Understanding the OSHA Inspection Process Presented by ETTA

Understanding the OSHA Inspection Process Presented by: ETTA, OSH Division, 919 -807 -2875 This presentation was created by the N. C. Department of Labor for safety and health training.

Objectives To provide a general understanding of: l What generates an inspection l Procedures of a compliance inspection NCDOL Photo Library l Inspection types l Rights and responsibilities of employers and employees l What happens after an inspection This presentation was created by the N. C. Department of Labor for safety and health training.

Inspection Types/Priorities l Imminent danger l Fatality/catastrophe l Complaints l Referrals l Follow-up l Programmed This presentation was created by the N. C. Department of Labor for safety and health training.

Programmed l Special Emphasis Programs (SEP) - Construction - Logging/Arboriculture - Long Term Care - Health Hazards - Accommodation - Grocery and Related Product Merchant Wholesalers NCDOL Photo Library - Food Manufacturing This presentation was created by the N. C. Department of Labor for safety and health training.

Workplace Entry l Normal working hours l Credentials l Refusal l Special situations - Inspect on 2 nd/3 rd shift - Security clearance NCDOL Photo Library l Interference - Sampling This presentation was created by the N. C. Department of Labor for safety and health training.

Opening Conference l Purpose and scope l Records inspection NCDOL Photo Library l Walk around representatives l Trade secrets This presentation was created by the N. C. Department of Labor for safety and health training.

Walk Around Inspection l Scope l Program evaluation l Safety/health inspection l Interviews l Photographs Nova Development This presentation was created by the N. C. Department of Labor for safety and health training.

Closing Conference l Discuss findings and potential alleged violations l Employer and employee rights and responsibilities - Form 59 Nova Development NCDOL Photo Library This presentation was created by the N. C. Department of Labor for safety and health training.

After the Inspection l Citations or in-compliance l Abatement l Violation types l Penalties l Informal conference l Contestment l Discrimination NCDOL Photo Library This presentation was created by the N. C. Department of Labor for safety and health training.

Citations l Issuance - Received by certified mail l Posting - Three days or until the hazards are abated, whichever is longer Certified Mail This presentation was created by the N. C. Department of Labor for safety and health training.

Abatement l Date - extension l OSHA Form 2 D l Follow-up inspection NCDOL Photo Library This presentation was created by the N. C. Department of Labor for safety and health training.

Violations l Types of violations - Serious » “Deemed to exist in the place of employment if there is substantial probability that death or serious physical harm could result. …” - Non-serious » “Situations where the accident or illness that would be most likely to result from a hazardous condition would probably not cause death or serious physical harm. . ” This presentation was created by the N. C. Department of Labor for safety and health training.

Violations l Willful – When evidence shows either an intentional violation of the act or plain indifference to its requirements l Criminal-Willful – Employer willfully violates any standard which causes death of an employee and is found guilty l Repeat – Employer has been cited previously for a substantially similar condition l Failure to Abate – Employer has not corrected a previously cited violation which has become final order This presentation was created by the N. C. Department of Labor for safety and health training.

Hazard Assessments l Severity - Most likely an injury or illness resulting from exposure l Probability » » Number of employees exposed Frequency and duration of exposure Employee distance from the hazard Other factors This presentation was created by the N. C. Department of Labor for safety and health training.

Maximum Penalties l Willful – $70, 000 l Serious – $7, 000 (*exception) l Repeat – $7, 000 (x 2, x 5, x 10) $ $ l Failure to Abate – $7, 000/day l Non-serious – may have monetary value This presentation was created by the N. C. Department of Labor for safety and health training.

Penalty Adjustment Factors Size (# of Employees) 251+ 0% 176 -250 131 -175 10% 20% 91 -130 56 -90 26 -55 1 -25 30% 40% 50% 60% History 10% Safety and Health Programs 0%, 10%, 25%, 40% This presentation was created by the N. C. Department of Labor for safety and health training.

Informal Conference l Time frame l Post request NCDOL Photo Library l Settlement agreement - posted l Notice of amended citations l Notice of no change This presentation was created by the N. C. Department of Labor for safety and health training.

Contestment l Any part of citation l Written l Time frame NCDOL Photo Library l Administrative Law Judge l OSH Review Commission This presentation was created by the N. C. Department of Labor for safety and health training.

Discrimination l It is unlawful to discriminate against employees who file safety or health complaints or request an OSHA inspection. NCDOL Photo Library This presentation was created by the N. C. Department of Labor for safety and health training.

Other Issues l Criminal penalties Wake Co. Justice Center NCDOL Photo Library This presentation was created by the N. C. Department of Labor for safety and health training.

Summary In this course, we discussed: l Inspection types l What generates an inspection l Procedures of a compliance inspection l Rights and responsibilities of employers and employees l What happens after an inspection This presentation was created by the N. C. Department of Labor for safety and health training.

Thank You For Attending! Final Questions? This presentation was created by the N. C. Department of Labor for safety and health training.