1. 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

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

3. 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.

4. 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

5. 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.

6. 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.

7. OSHA Site Specific Targeting
Description of the Site-Specific Targeting (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

8. 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

9. 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

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

11. 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

12. 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

13. 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.

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

15. 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.

16. 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.

17. 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

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

19. Most Frequently Cited OSHA Standards
NAICS Code: 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 1
$1,750
--- No Description Found --- $0
Respiratory Protection.

20. INTRODUCTION TO OSHA Lesson Thank You!
Revised