Before OSHA Comes Knocking

Cleaning is dangerous work and accidents can and do happen. But the inevitable inspections from Occupational Safety and Health Administration (OSHA) shouldn’t come with a feeling of dread. OSHA is simply fulfilling its mission to ensure all employees work in safe and healthy conditions in order to prevent injuries. BSCs can take the guesswork out of these visits by making sure they are doing everything necessary to comply — before OSHA shows up.

Because OSHA ultimately wants every business to succeed in their mission, the organization added compliance assistance specialists to meet with the nation’s businesses to discuss safety and health programs and distribute literature designed to help them comply with OSHA regulations. In addition, OSHA offers free confidential consultation services across the nation to conduct mock inspections.

“We’re trying to help organizations comply,” says OSHA specialist Nancy Hauter. “We want them to succeed.”

If companies fail to meet OSHA mandates, the organization may force them to comply through citations and penalties. And when citations are issued, the penalties can be severe — price tags can run as high as $7,000 per violation. In willful violations, in which company officials knew of a hazard and failed to fix it, the fines may rise to $70,000. Repeat violations pack large financial penalties as well. If the company pays a fine and fixes the problem only to violate the same regulation again six months later, the penalty again may rise to $70,000. For those companies receiving a citation and failing to correct the problem at all, a Failure-to-Abate citation may be issued. In these cases, OSHA may tack on $7,000 per day for up to 30 days.

Where OSHA is involved, it definitely pays to pay attention. Fortunately there are a variety of ways to prepare if BSCs know what to expect.

Top reasons for a visit

“OSHA doesn’t pop in without reason unless you’re in heavy manufacturing or construction,” says Curtis Chambers, vice president of OSHA Pros Inc., Arlington, Texas.

That’s good news for BSCs, but contractors should be aware that OSHA may visit for a number of reasons, says Richard De Angelis, media specialist for the OSHA Office of Communications. For instance, a fatality or accident serious enough to put three or more employees in the hospital will prompt an OSHA visit. OSHA gives companies eight hours to report a fatality, even if it occurs in the middle of the night.

Another reason for a visit is if an employee complains of unsafe or unhealthful working conditions or if any source, including the media, refers OSHA to a workplace hazard. Employees can also file a complaint anonymously. In this situation, OSHA may call the company or send a fax about the hazards addressed and ask for response in writing.

“If the company fails to respond, we’ll send out an inspector,” Hauter says. “If they respond and everything appears fine, we’ll close the case and move on.”

But for a formal complaint, signed by an employee or representative, OSHA always conducts an inspection.

OSHA may also plan targeted inspections, which focus on employers reporting high injury and illness rates and place special emphasis on programs involving hazardous work, says De Angelis. Finally, OSHA will conduct follow-up inspections and re-visit facilities to make sure previous violations have been corrected.

Common citations

BSCs should address likely areas of concern before inspection. This includes documenting training, housekeeping, paperwork, hazard communication (HazCom) and personal protective equipment (PPE) programs.

Between October 2007 and September 2008, failure to maintain adequate HazCom programs was the most common citation nationwide. Employers must maintain written programs, keep material safety data sheets readily accessible, label hazardous chemicals and properly train every employee. In 2008, companies nationwide received 78 citations in this area in 35 inspections and paid $23,000 in fines.

Failure to meet PPE requirements, which includes offering required PPE and training to employees as well as written certification, netted 42 citations nationwide in 2008.

“If they did just the top things on this list, they would be ahead of the game,” says Hauter.

BSCs should develop areas to inspect daily, weekly or monthly and then train employees to check these things.

“They can look for chemical labeling, that employees wear their PPE, and so on,” says Hauter.

Mitch Murch’s Maintenance Management Co. (4M) of St. Louis, prepares for the possibility of inspection through an internal auditing system mirroring an OSHA visit. The auditing system utilizes a weighted scoring method compiled by 4M’s vice president of safety and risk management. While many of the items represent areas OSHA might inspect, there are others on the list that Bill Crouch, 4M vice president of compliance and training, calls best practices designed to maintain employee safety.

“This program does one of two things,” Crouch says. “No. 1, it puts our team members at ease and No. 2, it makes sure we are well prepared should OSHA ever visit.”

No guarantees

Advance preparation doesn’t guarantee OSHA will never show up, but it can help BSCs prepare for the possibility. Such preparation should also include a full understanding of the inspection process, says Chambers.

When an OSHA compliance officer arrives, he or she should display official credentials and ask to meet with an appropriate employer representative. This company official should ask what brought the inspector there. An employer has a right to know the reason for the visit, whether due to an employee complaint or a programmed inspection.

The next step in the opening conference is to determine the inspection’s intended scope. Curtis recommends negotiating the scope to the specific complaint at hand.

Hauter emphasizes the compliance officer’s purpose is to inspect a specific complaint, not to check over the entire facility. However, legally, inspectors can use anything in plain view so if other hazards are noticed, the inspection can be expanded.

The official also may ask to review specific paperwork and the company only needs to provide the paperwork in question. Inspectors are likely to review written HazCom or PPE program materials, training documentation and more. All paperwork must be readily available, adds Crouch, who states 4M keeps its safety and training documents in a central location where they can be faxed over in less than 15 minutes.

OSHA views maintaining paperwork as critical to safe operations, says Chambers.

“People may say, ‘It is just paperwork,’ but not having it can cost thousands of dollars and sets a bad tone,” he adds. “If you don’t have safety protocols, training and records, it shows you lack a safety program and you really don’t care.”

Company employees may be asked to comment about perceived violations, and BSCs won’t want to lie. Providing false information to OSHA packs a hefty price that includes six months in jail and/or a $10,000 penalty.

After the inspection concludes, a closing conference informs the BSC of any unsafe or unhealthy working conditions observed and looks at possible corrective actions. If a corrective action can be completed immediately, it is important to do so because it shows good faith, says Chambers.

No citations are issued at the closing conference. OSHA has up to six months to serve citations via certified mail.

Paying the price

When an employer receives a citation, OSHA gives the company 15 working days to do one of three things. The first is to accept the citation, fix the violation and pay the fine. Or, contest the citation by mailing OSHA a letter requesting a court hearing. Chambers recommends taking this option only if the company has a solid case.

If neither of those options are suitable, BSCs can schedule an informal conference to plead the case with OSHA’s area director. The goal here is to see if there is something that needs to be thrown out or whether fine amounts may be reduced. It is often to an employers benefit to seek out this option.

“Sometimes they throw everything out. Sometimes they don’t throw anything out,” Chambers says. “But most of the time they’ll do something to get you to settle because they don’t want to go to court.”

It is just good business for BSCs to protect themselves before, during and after an OSHA inspection. However, OSHA mandates shouldn’t leave any BSC with a bad taste in his mouth, says Crouch.

“Whether or not you are ever audited by OSHA is almost irrelevant,” he says. “These requirements keep your facility safe for employees and that should be everyone’s goal.”

Ronnie Garrett is a freelance writer based in the Milwaukee area.