Austin Area OfficeAustin Area Office

Presentation Sourcing:

• What triggers an OSHA inspection?

• What are the primary areas of concern?

• How can you participate in an inspection…and survive?

OK…You’re Prepared but… You’re Still Nervous

What triggers an OSHA inspection?What triggers an

OSHA inspection?

Why are you inspecting me and not the guydown the street?

or

Inspection PrioritiesInspection Priorities

• Imminent Danger

• Fatality or

• Catastrophe

– 3 or more hospitalized as

• in-patients

• Complaint or Referral

• Programmed Inspections

What are the Primary Areas of Concern?

What are the Primary Areas of Concern?

Leading Hazards inSeptic Tank Construction

Leading Hazards inSeptic Tank Construction

• Most frequently cited •Excavations•Head Protection•Hazard Communication•Worker Training•Written Safety

Program•Regular worksite

inspections•First Aid Supplies•Ladders

www.osha.gov/oshstats/std1.html

Excavations – Laws Frequently Cited

Excavations – Laws Frequently Cited

• OSHA’s law applies if the excavation is deeper than 5 ft

• No cave-in protection• No means of egress provided if deeper than 4 ft• Spoil pile was within 2 ft of edge of excavation• No daily inspections by a competent person

                                             

                                        

Excavations – Laws Frequently Cited

Excavations – Laws Frequently Cited

• Where hazardous conditions were found in the excavation, workers were not removed from the trench.

• Workers exposed to the hazard of vehicular traffic did not wear reflective vests.

• Sidewalks, pavements subject to being undermined were not supported to prevent collapse.

Other Laws ViolatedOther Laws Violated

• No head protection was required (hard hats)• No written hazard communication program,

MSDS’s, worker training• No written safety program• No regular work site inspections• No worker training on job site hazards

Head ProtectionHead Protection

• Head protection is required if there are overhead hazards that could strike the worker or falling objects

Hazard CommunicationHazard Communication

• Written Program• Material Safety Data Sheets• Worker Training • Labeling of Containers

Written Safety Program Written Safety Program

• In construction, each employer is required to have a written safety and health program that covers the anticipated hazards workers will encounter to reduce accidents.

Regular Worksite InspectionsRegular Worksite Inspections

• Regular worksite inspections are required of job site, materials, and equipment by competent persons.

• A competent person is one who has the knowledge of the worksite hazards and the authority to correct hazards.

Worker TrainingWorker Training

• Workers must be instructed in the recognition and avoidance of unsafe conditions and to the regulations applicable to his work.

• Specific additional training required for trenching, ladders, chemicals, harmful plants/animals, flammables, & confined spaces

Other Laws ViolatedOther Laws Violated

• No personal protective equipment was provided or used

• No first aid supplies were readily available• Ladders were not used as designed and intended

Fatal Accidents in the Septic Tank Industry

Fatal Accidents in the Septic Tank Industry

• The vast majority of fatal accidents in this

industry are due to trench cave in

• Being struck by heavy equipment has also caused

worker fatalities

How can you participate in

an OSHA inspection… and survive?

How can you participate in

an OSHA inspection… and survive?

• Despite rumors to the contrary…the compliance officer is human too

• The compliance officer will be professional… you should be too

• The compliance officer is permitted to use quite a bit of professional discretion

• You catch more flies with honey

Wordsto theWise

Wordsto theWise

Greeting the Compliance Officer

Greeting the Compliance Officer

• You usually set the tone for the inspection

The Inspection ProcessThe Inspection Process• Opening Conference• Walk Around• Closing Conference• Violations• Informal Conference• Contest

Opening ConferenceOpening Conference

• Present Credentials• Explain

– Purpose– Scope

Permitting the InspectionPermitting the Inspection

• To refuse or not to refuse---that is the question?

Don’t prevaricate!Don’t prevaricate!

• The compliance officer will notice the slight elongation of your nose

Consequences of Prevarication

Consequences of Prevarication• Will everyone else’s story match

yours?

• Once you lose your credibility…the compliance officer is not going lend much credence to anything else you say

• You just lost the “benefit of the doubt”

Walk Around TipWalk Around Tip

• Take someone with you that can correct any deficiencies noted

Photographs and/or VideotapePhotographs and/or Videotape• The compliance officer will document what he/she

sees– Warn the compliance officer if it is a Trade

Secret– Not everything is a Trade Secret

• You may also photograph or videotape

InterviewsInterviews

• Employees

– Private

– Without management present

– Employee may request union rep

• Management

• Compliance officer decides who participates

SamplingSampling

• Employee exposures– Dosimeters– Pumps– Badges– Other devices

The Closing ConferenceThe Closing Conference• Take notes

• Violations and corrective actions

• Penalties

• OSHCon 1-800-687-7080

• Contest rights

• Informal Conference

ViolationsViolations• Serious• Other than

Serious• Willful• Repeated• Criminal

Who Gets the Citations? Multi-Employer Policy

Who Gets the Citations? Multi-Employer Policy

• Creating– Employer who caused the hazard

• Exposing– Employer whose employees were exposed to the hazard

• Correcting– Employer who was responsible for correcting the hazard

• Controlling– Employer with general supervisory authority over the

worksite with the power to correct violations directly or indirectly

http://www.osha-slc.gov/OshDoc/Directive_data/CPL_2-0_124.html

Informal Conference

Informal Conference • AD or AAD

• Your side of the story• Penalty reduction

– Offer something in return

– Not just abatement of the hazard…because you are already required to abate the hazard

– Think improvements to safety & health program and additional training

The ContestThe Contest• Notice of contest must

be in writing --15 working days after citation receipt

• You can contest violations, penalties or time to correct.

• Hearing before Review Commission Judge

SurvivalSummarySurvivalSummary

Be PreparedBe Prepared• Proactive hazard identification and

abatement

Be Professional

• You set the tone for the inspection

Compliance AssistanceCompliance Assistance

• Service of Every OSHA Office• Telephone Inquiries• Speeches• Outreach & Information

QuestionsQuestions

For More Information• OSHA – Austin OSHA

(512) 916-5783• Internet www.osha.gov• Reporting Incidents

(800) 321-OSHA