Understanding OSHA Inspections in Greater Detail
As an employer, it’s crucial to have a comprehensive understanding of OSHA inspections, from the reasons for their occurrence to the potential consequences of non-compliance. This article will explore these topics, and more, to help you maintain a safe, compliant workplace.
Reasons for OSHA Inspections
While the primary reasons for OSHA inspections have been outlined previously, it’s worth noting that inspections can also be triggered by:
• Industry-specific hazards: OSHA may target industries known for specific hazards, such as construction, manufacturing, or healthcare.
• Recent accidents or incidents: Even if they don’t result in fatalities or serious injuries, accidents or incidents can prompt OSHA investigations.
• Employee complaints: While formal complaints are common, even informal discussions with OSHA representatives can lead to inspections.
• Follow-up inspections: If OSHA finds violations during an initial inspection, they may conduct follow-up inspections to ensure that corrective actions have been taken.
The Inspection Process
An OSHA inspection typically involves the following steps:
1. Opening conference: The inspector will meet with the employer to discuss the purpose of the inspection and review the company’s safety program.
2. Walkthrough: The inspector will tour the workplace, examining conditions, equipment, and employee practices.
3. Interviews: The inspector may interview employees to gather information about safety concerns or hazards.
4. Closing conference: The inspector will summarize the findings of the inspection and discuss any potential violations.
Potential Consequences of Violations
If OSHA finds violations, the employer may face a variety of consequences, including:
• Citations: OSHA can issue citations for violations, which can range from minor to serious.
• Penalties: Penalties for violations can vary depending on the severity of the hazard and the employer’s history of compliance.
• Abatement requirements: Employers must take corrective actions to address the violations.
• Public posting: OSHA may require employers to post a notice informing employees of the violations.
• Referral to the Department of Justice: In cases of willful or repeated violations, OSHA may refer the matter to the Department of Justice for criminal prosecution.
Additional Considerations
• OSHA’s National Emphasis Program (NEP): OSHA may target specific industries or hazards through its NEP, which can increase the likelihood of inspections.
• State OSHA programs: Many states have their own OSHA programs, which may have different regulations and enforcement procedures.
• Employee rights: Employees have the right to raise safety concerns without fear of retaliation.
• Recordkeeping requirements: Employers must maintain accurate records of injuries, illnesses, and safety training.
Consulting an Attorney
As mentioned earlier, consulting an attorney can be beneficial in certain situations. Here are some additional scenarios where legal advice may be necessary:
• Complex or contested violations: If you believe the violations are contested or involve complex legal issues, an attorney can provide guidance.
• Negotiating penalties: An attorney can help you negotiate with OSHA to reduce penalties or secure favorable terms.
•Appealing citations: If you disagree with a citation, an attorney can assist you in filing an appeal.
• Dealing with OSHA’s enforcement actions: An attorney can help you navigate OSHA’s enforcement process and protect your rights.
Prevention is Key
By understanding the intricacies of OSHA inspections and seeking legal advice when needed, employers can proactively address safety concerns, minimize risks, and maintain a positive relationship with OSHA.
Veriforce offers comprehensive safety solutions to help you achieve and maintain OSHA compliance. Our experts can provide audits, training, program development, and regulatory guidance to improve workplace safety and reduce the risk of violations. By partnering with Veriforce, you can ensure a safe and compliant workplace.
Interested in learning more about this topic? Don’t miss episode 27 of the Risk Matrix Podcast. Join Veriforce safety experts James Junkin, MS, CSP, MSP, SMS, ASP and Dr. Linda Martin, PhD, MBA, PMP, CIH, CSP, CHMM, as they welcome attorney Brent Kettelkamp from Ogletree Deakins for an insightful conversation on navigating occupational health and safety from a legal perspective.