persnnel and are n cst prgrams t the emplyer. The Cnsulting Service is designed t help emplyers imprve their safety standards and prmte a safe wrkplace. Getting invlved in ne r bth f these prgrams culd help in negtiating a reductin f fines and the pssibility f negating the citatin. If yu are unable t cme t a settlement agreement in an infrmal hearing, it is recmmended that yu get an attrney wh is familiar with OSHA regulatins and/r labr law invlved. With the help f yur attrney, fllw the OSHA (state r federal) guidelines fr what will take place during the frmal hearing prcess. Reference any specific infrmatin prvided at the time f the citatin r refer t the Guide t Review Cmmissin Prcedures frm the Occupatinal Safety and Health Review Cmmissin. Page 5