OSHA – What to Expect When You’re Inspected (Following Federal Guidelines)

Overview  Discuss OSHA Inspections Being prepared for an OSHA Inspection The inspection process The closing conference Citation & penalties  Discussion of the most frequently cited standards in the landscaping industry

OSHA inspections  What instigates an OSHA inspection?  Imminent danger  Serious accident, illness, injury or death  Complaints  Permit inspection  General administrative plan

Recommendations  Appoint a key person  Accompany inspector, keep notes and observations of interest to inspector  Take photographs of items of interest to inspector  Formalize a report and send it to company attorney to establish an attorney-client relationship

Planning for an OSHA inspection  Be pro-active, not reactive  Most OSHA inspections are unannounced  Inspections may be triggered by, a serious accident, a disgruntled employee a type of work activity such as excavation or a high rise construction  To avoid penalties, maintain a safe workplace, comply with OSHA’s regulations, keep an updated 300 & 300A OSHA log, documentation of training, and current posters.  When you have a strong safety program, fewer accidents will occur.

Advanced Notice  In cases of imminent danger  Where it is necessary to conduct inspections at times other than regular working hours  Where advance notice is necessary to assure the presence of personnel needed to conduct the inspection  Where the commissioner determines that advance notice will insure a more effective and thorough inspection

Handling the inspection  OSHA inspector will arrive  Inspector will present his/her credentials  Adopt a written procedure for responding to an inspection.  Upon arrival, the inspector should be referred to the key person if not available inspector may wait for a reasonable period of time.

Opening conference  Inspector will explain the role of OSHA and ask to conduct an inspection.  You will be informed of the scope of the inspection  OSHA needs your consent to conduct an inspection.  If inspection is refused, inspector will inform you the he/she may be back with an inspection warrant issued by court. (It is not generally recommended to refuse the inspection.)

The walk-through  Inspection may be limited or encompass the entire facility.  Have available for review: Injury and Illness Program First Aid Cards OSHA Log 300 (updated to current date) OSHA posters (Filled-in with appropriate information) Written Safety Programs Emergency numbers Permit postings Documentation for safety training and job specific

Walk-through imminent hazards  If an inspector determines that a condition or practice creates an imminent hazard to the safety and health of workers, employer or affected workers the inspector can prohibit employees from using the area, machine or equipment that presents a hazard.  A yellow tag is placed conspicuously in the area and only an authorized OSHA representative can remove a yellow tag.

Closing conference  Will discuss any unsafe conditions observed.  May or may not issue citation.  OSHA has six months to issue a citation from time of inspection.  Inspector may want to review regulation or request additional testing.  Inspector may want to talk to the district manager.

Types of violations  De Minimus Violations that have no direct or immediate relationship to safety and health. (No citation or penalties)  Other Than Serious Not expected to result in serious injury or death (Up to $7,000)  Serious violation Substantial probability of death, injury or illness (Up to $7,000)

Types of Violations (cont.)  Repeat violation 2+ violations of same safety order within a 3 year period (Up to $70,000)  Willfull violation Knowing, intentional to harm ($5,000- $70,000)  Failure to Abate Failure to correct a violation by the abatement date (Up to $7,000 per day)

Appealing Citations  Request an informal conference with your OSHA Area Office – Should be requested within 5 working days of receiving the citation  Contesting the citation: you have 15 working days from date you receive citation

Informal Conference Why to request?  Better understanding of the standards  How to correct  Proposed penalties  Discuss how the penalties were computed  Discuss abatement dates  Problems concerning employee safety & health practices  Obtain answers to any other related questions

Appealing a citation  Contesting or not, cost compared to penalties  Willful or Criminal penalties contact your attorney for advise  Fix and document any citations  Take any previous documentation with you (inspections, trainings, maintenance records)  Be pro-active not re-active

Providing False Information  Upon conviction shall include a fine of not more than $10,000 or imprisonment for not more than 6 months or both

Follow-up Inspections  Posted the citation as required At or near the place of each citation Must remain posted for 3 working days or until the violation is corrected  Violations have been corrected  Interim measures are adequate during a multi-step or lengthy abatement period

Resources Websites Occupational Safety & Health Admin.  Hortica’s Loss Control & Safety Materials insurance.com/loss_control.asp insurance.com/loss_control.asp

Any Questions????