Masonry Magazine August 1997 Page. 13
What to do...
When OSHA Arrives
By Joseph O'Connor,
Executive Vice President, Intec Inc.
Currently serves as a national representative for
various employer organizations participating in
OSHA-ACCOSH work groups and ANSI committees.
An OSHA (Occupational Safety and Health Administration) CSHO (Compliance Safety and Health Officer) walked onto a two-man jobsite. He introduced himself and performed an inspection. He determined that the senior employee was the employer representative and the other employee was the employee representative. Both employees accompanied the CSHO during the inspection. The closing conference was the CSHO's comments to the employees as he left the site. Several days later, to the employer's surprise, two citations were received. One of the employees had not received Hazard Communication training and there were no MSDSs on site.
What could these employees have done? Unless an employer has a policy in place, nothing could be done. The question of what to do when OSHA arrives is best answered by proper preparation. You need a sound safety and health program which includes a policy to address OSHA inspections. Be aware of hazards commonly cited by OSHA in the Concrete and Masonry Construction Industry (see Table I Most Frequently Cited) and insure your safety program addresses these hazards. Strengthen your position by becoming aware of the OSHA's inspection procedures which are described in this article. Establish a strategy for responding to an inspection and communicate your policy to all employees.
The Inspection
Regardless of why you were chosen for an inspection, the CSHO has two options. You may qualify for a "Focused Inspection" or a comprehensive inspection may be performed. A "Focused Inspection" is one in which the officer reviews the site, focusing on the four leading hazards, Falls, Caught in or Between, Struck by or Electrical. Other-than-serious hazards are noted but no citations are issued. During a comprehensive inspection the CSHO will issue citations for all violations.
To qualify for a Focused Inspection the site must have a safety and health plan which coordinates the safety procedures or plans followed by all subcontractors. The plan must be implemented and competent persons in place as needed. If after beginning a "Focused Inspection", too many Other-than- serious hazards are noted or a subcontractor fails to follow the plan, a CSHO may begin a comprehensive review. Both types of inspections are performed in a similar manner and may target a specific area or encompass the entire jobsite.
The CSHO will introduce himself/herself and present credentials. Your policy would go into action here. Determine whether to instruct employees to notify the CSHO that you require a warrant or allow the inspection. Be aware that CSHO will be able to obtain a warrant and return with the opinion you are hiding something. On the other hand, you may be able to get the judge to limit the warrant to a specific area or item. Statistics have shown fewer citations occur when OSHA is allowed to proceed. Once it has been determined that the inspection will proceed, an Opening Conference will be held in which the CSHO explains why he/she is there and an employer and employee representative are selected to accompany him/her for the balance of the inspection. The employer is entitled to select their representative (i.e. supervisor or safety director).
Make sure employees are instructed to ask the CSHO to wait for your representative. OSHA will wait a reasonable amount of time if the request is legitimate. During the Opening Conference and/or while waiting for the safety director to arrive, send word to employees on the jobsite that OSHA will begin an inspection. If the site is controlled by the prime contractor, request that a discrete message be sent to you or your employees of OSHA's presence. Employees should take appropriate action.
The inspection will include a review of records, site tour and Closing Conference. The CSHO usually begins by evaluating your records (OSHA Log, etc.) and safety and health plan. Employees may be interviewed.