What To Do When The OSHA Inspector Shows Up Unexpectedly

While it is not necessary to batten down the hatches and prepare for a siege when an inspector from the Occupational Safety and Health Administration (OSHA) arrives, neither are you required to roll out the red carpet and welcome the inspector with open arms.

�You have a whole bunch of rights when OSHA shows up,� stated Ed Dwyer, retired director of safety and loss prevention, Collingwood Grain, Inc., Hutchinson, KS.

�But you need to be prepared and know what to do when they arrive,� he stated.

Dwyer discussed procedures for dealing with an unexpected visit from OSHA at a safety, health, and environmental compliance seminar held in Overland Park, KS in July.

The meeting was sponsored by the National Grain and Feed Association (NGFA/www.ngfa.org) and the Grain Elevator and Processing Society (GEAPS/www.geaps.com).

Local Emphasis Programs

Generally, there are three events that trigger an automatic visit from OSHA: an accident that results in three injuries or one death; imminent danger; or a complaint from an employee.

However, since OSHA implemented its local emphasis programs (LEP) in November 1999 and began focusing on grain handling facilities, the number of surprise inspection has increased dramatically.

During LEP inspections at grain facilities, investigators are looking for compliance with standards for overall grain handling, machine guards, electrical safety, and fall protection. OSHA completed 81 LEP inspections in 1999 and is on track to finish around 100 this year. Kansas alone has had 36 inspections � six more than originally slated.

Best Management Practices

A good management practice is to pretend you are an OSHA inspector and take a tour of your own facility. Look for these items:

� Overall appearance of the facility.

� Complete, current records and written programs.

� Proper training and complete records of that training.

Encourage employees to bring their complaints or concerns to you, rather than to OSHA, and address or discuss valid issues.

Dwyer said the most important aspect of this exercise is to look, listen, and learn from your mistakes, then fix any problems before the real inspector arrives.

In or Out?

You have the right to deny the OSHA inspector access to your facility, unless he has a warrant, Dwyer said.

�But it�s generally a good idea to be cooperative and friendly, unless you have a special reason not to be. For example, if you have concerns that could be addressed and fixed before he comes back, or if his paper work does not give a clean definition of the scope of the proposed investigation,� Dwyer said.

If the inspector does have a warrant, you still have rights, including:

� Challenging the warrant.

� Limiting the inspection to the boundaries of the warrant.

If you agree to admit the inspector, follow these steps:

� Check the credentials of the inspector, including his name and office. If in doubt, call OSHA to verify.

� Ask for the reason for the inspection and what type it is. If it is a complaint inspection, get a copy of the complaint.

� Follow your company policy regarding inspections, and advise your superior of any conditions or concerns.

� Be careful not to volunteer too much information, no matter how nice or friendly the inspector may be.

� If the inspection is the result of a fatality, be careful to protect your rights as OSHA may be looking for criminal neglect.

� You have the right at any time to terminate an inspection you allowed without an warrant and insist on a warrant.

Paperwork, Please

Inspections generally begin with a document review, which is a time-consuming process. At the very minimum, the inspector will check your OSHA 200 and First Report of Injury logs.

Having these documents handy, including training records, and producing them promptly will help your cause, Dwyer said.

However, he cautioned supply only those records requested and required by regulations. Some of these include:

� Hazard Communication Program and Material Safety Data Sheets.

� Emergency Action Plan.

� Confined Space Entry Procedures.

� Lockout/Tagout Procedures.

� Housekeeping Plan.

� Respiratory Protection and Personal Protective Equipment Programs.

Employee Rights

The inspector may wish to speak with employees. You can require him to do so away from the facility, but �you will maintain better control of the inspection process if it is done at the site, provided it doesn�t interfere with production,� Dwyer said.

You may ask to be present during any interviews, but your request is not likely to be granted, unless the employee is a supervisory worker.

Employees have rights, including:

� Refusing to talk to the inspector.

� Must give approval before conversations can be tape recorded.

� They do not have to sign anything.

The Inspection

The inspector will walk through the facility, taking notes and asking questions.

Be sure to remain with the inspector at all times, Dwyer emphasized, and only take him where he requests to go.

Tell the inspector if you don�t agree with the items he is identifying.

�He may not have all the information needed to evaluate a condition or item he is examining,� Dwyer said.

�And don�t agree with the inspector about a violation until you�ve had time to evaluate it with the appropriate management.�

Closing Conference

After the walk-through, you�ll meet with the inspector for a briefing on his findings. Take careful notes so you can evaluate the inspector�s concerns.

You will receive written notice of citations and proposed fines and will have 15 days to contest the citation.

Written by Coreen Stevick, associate editor