Disclaimer This information is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www.osha.gov.

OSHA Inspections American Mushroom Institute General Meeting April 18, 2019 Hartefeld National, Avondale, PA

How are OSHA Inspections Conducted? The OSH Act authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times. OSHA conducts inspections without advance notice, except in rare circumstances (e.g. Imminent Danger) In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term.

Inspection Types Un-Programed- Imminent Danger Programed Inspections- Publically Announced- Generated Lists, and Emphasis Programs-NEPs, REPs, LEPs Un-Programed- Imminent Danger Catastrophes and fatal accidents Complaints and referrals

OSHA Inspection Priority Category of Inspection 1st Imminent Danger: Reasonable certainty an immediate danger exists 2nd Fatality/Catastrophe: Reported to OSHA; inspected ASAP 3rd Complaints/Referrals: Worker or worker representative can file a complaint about a safety or health hazard 4th Programmed Inspections: Cover industries and employers with high injury and illness rates, specific hazards, or other exposures.

OSHA Site Specific Targeting Uses employer-submitted Calendar Year 2016 Form 300A data. SST is OSHA’s specific targeting inspection plan for non-construction workplaces that have 20 or more employees Prior to 2014, SST programs used injury and illness information collected under the former OSHA Data Initiative. Helps OSHA achieve its goal of ensuring that employers provide safe and healthful workplaces by directing enforcement resources to those workplaces with the highest rates of injuries and illnesses.

OSHA Site Specific Targeting Description of the Site-Specific Targeting 2016 (SST-16) Selects establishments with elevated DART rates Rates for manufacturing and non-manufacturing are set as selection criteria to achieve a 50/50 representation on the list Selects a random sample of establishments that did not provide the required 2016 Form 300A data OSHA will include a random sample of low-rate establishments for quality control purposes Effective Date: October 16, 2018

OSHA Site Specific Targeting Procedures- Worksite Clarification- Industries without Permanent Workplaces- Visiting the central office OSHA will determine active worksites Office-Only Sites- The SST is not intended to include establishments that are only office environments OSHA will determine to what site or sites the data applies, then inspect that site or one of the sites

OSHA Site Specific Targeting Deferrals- SHARP Establishments may be granted a deferral from OSHA programmed inspections On-Site Consultation visit “in progress” at an establishment will take priority over OSHA programmed inspections Voluntary Protection Programs (VPP) Applicants- When a VPP on-site review has been scheduled, the Area Director will remove the applicant from any programmed inspection list

How Inspections are Initiated Inspector’s credentials Opening conference- Consultation? Employer Rep? Employee Rep? How we got there- Purpose Scope

How Inspections are Conducted Walkthrough Accompanied by ER and EE Reps Interacts with EEs (11 c) Photos Videotapes 300s, Poster, Programs, Manuals, Procedures, Interviews, Plans, Samples… Corrected During Inspection

Finishing on site Closing conference- Attended by ER and EE Reps Employer Rights and Responsibilities Following an OSHA Inspection (OSHA 3000) Conditions observed and indicates all apparent violations for which he or she may issue or recommend a citation and a proposed penalty

Post Inspection Citations- Inform the employer and employees of the regulations and standards alleged to have been violated and of the proposed length of time set to correct alleged hazards. The employer will receive citations and notices of proposed penalties by certified mail. The employer must post a copy of each citation at or near the place a violation occurred for 3 days or until the violation is abated, whichever is longer.

Post Inspection Choices- Accept the Citation, Post, and Respond with Penalty and Abatement Verification or Documentation Request an Informal Conference Written Notice of Contest

Criminal Cases The OSH Act provides criminal sanctions for three types of conduct: ( I) willfully violating a specific standard, and thus causing the death of an employee; (2) giving advance notice of OSHA inspection activity; and (3) falsification of documents filed or required to be maintained under the OSH Act.

VIOLATION TYPE PENALTY WILLFUL A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. OSHA may propose penalties of up to $132,598 for each willful violation, SERIOUS A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. There is a mandatory penalty for serious violations which may be up to $13,260. OTHER-THAN-SERIOUS A violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm. OSHA may propose a penalty of up to $13,260 for each other-than-serious violation. REPEATED A violation that is the same or similar to a previous violation. OSHA may propose penalties of up to $132,598 for each repeated violation.

Penalty Adjustment Level Prior to Change Maximum Penalty August 2016 (catch-up) Maximum Penalty 2019 Serious $7,000 $12,471 $13,260 OTS Willful or Repeat $70,000 $124,709 $132,598 FTA $7,000 per day $12,471 per day $13,260 per day

Size Adjustment # Employees 2016 Percent Reduction 1-10 60 70 11-25 26-100 30 101-250 10 251 or more None

Most Frequently Cited OSHA Standards NAICS Code: 111411 Mushroom Production October 2017 through September 2018 Standard Citations Inspections Penalty Description Total 5 $146,238 All Standards cited for Mushroom Production 5A0001 3 $144,488 OSH Act General Duty Paragraph 19040039 1 $1,750 --- No Description Found --- 19100134 $0 Respiratory Protection.

INTRODUCTION TO OSHA Lesson Thank You! Revised 04.2014