1. What to Expect During an OSHA Inspection
What to Expect During an OSHA Inspection? (Following OSHA Federal Guidelines) Presented by: Zach Bruce

2. 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 Green Industry
Overview of OSHA standards
Photos of possible citations

3. OSHA Inspections What instigates an OSHA inspection? Imminent danger
Serious accident, illness, injury or death
Complaints
National/Local Emphasis Plan(s)
Local plans:
National Plans:
Programmed inspections

4. Imminent Danger Highest priority level
Must notify employees and remove workers from the hazard
If you refuse to remove your workers
Inspector will
Tag the area (only an OSHA officer can remove the tag)
Inform your employees of the hazard(s)
Obtain a restraining order from the nearest federal district court

5. Planning for an OSHA Inspection
Have a plan in place before the arrival of OSHA, which includes:
Employee training – Greeter, key person(s), other employees
Where to have the OSHA Officer wait if necessary
Whether or not you are going to require a warrant
Materials available to the key person – notepad, camera, video camera (optional)

6. When May Advanced Notice be Given?
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 ensure a more effective and thorough inspection.
Notice will typically be less than 24 hours.

7. Arrival of the Inspector
OSHA inspector will arrive at your business or jobsite.
Inspector will present his/her credentials.
Upon arrival, the inspector should be referred to the key person.
If not available the inspector may wait for a reasonable period of time (1 hour).
Have a designated area for the inspector to wait.

8. 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.)

9. The Walk-Through
Inspection may be limited or encompass the entire facility.
Have the following available for review:
Written Safety Programs
Documentation of Safety Training
OSHA 300 Injury & Illness Logs
Accompany inspector, keep notes and observations of interest to inspector
Take photos of items of interest to inspector
DON’T OFFER ANY INFORMATION UNLESS IT IS ASKED FOR!!

10. Employee Interviews - Rights
OSHA may want to speak with them about a particular incident or complaint, or about safety issues in general.
The employee has the right to be interviewed or may decline.
If the employee so desires, he or she can request that a manager be present during the interview, but that the interview may also be done privately.
If the employee desires legal counsel, he or she should so advise the inspector.
If the employer agrees to make its legal counsel available and the employee agrees to representation by this attorney, the employee has the right to have such counsel represent them at the interview.
Under any circumstance, the employee must answer the inspector’s questions truthfully, and must not speculate as to what the answer may be if the employee does not personally know the answer.
The employee has the right to end the interview at any time.
The employer can not retaliate, in any way, against an employee for participating in an OSHA interview or for telling an OSHA inspector the truth.

11. Closing Conference Will discuss any unsafe conditions observed.
Will not issue citation(s) at this time.
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/area manager.

12. Types of Violations De Minimus Other Than Serious Serious Violation
Violations that have no direct or immediate relationship to safety and health.
Other Than Serious
Not expected to result in serious injury or death.
($0 to $1,500)
Serious Violation
Substantial probability of illness, injury or death. ($1500 to $7,000)

13. Types of Violations (cont.)
Repeat Violation
2+ violations of same safety order within a 3 year period. (Up to $70,000)
Willful Violation
Violation where an employer knowingly and intentionally commits. ($5,000-$70,000)
An employer who is convicted in a criminal proceeding of a willful violation of a standard that has resulted in the death of an employee may be fined up to $250,000 (or $500,000 if the employer is a corporation) or imprisoned up to 6 months, or both.
Failure to Abate
Failure to correct a violation by the abatement date. (Up to $7,000 per day)

14. Contesting 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.

15. Why request an Informal Conference?
Show that you have corrected the citations
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
It is almost always recommended to request
an informal conference.

16. Contesting a Citation Contesting or not, cost compared to penalties
Willful or Criminal penalties contact your attorney for advise
Fix and document any citations unless you are contesting that it isn’t a hazard (include photos)
Take any previous documentation with you (inspections, trainings, maintenance records)
Be pro-active not re-active

17. Ways to Face Criminal Charges
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.
Assaulting a compliance officer or otherwise resisting, opposing, intimidating, or interfering with a compliance officer in the performance of his or her duties is a criminal offense and is subject to a fine of not more than $5,000 and imprisonment for not more than 3 years.

18. Follow-up Inspections
Verify you have posted the citation as required (up to a $7000 fine if not posted).
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.

19. Ornamental Floriculture and Nursery Products SIC 0181 10/08 – 09/09
Standard
#Cited
#Insp
$Penalty
Description
Total 22 5
16875 3
6000
The control of hazardous energy (lockout/tagout). 4 2
2500
Respiratory Protection.
Forms. (Recordkeeping) 1
1000
Mechanical power-transmission apparatus.
1750
General requirements. (Electrical)
Wiring design and protection.
General requirements. (PPE)
875
Powered industrial trucks.
Woodworking machinery requirements.
500
Wiring methods, components, and equipment for general use.
750
Hazard Communication.

20. Lawn & Garden Services SIC Code 0782 10/08 – 09/09
Standard
#Cited
#Insp
$Penalty
Description
Total
320
115
177689 43 17
5550
Hazard Communication. 28
17412
Eye and face protection. 25 22
14635
General requirements. (PPE) 23 21
16179
Vehicle-mounted elevating and rotating work platforms.
5A.001 19
24251
 (General Duty Clause) 16
8390
General requirements for all machines. 14 7
4088
Respiratory Protection. 12 5
3505
Occupational noise exposure. 11
6559
The control of hazardous energy (lockout/tagout). 9
4137
Head protection.

21. Ornamental Shrub & Tree Service SIC Code 0783 10/08 – 09/09
Standard
#Cited
#Insp
$Penalty
Description
Total
303
120
248654 53 49
57856
Vehicle-mounted elevating and rotating work platforms. 39 32
35052
Head protection. 34 22
23935
General requirements. (PPE)
5A.001 26 23
29018
 (General Duty Clause) 25
14220
Eye and face protection. 21 9
3210
Hazard Communication. 14 6
7465
Crawler locomotive and truck cranes. 11 4
22575
Electric Power Generation, Transmission, and Distribution. 10 7
7565
Selection and use of work practices 1
9150
Logging operations.

22. Masonry, Stone Setting, and Other Stone Work SIC 1741 10/08 – 09/09
Standard
#Cited
#Insp
$Penalty
Description
Total
7305
1811
3486
1196
General requirements. (Scaffolds)
565
271
105087
Hazard Communication.
430
378
211468
Training requirements. (Scaffolds)
357
317
410071
Duty to have fall protection.
248
245
143105
Head protection.
213 88
59650
Respiratory Protection.
205
189
142400
Additional requirements applicable to specific types of scaffolds.
181
124
103403
Ladders.
159
142
96378
General safety and health provisions.
130
127
65186
Eye and face protection.

23. Special Trade Contractors (Not Elsewhere Mentioned) SIC Code 1799 10/08 – 09/09
Standard
#Cited
#Insp
$Penalty
Description
Total
2854
1042
339
147
367182
General requirements. (Scaffolds)
271
250
311237
Duty to have fall protection.
257
224
209528
Aerial lifts.
132 56
45383
Respiratory Protection.
128 97
60872
Ladders.
127
119
70903
Training requirements. (Scaffolds)
118 70
21146
Hazard Communication. 94 90
46975
Training requirements. (Fall Protection) 89 16
46715
Lead 88
43450
Head protection.

24. General Duty Clause (Catch-All Phrase)
Requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees". This section may be used to cite hazards for which there are no specific standards, such as ergonomics.

25. Written Safety Program
Parts of the program:
Safety Policy Statement
Employer Information
Designation of Safety Responsibilities
Employee Reporting and Conduct
Hazard Identification Procedures
Hazard Correction Procedures
Accident Investigation
Disciplinary Procedures
Employee Training
Recordkeeping

26. RECORDKEEPING
If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records
Recordable injuries and illnesses include: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or significant injury or illness diagnosed by a physician

27. OSHA 300 LOG

28. OSHA 300A

29. HAZCOM (Hazard Communication)
Parts of the program:
Hazard determination and identification
Hazardous substance inventory
Labels
Material Safety Data Sheets (MSDS)
Employee training
Recordkeeping

30. Respiratory Protection
Parts of the program:
Respirator Selection
Medical Evaluation
Fit Testing
Cleaning, Maintenance, Change Schedules and Storage
Training
Voluntary Respirator Use
Voluntary Respirator Use - 1. Read and heed all instructions provided by the manufacturer on use, maintenance, cleaning and care, and warnings regarding the respirators limitations Choose respirators certified for use to protect against the contaminant of concern. NIOSH, the National Institute for Occupational Safety and Health of the U.S. Department of Health and Human Services, certifies respirators. A label or statement of certification should appear on the respirator or respirator packaging. It will tell you what the respirator is designed for and how much it will protect you Do not wear your respirator into atmospheres containing contaminants for which your respirator is not designed to protect against. For example, a respirator designed to filter dust particles will not protect you against gases, vapors, or very small solid particles of fumes or smoke Keep track of your respirator so that you do not mistakenly use someone else's respirator.

31. Emergency Action Plan Parts of the program:
Emergency personnel names and phone numbers
Evacuation routes
Emergency phone numbers
Utility company emergency contacts
Emergency reporting and evacuation procedures
Medical emergency
Fire emergency
Extended power loss
Chemical spill
Severe weather and natural disasters
Field emergency procedures
Critical operations

32. Lockout / Tagout - LOTO
Control of Hazardous Energy – Servicing/Repairing Equipment
Authorized Employee
Affected Employee
Employee Training
Procedures for each piece of equipment
Annual Review of Inspection Procedures
Written Program

33. Confined Space Program
Confined Space Definition
Large enough for an employee to enter & perform assigned work
limited or restricted means for entry or exit,
and it is not designed for continuous employee occupancy.
Examples of Confined Spaces:
tanks
pits
tunnels
vaults
boilers
sewers
shafts
ventilation ducts
crawl spaces

34. Permit Required Confined Space
Definition:
contains or has the potential to contain a hazardous atmosphere;
contains a material that has the potential to engulf an entrant;
has walls that converge inward or floors that slope downward and taper into a smaller area which could trap or asphyxiate an entrant;
or contains any other recognized safety or health hazard, such as unguarded machinery, exposed live wires, or heat stress.

35. Confined Space Program
Identify & label all confined spaces.
Will employees enter a confined space?
If “Yes” must develop a written confined space program.
Program contents:
Identify confined spaces in workplace
Identify hazards in these spaces
Determine if they are Permit-Required
Determine how to control the hazards
Employee Training

36. Hearing Conservation
When employee noise exposures equal or exceed a time weighted average sound level of 85 dBA, a hearing conservation program must be implemented
Parts of the program:
Sound level monitoring
Audiometric testing
Hearing protectors
Required at 90dBA
Training

37. Noise Level Time Timits
Duration Per Day,
# of Hours
Sound Level (dBA) - Approximates 8
90 – Skid Steer Loader 6
92 – Kubota Tractor 4
95 – Hand Drill (96) 3
97 – Push Mower 2
100 – Pressure Washer (99) 1
105 – Backpack Blower
110 – Circular Saw (108)
¼ or less
115 or more –
Cut-off Saw (118)
Chainsaw (127)
Personal protective equipment shall be provided and used to reduce sound levels within the levels of the table.

38. Powered Industrial Trucks - Forklifts
Operator Training
Must be performed by a person who has the knowledge, training and experience to train operators and evaluate their competence.
Must consist of a combination of formal instruction and practical training.

56. Resources Websites Occupational Safety & Health Admin. www.osha.gov
Hortica’s Loss Control & Safety Materials