Surviving an OSHA Inspection: Expert Tips to Ensure Safety and Compliance (Part 4)One Crucial Tactic: Concealing Hazardous Activity During OSHA Inspections
Introduction:
When it comes to Occupational Safety and Health Administration (OSHA) inspections, knowing what to do is crucial. With penalties increasing each year, it’s more important than ever for employers to be prepared. In this four-part series, we cover the most important steps to take when OSHA arrives. The fourth tip focuses on refraining from any high hazardous activities while OSHA is present. Activities such as operating powered industrial trucks, working from heights, using cranes or hazardous chemicals can draw the attention of inspectors and lead to additional citations. Minimizing these hazardous activities can prevent scope creep and preserve time and resources during the inspection. To learn more, continue reading.
Full Article: Surviving an OSHA Inspection: Expert Tips to Ensure Safety and Compliance (Part 4)One Crucial Tactic: Concealing Hazardous Activity During OSHA Inspections
What To Do When OSHA Arrives: Ensuring Safety and Compliance
As the maximum limits for Occupational Safety and Health Administration (OSHA) penalties continue to rise, it becomes increasingly crucial for employers to know how to handle an OSHA inspection. In this four-part series, we will provide essential tips for employers when OSHA arrives at their doorstep. In our previous editions, we covered manager and supervisor interviews, document production, and the walkaround portion of the inspection. In this fourth tip, we emphasize the importance of refraining from any high hazardous activities while OSHA is present. By following these guidelines, you can minimize the chances of additional citations or an expanded inspection scope.
The Danger of Hazardous Work Activities During an OSHA Inspection
OSHA inspections are considered 4th Amendment searches, subjected to the constitutional “plain view” doctrine. This means that any violations visibly noticed by the inspector during the walkaround can result in additional citations or broaden the scope of the inspection to areas initially not under investigation. While you are not attempting to conceal anything from the inspector, it is challenging to control hazards in real-time as they occur during the inspection. To mitigate the risk of additional citations and expanded inspection, it is crucial to limit potentially hazardous activities while OSHA is present. By taking the time to minimize these hazards, you can enjoy several benefits:
Preventing Scope Creep
OSHA inspectors have the authority to expand their inspections when they observe violations in the workplace. However, many inspectors will also attempt to broaden the scope if they come across any hazards or potential hazards, even if they are not directly related to the initial focus of the investigation. Engaging in hazardous activities during OSHA’s visit could lead to additional citations and prolong the inspection process.
Preserving Time and Resources
OSHA inspections can vary in duration, ranging from a brief 30-minute walkaround to several days or weeks, depending on the complexity of the inspection. As mentioned in our previous edition, it is vital to lead the inspector directly to the area that prompted the inspection, whether it be a complaint, referral, or emphasis program. If you expose the OSHA inspector to other areas of the facility where hazardous conditions may exist, they are likely to expand their inspection, resulting in a more extensive and time-consuming process.
High Hazardous Activities That Attract OSHA’s Attention
While any workplace task can potentially pose hazards, OSHA often expands its inspections when it encounters the following high hazardous conditions:
Operating Powered Industrial Trucks
Inspectors are particularly attentive to forklifts and other powered industrial trucks, which can be hazardous without proper safety training and policies. If employees operate forklifts in front of an OSHA inspector, they may receive extensive scrutiny, including examination of the vehicle, questioning of the operator, and requests for related documents. It is vital to be adequately prepared to avoid unnecessary scope expansion.
Working at Heights
Elevated work platforms can present significant risks to workers, especially when it comes to falls. OSHA has specific standards in place to address these hazards, including requirements for fall protection measures such as harnesses. Therefore, OSHA inspectors will pay close attention to any work being conducted at heights during an inspection.
Cranes
Cranes pose an even greater risk of hazard than forklifts if they are not operated or maintained correctly. Whenever feasible, refrain from operating cranes during an OSHA inspection to reduce the likelihood of an expanded inspection scope.
Trenches and Excavations
Without proper safety precautions such as shoring or trench boxes, trenches can become deadly within seconds. OSHA inspectors will understandably focus on any work happening in trenches during an inspection. If possible, avoid conducting this type of work while OSHA is present.
Hazardous Chemicals
The use of chemicals in the workplace can be dangerous. Proper measures such as personal protective equipment, training, and safety data sheets are necessary to avoid injuries. If feasible, minimize openly handling hazardous chemicals within OSHA’s plain view during an inspection.
State Plans May Have Different Procedures
It is important to note that state OSHA programs, such as those in Washington and California, may have different inspection procedures and requirements. If you are facing an OSHA inspection in a state plan state, consult with legal counsel for guidance. This article focuses specifically on inspections conducted under federal OSHA.
Conclusion
It is crucial to understand your rights and responsibilities during an OSHA inspection. Before facing an inspection, reach out to the appropriate professionals for guidance. By staying informed and taking preemptive measures, you can ensure a smoother OSHA inspection process. Stay connected with Fisher Phillips for the latest insights on OSHA and workplace safety issues.
Summary: Surviving an OSHA Inspection: Expert Tips to Ensure Safety and Compliance (Part 4)One Crucial Tactic: Concealing Hazardous Activity During OSHA Inspections
When OSHA inspectors arrive at your workplace, it’s crucial to know what steps to take. This four-part series from Fisher Phillips covers important tips for employers during an OSHA inspection. The fourth tip focuses on refraining from high hazardous activities while OSHA is present. Engaging in dangerous tasks like operating powered industrial trucks, working at heights, using cranes, or handling hazardous chemicals can draw the attention of inspectors and lead to more citations. By minimizing these activities, employers can prevent scope creep, save time and resources, and ensure a smoother inspection process. It’s essential to be aware of state-specific inspection procedures.
Frequently Asked Questions:
Frequently Asked Questions – Focus 4 Threshold Tips for Surviving an OSHA Inspection, Part 4
Q1: What are the “Focus 4” threshold tips for surviving an OSHA inspection?
A1: The “Focus 4” threshold tips are specific strategies that businesses can employ to effectively navigate an OSHA inspection. These tips target the four most common hazards in the construction industry, namely falls, electrocution, struck-by, and caught-in/between hazards. By prioritizing safety protocols related to these hazards, businesses can improve their chances of passing an OSHA inspection successfully.
Q2: What is the significance of avoiding hazardous activity in plain view during an OSHA inspection?
A2: OSHA inspectors thoroughly examine workplaces for any signs of potential hazards or violations. Engaging in hazardous activities during an inspection can raise red flags and result in citations or penalties. It is vital to ensure that all employees are aware of the dos and don’ts during an inspection, with a specific emphasis on refraining from any hazardous activities that would be easily noticeable by an inspector.
Q3: What are some examples of hazardous activities that should be avoided during an OSHA inspection?
A3: Examples of hazardous activities that should be avoided include working at heights without appropriate fall protection, using faulty electrical equipment, operating heavy machinery without proper training, neglecting personal protective equipment (PPE), and not following established safety protocols. It is crucial to prioritize the safety of all employees and maintain compliance during an OSHA inspection by not engaging in any potentially dangerous activities.
Q4: How can a business ensure that no hazardous activity is visible during an OSHA inspection?
A4: To ensure that no hazardous activity is visible during an OSHA inspection, businesses should have a robust safety culture, provide comprehensive training programs for employees, regularly inspect and maintain equipment, enforce the use of personal protective equipment (PPE), and encourage a proactive approach towards safety. By implementing these measures, businesses can significantly reduce the likelihood of any hazardous activities being observed during an inspection.
Q5: What are the consequences of engaging in hazardous activities during an OSHA inspection?
A5: Engaging in hazardous activities during an OSHA inspection can have severe consequences for businesses. It can lead to citations, penalties, fines, and potentially damage the reputation of the company. Moreover, workers’ safety can be jeopardized, resulting in accidents or injuries. It is crucial to prioritize workplace safety and compliance to avoid these detrimental outcomes.
