1	HOW TO SURVIVE AN OSHA INSPECTION Prepared By: Steve Williams (Condon-Johnson & Associates, Inc.) For: ADSC – West Coast Chapter Safety Committee
2	Federal Inspections - FY 2004 ¹
3	Federal Inspections - FY 2004 ¹
4	OSHA's Right to Inspect The Occupational Safety and Health Act of 1970 allows OSHA²: “…to enter without delay and at reasonable times… construction site… or other area… where work is performed by an employee of an employer…” “…to inspect and investigate during regular working hours… all pertinent conditions, structures… equipment and materials therein;…” “… to question privately any employer, owner, operator, agent or employee;…” “… to review records… which are directly related to the purpose of the inspection."
5	Your Rights As an employer, you have the right to: To ask them to wait until the appropriate personnel is available to assist them Insist upon a warrant before inspection (rarely a good idea) OSHA will have no trouble obtaining the warrant; they do not have to show "probable cause" It is better to be cooperative and allow the inspection without any delay Seek advice and off-site consultation Request proper identification Have an opening and closing conference Accompany the inspection
6	What Triggers OSHA Inspections? Employee complaint Work-related fatality Serious injuries for which emergency medical help is summoned In some cases, OSHA is notified of such accidents by the local emergency response personnel (police, fire, rescue, ambulance services)
7	You Must Be Prepared!!! BE PREPARED by actually performing site safety inspections required by your company and maintaining the logs Make sure managers, supt’s, foremen, know what to do if inspected Establish procedures for employees directly in your IIPP BE PREPARED to show your IIPP Make sure it is current and complete BE PREPARED to show your Site Specific Safety Plan BE PREPARED to show your OSHA 300 Log or other OSHA required documents. Access to safety documents NOT REQUIRED by OSHA is subject to Contractor approval.
8	This is NOT PREPARED!!!
9	When OSHA Arrives Be polite, respectful, and cooperative Request inspector’s credentials; ask for his/her business card Contact the appropriate Management Personnel In our case, we would immediately notify Colin The OSHA representative should be asked to wait for a designated person to assist them with the inspection During this time, the OHSA representative SHOULD NOT be allowed to wander around the site.
10	The Opening Conference First opportunity for employer to “manage” the inspection process Employer may ask the OSHA inspector to: Identify the type and scope of inspection(e.g. complaint inspection) State the reason for the inspection Provide clear explanation of issues to be investigated Identify area of site to visit
11	During the Inspection Make sure Safety Officer or designate is present during inspection Take full and extensive notes of all items inspected, areas visited, and any conversations held during inspection. When they take photos, try to take the same photo
12	The Inspection – cont’d Don’t “agree” to any violations Yet, be proactive by addressing concerns You can disagree and point out why you disagree, but don’t argue Counter-productive Avenues for dispute
13	Closing Conference Required by the OSHA Act Can be overlooked by OSHA inspector If not discussed, make sure to ask for one Ask what violations or citations the compliance officer anticipates There should not be surprises when/if you get a citation letter later
14	Summary Be prepared Be cordial Know your rights “Manage” the situation