March 20, 2019 By Fred Hosier 

Just how likely is OSHA to follow up if one of your disgruntled employees lodges a safety complaint?

Consider this: In fiscal years 2016 and 2017, OSHA conducted more than 21,000 inspections due to complaints in each 12-month period.

You may have read a recent report from the National Employment Law Project that notes a decline in certain types of OSHA inspections.

But, the difference in inspections due to complaints from 2016 to 2017 is minimal:

• In FY 2016, OSHA conducted 21,738 inspections due to complaints, and
• in FY 2017, there were 21,244 complaint inspections, a decrease
  of only 2%.

When it comes to inspections, OSHA’s priorities are clear: Responding to complaints is at the top of the list.

Number of inspections up

The total number of federal OSHA inspections conducted rose for the first time in five years from 31,948 in 2016  to 32,408 in 2017. That’s a 1.4% increase.

Another type of inspection that increased by 7.6% from 2016 to 2017: (Rapid Response Investigations.)

RRIs are part of OSHA’s 2015 initiative that requires companies to report various workplace incidents within a given time period:

• fatalities within 8 hours, and
• inpatient hospitalizations, amputations or losses of an eye within 24 hours.

Instead of sending an inspector, RRIs ask employers to conduct their own incident investigations and report back to OSHA about how they plan to abate the hazard that caused the injury. If the company doesn’t report or if OSHA isn’t satisfied with the response, the agency has the option to send an inspector.

OSHA says RRIs have led to contact with industries that aren’t often on its radar, such as companies that sell parts or supplies to manufacturers.

OSHA’s not a paper tiger

What’s this mean to you? It’s true federal OSHA’s budget has been cut or, at best, stable for several years. The agency has fewer inspectors than it had previously.

But OSHA is finding creative ways to keep its eyes on businesses under these conditions: relying on complaints, RRI program, etc.

With a potential maximum fine of $132,598 for one willful violation, companies can’t afford to assume OSHA has become a paper tiger.

About Fred Hosier

Fred Hosier is a Group Publisher for Progressive Business Publications’ Compliance Group of publications. He is the managing editor of Safety Compliance Alert and Environmental Compliance Alert. He is editor-in-chief of Safety and Compliant Alert.  Previously, Fred worked for 11 years at WILM Newsradio in Wilmington, DE, where he was News Director.

Certain states have their own Safety and Health programs.There are 26 state plans: 23 cover both private and public (state and local government) employment, and 3 (Connecticut, New Jersey, and New York) cover only the public sector.

State plans are OSHA-approved job safety and health programs operated by individual states or territories instead of Federal OSHA. The Occupational Safety and Health Act of 1970 (OSH Act) encourages states to develop and operate their own job safety and health plans and permits state enforcement of OSHA standards if the state has an approved plan. Once OSHA approves a state plan, it funds 50 percent of the program’s operating costs. State plans must provide standards and enforcement programs, as well as voluntary compliance activities, that are at least as effective as those of Federal OSHA.

As a full Safe and Compliant member, your resources and information will be customized accordingly and your Safety Manual, HAZCOM, and forms will meet the requirements of your state or jurisdiction.

In meeting the requirements of OSHA’s Hazard Communication Standard, the temporary agency employer would, for example, be expected to provide generic hazard training and information concerning categories of chemicals employees may potentially encounter. Host employers would then be responsible for providing site-specific hazard training pursuant to sections 1910.1200(h)(1) and 1926.59.

Someone enters your shop and tells you he/she is an OSHA inspector and is here to conduct a safety audit. Your response is one of two:

A. Your heart plummets into your stomach and you find yourself searching for a quick exit.

B. You reach out your hand confidently and greet the inspector.

What to expect

With some exceptions, OSHA doesn’t notify the companies it inspects in advance. OSHA inspectors usually show up unannounced.

Before the inspection begins, the OSHA inspector will present his or her credentials to the owner, owner representative, or supervisor in charge.

TIP: As part of your training or orientation, tell staff in advance what to expect if an OSHA inspector shows up. Appoint a contact person and instruct her to notify other necessary company officials, escort the inspector directly to a pre-determined area (conference room or office), and remain with the inspector until a company official arrives. Tell the contact person not to take the inspector through any area but the designated area of your facility until you have determined the purpose of the inspection.

Ask to see the credentials of the person claiming to be an OSHA inspector, just as you would ask any stranger who shows up at your facility unannounced. Asking for credentials isn’t just your right, it is common sense and essential for your own safety and the safety of your workers. Be polite and respectful though. Chances are, anyone who shows up claiming to be an OSHA inspector is likely to be who he claims to be. If the visitor refuses to show credentials, take the necessary security precautions as instructed by your company policy guidelines.

Should You Let Them In?

You can’t refuse to let a bona fide OSHA inspector enter your facility. But you may ask the OSHA inspector to get a warrant to conduct the inspection before entering and refuse entry without a warrant. Exceptions: You can’t refuse entry for lack of a warrant if you or one of your representatives has already given consent to the inspection or if there’s an emergency or urgent reason for the inspector to enter.

Before exercising this right, remember that the inspector is only human. Making his/her job more difficult just to stall for more time to prepare may cause you more difficulties during your inspection. But if you have a good reason you shouldn’t hesitate to exercise your right to demand that the inspector get a warrant.

If the inspector does get the warrant, you must let them in. It is illegal to interfere with the inspector’s conduct of the inspection. But once the inspector is in, you may require them to follow the same policies, procedures and rules as any other employee or visitor. This includes insisting on the wearing of mandatory Personal Protection Equipment (PPE), the removal of dangling jewelry, etc.

Are you ready for an OSHA inspection? Is everything in order? Do you have all the required documentation, programs, posters, etc.?  You should be prepared every day at any moment for OSHA to come knocking. We at Safe and Compliant can help you meet all of these requirements. The proper Safety Program, HAZCOM program, required posters, SDS database and even a self inspection checklist, and more. Full members of Safe and Compliant can welcome an inspection and smile when OSHA comes knocking. Join today!

OSHA does not require that SDSs be provided to purchasers of household consumer products when the products are used in the workplace in the same manner that a consumer would use them, i.e. where the duration and frequency of use (and therefore exposure) is not greater than what the typical consumer would experience. This exemption in OSHA’s regulation is based, however, not upon the chemical manufacturer’s intended use of his product, but upon how it actually is used in the workplace. Employees who are required to work with hazardous chemicals in a manner that results in a duration and frequency of exposure greater than what a normal consumer would experience have a right to know about the properties of those hazardous chemicals.

This is what OSHA calls a whistleblower and they have specific requirements to report you. This is another reason why you should make sure that you are compliant and that your employees have been properly trained and their training verified. For further info see https://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf

 Are your employees exposed to loud noises over a period of time? OSHA and a number of states require that these employees be checked for hearing within 3 months of being hired. This is not only a good idea because OSHA requires it, but it’s a good idea to protect yourself from a lawsuit.

That’s right, an employee can sue you for causing their lack of hearing. How do you know that employee didn’t have a hearing problem before he was hired?

There are other things you should do to protect yourself as well to reduce your legal exposure. Your user editable Safety Checklist will provide a great check and balance to help you ensure you have taken necessary precautions.