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:: Meeker-Magner OSHA Inspection Help
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In order to enforce its rules and regulations, OSHA inspects workplaces of covered employers. OSHA will issue citations with monetary fines when violations are found.
OSHA will inspect based upon the following four priorities:
Imminent danger - It reasonably likely that a serious accident will occur immediately and would cause a serious or fatal accident.
Fatality or catastrophe - Accidents involving death or 3 or more employees being hospitalized as a result of the same accident.
Complaints and referrals - Formal employee complaint of a serious safety hazard in the workplace.
Programmed inspection - OSHA will randomly inspect workplaces with high injury rates or a history of past OSHA citations.
How the inspection process works
Presentation of Credentials
Upon arriving at the inspection site the compliance officer will present their credentials to the employer, owner, operator, or agent in charge of the site. The inspection will not be delayed unreasonably (more than 1 hour) while waiting for the company representative to arrive.
Opening Conference
After the presentation of the credentials, but before the tour of the work place, an opening conference will be held. During this conference the compliance officer will explain:
Why they are inspecting
Scope of the inspection
The compliance officer may request to see OSHA 200 logs, safety committee minutes, safety programs, and other such pertinent information.
Walk Around
The compliance officer will conduct a walk around of the workplace. The employer and a representative of the employees are allowed to accompany the officer. This allows both sides to monitor the inspection.
Inspection Techniques
Photographs or videotape may be taken or obtained by compliance officers during inspections. The compliance officer must ensure that use of such equipment would not be hazardous or cause unreasonable disruption in normal operations. The officer may also take environmental samples to test for health hazards. Any information obtained during the inspection that contains or might reveal a trade secret will be confidential and must be noted as such.
Employee Interviews
At any time during the inspection, compliance officers may interview employees. The interviews will be conducted as to interfere with the employee's duties as little as possible, but may be conducted away from the workplace if necessary.
Closing Conference
At the conclusion of the inspection the compliance officer will hold a closing conference. Although the officer will not make any commitments as to what enforcement will be taken, they generally discuss the violations found.
Citations
If violations were found citations may be issued. The employer will receive the OSHA 2 Form Citation and Notification of Penalty. This form contains a list of the violations and dates by which they must be corrected. They employer must post the citations in a prominent place until the violations have been abated.
Do's and Don't for an OSHA Inspection
Do's
- Remain calm and rational
- Check the inspector's credentials
- Ask why you are being inspected and the scope of the inspection
- Ask for a warrant only if you have good reason
- Treat the inspector as you would want to be treated
- Answer all questions directly
- Take notes
- Be patient
- Accompany the compliance officer during the inspection
- Ask questions
- Take photos when the compliance officer does
- Ask the compliance officer how to fix the violation
- Pay close attention at the closing conference
- Go to an informal conference and get matters cleared up
- Contest violations that you absolutely do not agree with
- Abate violations as quickly as possible, this shows good faith and may reduce your penalty
- Carry a radio during the inspection and call someone to correct the simple violations immediately. Let the officer know that it has been corrected before he or she leaves.
- Call the local OSHA office for assistance on correcting the violation(s)
Don'ts
- Ask for a warrant if you have no reason
- Tape record conversations with the officer
- Take the inspection personally
- Act unprofessionally
- Volunteer too much information
- Rush the inspection
- Move on until you understand the violation and how to fix it
- Think the officer will not find any violations
- Let abatement dates pass
- Forget to notify OSHA that you have made the corrections or are having problems making the corrections and need more time.
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