So, do you know how to handle it if OSHA shows up on your doorstep un-announced?

The fact is there are far more businesses to inspect than there are inspectors. This means that it you are not all that likely to have OSHA pay you a visit. Unless, of course, you get a complaint. Ever had a disgruntled employee? OSHA isn’t necessarily going to evaluate the credibility of a complaining party before going out to have a look around your business.

It may be your business but inspections are OSHA’s show. Treating the inspector like a VIP can go a long way in situations where the inspector’s discretion is involved. Being rude or defensive will not help your cause and could result in the inspector getting even with you for your insolence. Resist the urge to go do something else while the inspector is wandering around. Stay with the inspector during the entire visit and pay close attention to what the inspector does and does not like.

Afraid OSHA will inspect while you’re away? You have the right as a business owner/employer to be present during an inspection. Under the Occupational Safety & Health Act, business owners (employers) have the right to be present or designate a representative to act on his or her behalf during any investigation or inspection. Every business should identify those individuals who are authorized to act on behalf of the owner in his or her absence and provide specific guidance on the parameters of that authority.

Think of the interaction the way you would with an attorney cross-examining you on the witness stand. Make sure you understand a question before answering it. Answer questions directly without being wordy and refrain from volunteering information. In other words, don’t answer questions that you were not asked.

Inspectors like to pick an employee at random and give a pop quiz to test the effectiveness of your training program. For example, the employee might be asked to locate the MSDS for the solution you use in your portable eyewash station. If the employee stands there with a blank stare looking confused; you’re off to a bad start.  (This is why an MSDS Center is a good idea)

Inspectors like to see well-organized records that can be quickly retrieved. If you are spending a lot of time fumbling around and can’t seem to find what you are looking for, it gives the impression that you are trying to hide something. Should you give the inspector such an impression you can bet your bottom dollar that the inspector will dig as deep as possible to find out why.

After the walk-through is finished you want to find out what the inspector liked and didn’t like. Obviously you want to get a heads-up on something you are about to get dinged on and get a head start on corrective action. But, you also want the positive feedback on what you are doing well that impressed the inspector. Just keep in mind that you don’t want to prolong the inspector’s visit. The longer the inspector hangs around, the more time the inspector has to find something wrong.

If OSHA cites you, the notice will come in the mail. Generally, you will have seven to thirty days to make the required corrections. The letter will tell you how to go about appealing the citation. However, keep in mind that you had better have a leg to stand on. If you don’t, you’re not going to prevail and you will have wasted the time and money and the fine will stand. You’re better off spending your time and money correcting the deficiency.
By the way, OSHA considers the size of the employer, among other factors when determining the penalty to be proposed for any violation. Proposed penalties will be reduced by the following percentages in considering employer size:

•     60% penalty reduction may be applied if an employer has 25 employees or fewer
•     40% if the employer has 26-100 employees
•     20% if the employer has 101-250 employees

OSHA also has rules of conduct for inspectors. (Compliance Safety and Health Officers)
Subject to the provisions of §1903.3, inspections shall take place at such times and in such places of employment as the Area Director or the Compliance Safety and Health Officer may direct.

At the beginning of an inspection, Compliance Safety and Health Officers shall present their credentials to the owner, operator, or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records specified in §1903.3 which they wish to review. However, such designation of records shall not preclude access to additional records specified in §1903.3.
Compliance Safety and Health Officers shall have authority to take environmental samples and to take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any employer, owner, operator, agent or employee of an establishment.
 

If there’s any doubt in your mind as to what the two above paragraphs mean, I’ll sum it up for you.
OSHA can and will inspect whatever OSHA wants to inspect.

By Brian Scales

Note: A former Paramedic and Emergency Services Manager, Brian Scales teaches workshops and does safety consulting on Emergency Management for Businesses as well as Emergency Preparation. You can contact Brian by phone at 877-208-3109 or send an e-mail to brian@allsafetyproducts.biz

Copyright All Safety Products, Inc. 2003 Reprint Permission should be directed to Brian Scales.
(E-mail: brian@allsafetyproducts.biz)