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Inspections 101

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Title: Introduction to OSHA Author: OSHA-USER Last modified by: Bothast, Brian - OSHA Created Date: 7/26/2001 5:44:22 PM Document presentation format – PowerPoint PPT presentation

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Title: Inspections 101


1
Inspections 101
2
The OSHA Mission
  • To assure safe and healthful working conditions
    for working men and women, by authorizing
    enforcement of the standards developed under the
    Act

3
The Occupational Safety and Health Act of 1970
  • Established OSHA and effective enforcement
    program.
  • Authorized the setting of standards applicable to
    businesses affecting interstate commerce.
  • Provide for training to increase competence in
    the field of occupational safety and health.
  • Established reporting procedures.

4
The Act
  • Outlined procedures for setting standards
  • publication in the Federal Register
  • Inspections
  • to enter without unreasonable delay at reasonable
    times
  • citations - describe with particularity the
    violation
  • Penalties
  • Confidentiality of trade secrets

5
The Act
  • Judicial Review
  • ALJ
  • Occupational Safety and Health Review Commission
  • Federal Courts
  • Final Order

6
The Act
  • Applies to businesses affecting interstate
    commerce
  • Covers employers with one employee.
  • Outlined procedures for setting standards
  • publication in the Federal Register

7
The general duty clause. Section 5(a)(1)
  • Each employer shall furnish a place of
    employment free of recognizable hazards that are
    likely to cause serious physical harm.

8
Elements of a citation
  • Exposed employee
  • Serious hazard
  • Employer knowledge
  • Feasible method to abate hazard

9
Section 5(a)(1) Violation
  • Failure to follow manufactures instructions.
  • Seatbelt use on fork trucks.
  • Failure to follow consensus standards.
  • ANSI, NFPA, NEC, ASME, API, ETC.
  • NIOSH recommendations.
  • Ergonomic hazards.

10
Section 5(b)
  • Each employer shall comply with the safety and
    health standards.
  • Each employee shall comply with the safety and
    health standards applicable to their activity.

11
Section 11(c)
  • No person may be discriminated against for
    exercising their rights...
  • Alleging complaint with employer, union, or
    Agency.
  • Participating in safety and health activities.
  • Whistleblower Investigations

12
Employee responsibilities
  • Comply with all applicable OSHA standards.
  • Follow lawful safety and health rules.
  • Wear prescribed protective equipment.
  • Report hazardous conditions to the supervisor.
  • Report any job-related injury or illness to the
    employer, and seek treatment.
  • Cooperate with OSHA by answering honestly.
  • Exercise rights in a responsible manner.

13
Types of OSHA Inspections
  • Imminent Danger.
  • Fatality / Catastrophe
  • Complaint / Referral.
  • National or Local Emphasis Program.
  • Monitoring.
  • Follow-up.
  • General Schedule

14
Imminent Danger
  • U.S. District Courts shall have jurisdiction to
    restrain conditions or practices which could
    reasonably be expected to cause death or serious
    physical harm before the danger could be
    eliminated through enforcement procedures.

15
Fatality / Catastrophe
  • A company must call OSHA within 8 hours after the
    death of an employee or the in-patient
    hospitalization of three or more employees from a
    work related incident.
  • All fatality investigations are considered for
    possible criminal prosecution.

16
Complaint inspection process
  • No longer based on signing the complaint.
  • Phone and Fax.
  • Facility should have complainant process.

17
Referrals
  • From other inspectors.
  • Discrimination investigators.
  • Media.
  • Other enforcement agencies.
  • EPA
  • Fire and Police Departments
  • Health Department.

18
National or Local Emphasis
  • Fall protection
  • Silica
  • Lead
  • Fork Trucks
  • Amputations

19
Follow-up
  • Company had previously received citations.
  • Providing proof of corrective action reduces
    likelihood of return.

20
Workplace Inspections
  • Every establishment covered by the OSH Act is
    subject to inspection
  • Conducted without advance notice
  • Identify hazards

21
Inspection Process
  • Opening conference.
  • Credentials.
  • Purpose
  • Scope.
  • Warrants

22
The Inspection
  • Investigation of Issues
  • Plain View
  • Interviews
  • Sampling
  • Videotape
  • Closing conference

23
Citations
  • Serious
  • Repeat
  • Failure to abate
  • Other than serious
  • De-minimus
  • Unclassified

24
Effective Safety Health Programs
  • Management Commitment
  • Employee Involvement.
  • Worksite Analysis
  • Hazard Prevention and Controls.
  • Training and Understanding
  • Continuous Improvement

25
Summary
  • OSHA standards have helped save lives and prevent
    injuries
  • You need to take action to eliminate the health
    and safety hazards in your workplace.
  • Inspections have been OSHAs way to save lives.
  • OSHA now offers various means of assistance.

26
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