OSHA Inspections processes and
procedures.
OSHA conducts inspections without advance notice, except in
rare circumstances. OSHA has a system of inspection priorities as per below:
- 1st priority : imminent danger.
- 2nd priority : fatality / catastrophe.
- 3rd priority : complaints / referrals.
- 4th priority : programmed inspections.
1- Imminent danger.
A condition where there is reasonable certainly a danger
exists that can be expected to cause death or serious physical harm
immediately.
OSHA may contact the employer and try to have workers
removed from the danger right away. ACHO will inspect no later than one day
after the report was received.
2- Fatalities and Catastrophes.
The employer must report to OSHA any worker fatality. OSHA
starts investigations as soon as possible after getting the report. CHOS gather
evidence and interview the employer, workers, and others to determine the
causes of the event and whether violations occurred.
3- Complaints and Referral.
A worker or worker representative can file a complaint about
a safety or health hazard in the workplace. Generally necessary for the
complaint to be written and signed for OSHA to conduct an inspection, in other
cases, OSHA may conduct the employer by phone, email, or fax.
4- Programmed inspections.
These inspections cover industries and employers with high
injury and illness rates, specific hazards, or other exposures.
OHSA also conducts follow-up and monitoring inspections.
These inspections are made as needed and take priority over-programmed
inspections. Follow-up inspections are made to see if violations cited on an
earlier inspection were fixed.
Monitoring inspections are made to make sure hazards are
being corrected and workers are protected whenever a long period of time is
needed for hazards to be fixed.
There is a four major stages of an OSHA inspections.
1- Presenting credentials.
When arriving at the workplace, the CSHO finds out who is in
charge and presents his or her credentials.
2- Opening conference.
The CSHO finds out if workers are represented and if no,
make sure the worker representative participates in all phases of the
inspection. If employer or worker representative object to a joint conference,
separate conference is hold. In the opening conference the CSHO will:
- explains why OSHA selected the workplace for inspection.
- obtains information about the company and PPE needed, etc.
- explain the purpose, scope, procedures, worker
representation, privacy, closing conference, etc.
- determine any inspection exemption.
- check the injury and illness records, OSHA poster, OSHA
300 A (if applicable), and other records related to safety and health issues.
3- The walk around.
CSHO may interview workers, take photographs and video.
Apparent violations are identified documented and CSHO will conduct all worker
interviews in private, although workers nay request that a union representative
be present.
4- Closing conference.
Held with the employer and the worker representative wither
jointly or separately. Apparent violations are estimated times for correction
discussed. Both employer and worker representatives are told of their rights to
take part in any future meetings and their contest rights. Citation is sent in
the mail at later date, no later than 6 months after the inspection.
- Citation and Penalties.
Citation informs the employer and workers of:
1- Regulation and standards the employer allegedly violated.
2- Any hazardous working conditions covered.
3- Proposed length of time set for abatement of hazards.
4- Any proposed penalties.
Citations are sent by certified mail and the employer must
post a copy of each citation at or near the place the violation occurred for 3
days or until is fixed. The employer must inform workers and their representatives
of the correction they make.
Penalties based on violation type and can category as:
- Failure to abate.
Up to 7000 $ for each day an employer fails to correct a
previously cited violation beyond the required date.
- Falsifying information.
Fine up to 10000 $ or up to 6 months in jail or both.
- Violation of posting.
Up to 7000 $ for each violation.
- Appeals process.
Employers and workers have the right to appeal parts of an
OSHA citation. Workers and their representatives may request an informal
conference with OSHA to discuss the inspection, citation, penalties, notice of
the content, abatement time, or employer’s petition for modification of
abatement.
The appeal process will do in writing within the 15 working
days context period.