By Chip Dawson Rochester Business Alliance Safety Consultant
In the July/August newsletter, we talked about the new, tougher approach to occupational safety and health being taken by the Occupational Safety and Health Administration. If you are not making a good faith effort to comply, the "new" OSHA should give you pause. But for most, OSHA need not be a source of fear and trembling.
To increase your comfort with the agency and its compliance safety and health officers (CSHO), this issue will deal with what you can expect if OSHA does call. Our source is the new Field Operations Manual (FOM), a major revision that provides the field offices with guidance on conducting inspections.
One of the most frequent questions I hear is "What triggers an OSHA inspection?" In order of priority, inspections address: imminent danger, fatality or catastrophe, complaints or referrals, and programmed inspections. With the first three, the employer holds the key. If you maintain a safe workplace, take steps to prevent significant incidents and have positive employee relations that make complaints unnecessary, you may go decades without OSHA contact.
Programmed inspections are most often special emphasis programs targeting industry segments or employers that are known to have injury levels significantly higher than average. These will come as no surprise, since nationwide press releases and letters to employers usually precede inspections. The days of receiving a random visit are long gone.
Another frequent question: "If I call OSHA, will it trigger a compliance visit?" The answer is a firm "NO!" Federal law requires OSHA to have programs to provide guidance and compliance assistance to small employers (500 or fewer employees). These programs provide information and advice about compliance with the statutes, regulations and interpretations. All requests from employers or employees for compliance information or assistance receive timely, accurate, and helpful responses, not an inspection.
Once OSHA decides to visit, the CSHOs research the company's history. The agency has extensive records on past inspections and the CSHO will be prepared to ask the right questions and look at areas of possible concern. For example, if you previously asked OSHA to get a warrant to visit your operation, the agency may likely obtain a warrant in advance for the current visit.
After credentials are presented and the purpose of the visit explained, the CSHO will ask for some data that may surprise you. He or she will want to see a copy of your PPE hazard assessment, a list of the chemicals on site and their respective maximum intended inventories, and injury and illness records for the three prior calendar years. They will also examine your safety and health system to determine good faith for the purposes of penalty calculation.
The CSHOs will inform you that a digital camera, video camera and/or an audio recorder may be used to provide a record of the visit along with handwritten notes. If you have trade secrets you want protected, they will tell you how those secrets will be protected by the agency, but they are prohibited from signing any form or agreeing to any waiver.
If you have HSE questions or column suggestions, or would like to be added to the e-mail HSE Update list, contact Chip Dawson at (585) 461-1549.