OSHA: Being Ready and Surviving an Inspection

Transcription

1 OSHA: Being Ready and Surviving an Inspection May 2-3, 2016 John Heyer Kettle Moraine Coatings Jackson, WI May 2, 2016

2 MY COMPANY EXPERIENCED THE TITLE LINE EARLY IN 2012 AND AGAIN IN 2014

3 DEFINITELY NOT FUN TOOK FROM MARCH AUGUST COST SOME MONEY THINGS WERE LEARNED WE ARE A SAFER COMPANY

4 OSHA OF 2016 PROBABLY AS WELL STAFFED AS AT ANY TIME IN MY MEMORY

5 SOME WILL SAY -- OSHA IS A PROFIT CENTER OSHA COVERS ITS OWN COSTS

6 QUOTE FROM OSHA OFFICIAL -- OSHA VIEWS FINES AS A TEACHING TOOL TO ENCOURAGE COMPANIES TO FOLLOW SAFETY REGULATIONS

7 WHATEVER YOUR FEELINGS ON THIS ARE OSHA IS OUT AND ABOUT BIG TIME VIOLATIONS RESULT IN FINES

8 NOBODY SHOULD THINK THEY ARE TOO SMALL OR TOO OUT OF THE WAY IF THEY MEET ONE OF THE CRITERIA OSHA IS USING IT IS A MATTER OF WHEN NOT IF

9 GIVEN ALL THIS IT PAYS TO KNOW AS MUCH AS POSSIBLE WHAT CAN LEAD TO AN INSPECTION? HOW CAN I PREPARE? WHAT HAPPENS DURING AN INSPECTION? WHAT ARE YOUR OPTIONS WHEN YOU ARE CITED?

10 GIVEN ALL THIS IT PAYS TO KNOW AS MUCH AS POSSIBLE WHAT CAN LEAD TO AN INSPECTION? HOW CAN I PREPARE? WHAT HAPPENS DURING AND INSPECTION? WHAT ARE YOUR OPTIONS WHEN YOU ARE CITED?

11 PURPOSE OF TALK IS TO PROVIDE INFORMATION ON ALL OF THIS

12 I AM NOT AN EXPERT ON ALL THINGS SAFETY -- MY COMPANY HAS BEEN THROUGH A FEW INSPECTIONS I HAVE LEARNED A FEW THINGS THROUGH THESE EXPERIENCES I WANT TO PASS THEM ON

13 WHAT ARE CRITERIA THAT CAN TRIGGER AN INSPECTION??

14 SERIOUS ACCIDENT OR WORSE YET -- A DEATH

15 A DEATH AT THE COMPANY WILL RESULT IN A MANDATORY OSHA VISIT

16 EMPLOYEE COMPLAINT TO OSHA

17 IF AN EMPLOYEE COMPLAINS TO OSHA OSHA HAS TO INVESTIGATE YOU WILL AT LEAST BE CALLED VERY LIKELY WILL BE VISITED

18 AVOIDING THIS CAN BE CHALLENGING CALLING OSHA CAN BE A WAY FOR A DISGRUNTLED EMPLOYEE TO GET BACK

19 HAVE A GOOD SAFETY CULTURE EVERYONE FOLLOWS REGULATIONS ENCOURAGE DIALOG ON SAFETY LISTEN TO EMPLOYEES

20 OSHA REPORTABLE RATE IS HIGHER THAN INDUSTRY AVERAGE

21 BASIC FORMULA IS -- HOURS LOST PER HOURS WORKED

22 NOT REPORTING IS NOT AN OPTION

23 MAKE SURE HOWEVER YOU KNOW WHAT TO REPORT AND WHAT GOES INTO THE CALCULATION

24 NOT EVERY WORKERS COMP INJURY IS OSHA REPORTABLE ONLY PUT THE ONES THAT ARE ON YOUR OSHA LOG

25 RECORD EVERY HOUR WORKED PLANT SUPERVISION ALL OVERTIME ALL HOURS FROM TEMPS

26 REVIEW EVERY REPORTABLE INJURY TAKE CORRECTIVE ACTIONS

27 DOCUMENT ACTIONS TAKEN HAVE DOCUMENTATION AVAILABLE -- PRESENT TO OSHA WHEN/IF THEY COME

28 WATCH CAREFULLY FOR ANY TRENDS OSHA WILL WHEN THEY COME A TREND COULD BE AS FEW AS TWO AND THE INJURIES DO NOT NEED TO BE SERIOUS

29 IF YOUR RATE IS ABOVE YOUR INDUSTRY AVERAGE OSHA WILL SEND YOU A LETTER NOTIFYING YOU OF THIS AND THAT AS A RESULT YOUR COMPANY IS A PRIORITY FOR AN INSPECTION

30 SHOULD YOU GET THIS LETTER TAKE IT VERY SERIOUSLY!!! IN TODAY S ENVIRONMENT IT IS ONLY A MATTER OF WHEN

31 YOUR COMPANY IS AN INDUSTRY OR HAS CONDITIONS OSHA IS TARGETING FOR INSPECTIONS

32 YOU WILL NOT BE EXITING YOUR INDUSTRY YOU CAN HOWEVER KNOW IF YOURS IS A TARGET

33 PUT A PLAN IN PLACE -- TO PUT YOUR COMPANY IN THE BEST POSITION POSSIBLE -- TO AVOID AN INSPECTION OR BE READY IF YOU GET ONE

34 SOME THINGS TO CONSIDER --

35 MAKE A COMMITMENT TO A SAFETY CULTURE TOP MANAGEMENT COMMITMENT COMMITMENT OF ANY REQUIRED FINANCIAL RESOURCES

36 ASSIGN SOMEBODY IN MANAGEMENT TO BE RESPONSIBLE

37 HE/SHE CAN BECOME AN EXPERT USE A SAFETY CONSULTING COMPANY COMBINATION OF THE TWO

38 GET EMPLOYEE BUY-IN

39 SAFETY COMMITTEE

40 SAFETY GAMES -- SAFETY BINGO SAFETY CROSS EMPLOYEES WIN WHEN THERE ARE NO LOST TIME ACCIDENTS

41 CAUTION OSHA CANNOT VIEW ACTIVITY AS AN INCENTIVE TO NOT REPORT INJURIES

42 HAVE EMPLOYEE CHILDREN CREATE SAFETY DRAWINGS POST IN PLANT

43 MAKE SURE ALL OSHA MANDATED TRAINING IS DONE HAVE GOOD EMPLOYEE TRAINING RECORDS

44 HAZARDOUS COMMUNICATION LOCK OUT TAG OUT FORK LIFT DRIVE TRAINING

45 ALSO POSSIBLE -- BLOOD-BORN PATHOGENS DUST MASK TRAINING PROTECTIVE CLOTHING CONFINED SPACE

46 REP FROM WORKERS COMP INSURANCE PROVIDER COME FOR REGULAR INSPECTIONS

47 LOCAL FIRE DEPARTMENT IN FOR REGULAR INSPECTIONS

48 CONSIDER USING OSHA CONSULTING SERVICE

49 OSHA CANNOT FINE FOR VIOLATIONS -- YOU DO HAVE TO CORRECT

50 NOT EVERYONE AGREES ON THIS ONE

51 THERE CAN BE A COST

52 COMPANY GOES ON RECORD WITH OSHA AS WANTING TO FOLLOW REGS

53 GAIN INSIGHTS INTO PRIORITIES OF LOCAL OFFICE & CHANCE TO REVIEW REGS THAT ARE VAGUE

54 EVEN IF YOU CHOOSE NOT TO USE OSHA CONSULTING CALL LOCAL OFFICE WHENEVER YOU ARE IN DOUBT ABOUT HOW TO COMPLY WITH A REGULATION DOCUMENT CALL -- AND ADVICE

55 BRING A REP FROM SAFETY CONSULTING SERVICE TO DO A TRIAL INSPECTION

56 YOUR STATE MAY HAVE A SAFETY AGENCY THAT PROVIDES CONSULTING SERVICES -- USE THIS

57 YOU WILL HAVE TO CORRECT ANY VIOLATIONS FOUND OSHA MAY NOT BE ABLE TO INSPECT IF YOU ARE USING YOUR STATE S SERVICE

58 DEVELOP FACILITY INSPECTION LIST OF BASIC ITEMS OF WELL ORDERED AND SAFE PLANT WILL HAVE

59 EXAMPLES

60 PAY ATTENTION TO ANY BALCONY WHERE THINGS ARE STORED POST LOAD LIMITS HAVE RAILINGS

61 ANY ELEVATED SURFACE WHERE MAINTENANCE IS DONE TOP OF AN OVEN NEED SAFETY PROTECTION GUARD RAIL OR HARNESS

62 FIRE EXTINGUISHERS CLEARLY LABELED NOT BLOCKED

63 YOU ARE USING PROPER KNOZZLES FOR COMPRESSED AIR NOT TURNED UP TOO HIGH

64 PROPER USE OF EXTENSION CHORDS

65 USE ONLY OSHA APPROVED ELECTRIC HOUSINGS

66 ALL ELECTRIC BOXES PROPERLY LABELED

67 ALL REQUIRED PERSONAL SAFETY ITEMS SUCH AS SAFETY GLASSES ARE BEING USED!!!

68 ALL MACHINERY PROPERLY GUARDED

69 SUMP PUMP PITS HAVE COVER IN PLACE

70 ALL CONTAINERS WITH A PRODUCT IN THEM PROPERLY LABELED WITH PRODUCT NUMBER SUPPLIER

71 CONDUCT REGULAR INSPECTIONS ON FACILITY INSPECTION LIST

72 MAKE SURE YOUR SUPERVISORS UNDERSTAND THE RULES AND ENFORCE THEM NO CORNERS CUT NO MR/MS NICE GUY

73 GET A COPY OSHA SMALL BUSINESS HANDBOOK

74 ALL SAFETY ITEMS REQUIRED ON EQUIPMENT PRESENT AND OPERATING

75 EXAMPLE FIRE DETECTION + AUTO SHUTOFF BOOTH WITH AUTO GUNS

76 REVIEW ALL OSHA REPORTABLE INCIDENTS DOCUMENT REVIEW & CORRECTIVE ACTIONS

77 LOOK FOR ANY PATTERNS OR REPEATS TAKE ACTIONS TO CORRECT REPEAT MIGHT BE 2 OSHA WILL BE LOOKING FOR THIS

78 HAVE OSHA INSPECTION ACTION PLAN

79 WHAT TO DO IF AN OSHA INSPECTOR SHOWS UP

80 OSHA COMPLIANCE OFFICER WILL IDENTIFY HIM/HERSELF SHOW CREDENTIALS GIVE REASON THAT LED TO VISIT HAVE OPENING CONFERENCE

81 GOOD CHANCE OSHA LOGS WILL BE INSPECTED

82 IF ACCIDENT RATE WAS REASON FOR VISIT ACTUAL RATE WILL BE VERIFIED IF IN FACT RATE IS BELOW INDUSTRY AVERAGE INSPECTOR MOST LIKELY WILL LEAVE IF NOT HE/SHE WILL INSPECT

83 ALL OF THESE PRELIMINARIES WILL TAKE TIME TAKE ADVANTAGE OF IT!!

84 KEY PEOPLE KNOW WHAT TO DO IF OSHA VISITS ACTIVATE YOUR OSHA ACTION PLAN

85 CHECK OUT ITEMS ON FACILTY INSPECTION LIST

86 COMPANY REP SHOULD BE WITH INSPECTOR DURING INSPECTION

87 DOCUMENT ALL APPARENT VIOLATIONS GOOD IDEA TO HAVE CAMERA MOST LIKELY OSHA OFFICER WILL

88 AFTER INSPECTION POSSIBLE VIOLATIONS WILL BE REVIEWED

89 ONE OR MORE ADDITIONAL VISITS MAY BE SCHEDULED MOST LIKELY THE ONLY UNSCHEDULED VISIT WILL BE THE FIRST

90 FOR A POWDER COAT OPERATION GOOD CHANCE OSHA WILL WANT TO COME BACK TO TEST FOR DUST NOISE

91 FIX ALL VIOLATIONS AS SOON AS POSSIBLE DOCUMENT FIX COMMUNICATE TO OSHA

92 AFTER INSPECTIONS ARE CONCLUDED COMPANY WILL BE NOTIFIED OF PROPOSED VIOLATIONS FIRST POSSIBLY BY PHONE SECOND BY REGISTERED MAIL

93 DO NOT BE SURPRISED IF THIS PROCESS TAKES SEVERAL MONTHS

94 REGISTERED MAIL NOTIFICATION WILL HAVE DETAILED BREAKDOWN OF ALL VIOLATIONS REG WILL BE NOTED FINES FOR VIOLATIONS WILL BE ASSESSED

95 BE PREPARED FOR A BIG FINE NUMBER

96 WITH OFFICIAL NOTICE CLOCK STARTS TICKING COMPANY HAS 15 DAYS TO EITHER CONTEST OR AGREE TO PAY

97 MOST LIKELY OPPORTUNITY WILL BE GIVEN FOR AN INFORMAL CONFERENCE WITHIN THE 15 DAYS

98 INFORMAL CONFERENCE MEETING WITH COMPANY MANAGEMENT + OSHA OFFICIAL

99 COMPANY SHOULD DEFINITELY TAKE ADVANTAGE OF THIS OFFER

100 CHANCE TO PLEAD YOUR CASE CONTEST ANY VIOLATION OR FINE YOU FEEL IS WRONG OR EXCESSIVE

101 SOME VIOLATIONS COULD BE MINOR AND WITHOUT A FINE

102 DO NOT IGNORE THESE IF YOU FEEL THEY ARE NOT WARRENTED CONTEST

103 IS OSHA RETURNS AND DECIDES TO FINE FOR SAME THING EVEN THOUGH FIRST VIOLATION HAD NO FINE SECOND WOULD BE REPEAT AND FINE COULD BE BIGGER

104 MAKE SURE SPECIFICS THAT LED TO VIOLATION ARE DOCUMENTED BY OSHA

105 DOCUMENT ALL REMEDIATIONS COMPANY HAS ALREADY MADE

106 MOST LIKELY OSHA WILL PRESENT A COUNTER OFFER AT INFORMAL CONFERENCE

107 SOME VIOLATIONS MIGHT BE DROPPED SOME MIGHT BE COMBINED GOOD CHANCE FINES WILL BE REDUCED

108 COMPANY HAS 15 DAYS TO ACCEPT VIOLATIONS OR APPEAL

109 INFORMAL CONFERENCE WILL HAPPEN WITHIN 15 DAYS

110 COUNTER OFFER WILL MOST LIKELY BE TAKE OR LEAVE IT -- ONE OFFER

111 COMPANY CAN STILL CHOOSE TO CONTEST BUT -- FINES AND VIOLATIONS GO BACK TO ORIGINAL

112 ONCE COUNTER OFFER IS AGREED TO PAPERWORK WILL BE SET UP PAYMENT SCHEDULE SET UP OSHA WILL EVEN ALLOW PAYMENT OVER TIME!!!

113 QUESTIONS??