How to Survive an OSHA or EPA

Inspection

Nick Hardesty

November 3, 2016

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Navigate a Regulatory Inspection

Before Inspection

During Inspection

Post Inspection

Age

nd

a

Navigate a Regulatory Inspection

Before Inspection

Navigate a Regulatory Inspection

Plan Ahead

Safety/Compliance Manager

Written Programs

Train Employees

Comply with Regulations

Should have some authority

Should have good knowledge of the operations

Should have good common sense

During Inspection

Navigate a Regulatory Inspection

Politely receive

compliance officer

Show to conference

room / office

Notify Safety/Compliance

Manager

Compliance Manager leads

inspection

First impression is

key!

What do you do when they arrive?

Navigate a Regulatory Inspection

Why are they there?

1. Fatality or Serious Injury 2. Employee Compliant 3. Programmed Inspection

(Local/National Emphasis Program)

Navigate a Regulatory 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.

When do you report to OSHA?

Injuries to be reported within 8 hours to OSHA: 1. Fatality

Injuries to be reported within 24 hours to OSHA: 1. Any in-patient hospitalization of one or more employees as a result of a work-related incident. 2. Any employee amputation as a result of a work-related incident. 3. Any employee loss of an eye as a result of a work-related incident.

If a fatality occurs within 30 days of the work-related incident, or if an in-patient hospitalization, amputation, or loss of an eye occurs within 24 hours of the work-related incident, then you must also report the event to OSHA.

Navigate a Regulatory Inspection

Local / National Emphasis Programs N

atio

nal

• Combustible Dust

• Hazardous Machinery

• Isocyanates

• Crystalline Silica Reg

ion

V

• Powered Industrial Vehicles

• Fall Hazards

• Crystalline Silica

• Maritime Industries

Navigate a Regulatory Inspection

Determine Focus

Control Inspection

Successful Outcome

Navigate a Regulatory Inspection

Control the Inspection

In the meeting

room

• Don’t argue

• Don’t talk too much

• Answer all questions briefly and honestly

• Gather all necessary documentation

• 300 Logs

• Training Records

• Written Programs & Policies

Throughout Facility

• Don’t argue

• Escort regulator at all times

• Take them directly to issue in question

• Immediately correct any unsafe issue identified

• Take notes and pictures

Navigate a Regulatory Inspection

Employee Interviews

Employee has right to refuse Employee has right to have manager participate Avoid the casual interview Everything is on the record

Post Inspection

Navigate a Regulatory Inspection

Navigate a Regulatory Inspection

Postings

Request Informal Conference

Do Your Homework

Prepare Meeting Documents

Navigate a Regulatory Inspection

Research the regulations

Always ask for downgrade of severity status

Combine like violations

Always request

reduction in penalty amount

Attitude is Key!

Navigate a Regulatory Inspection

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

$124,000 for each willful violation, with a

minimum penalty of $12,471 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 $12,471.

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

12,471 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

$124,000 for each repeated violation.

Navigate a Regulatory Inspection

Navigate a Regulatory Inspection

Navigate a Regulatory Inspection

Navigate a Regulatory Inspection

Key Points

Be prepared

Control the visit

Attitude is key

Do your homework

Have realistic expectations

Questions?