Friday, March 17, 2017 Ocean State Chapter
Speaker: John Goins, OSHA Compliance Officer, Industrial Hygienist from the Rhode Island Office
Topic: Taking the mystery out of the OSHA inspection.
OSHA (Occupational Safety and Health Administration) is a federal agency that promotes safety and health in the workplace. They investigate workplace accidents, complaints of unsafe working conditions, conduct programmed inspections and provide educational outreach programs .
John spoke of a Key Points regarding OSHA.
- OSHA does not shut down operations
- As a law enforcement agency, they do issue citations, with fines that require corrections
- Their goal is to help businesses maintain a safe and healthy workplace.
Triggers that initiate an OSHA inspection are workplace accidents, complaints of unsafe working conditions and conduct programmed inspections (in industries that have higher accident or injury rates… the dental industry doesn’t usually have the criteria to warrant unannounced inspections). OSHA is usually responding to an accident or an employee complaint of an unsafe work condition.
A typical complaint inspection is reviewed by the local office’s Area Director who will decide if an inspection is warranted. If not, it is handled by phone and fax (or email) contact. Complaints are viewed as being alleged and an inspection is an objective collection of facts.
If an inspection is warranted, the complaint is assigned to a Complaint Officer who will conduct an unannounced visit to the location. They will come during normal business hours where they will ask for management and present their credentials.
In a private location, they will present the written complaint and ask about any knowledge of the complaint. They will then outline how the inspection will be done. During the facility walk through, they will limit inspection to the areas concerning the complaint, however, if another violation is obvious (plain sight hazards), it will also be addressed. . They will ask questions about work processes, take photos and communicate any concerns observed. They may take sampling if necessary to address the complaint(s).
Employee interviews will be conducted in private and will be limited to the complaint. The Compliance Officer will always be respectful for business concerns, patient privacy and concerns for not spreading contamination.
At the time of the inspection, documentation related to the complaint is reviewed, questions are asked about the documentation and the Officer will communicate any concerns that they observed.
A Closing Conference is held at the employer’s convenience where they will review the results of the inspection. The Officer will explain any apparent violations of OSHA standards and will provide recommendations. If a citation is warranted, it will be established at this time. They will also explain the employer’s obligations following the inspection.
A follow up Citation Letter will be mailed to the employer which will identify the specific violation, penalties and time frame requested for correction. These findings can be discussed or contested within 15 days. John suggested that the employer come in and discuss everything with the Area Director within the 15 days.
When asked what the average fine is, John told us that the maximum fine is $12,780. Small employers with less than 200 employees are fined at 40% of the maximum ( $5,112). Area Directors have discretion in the amount of the fine. No fine is waived if a visit is made to a facility; it may be waived if the complaint is handled by phone and fax.
If you have any questions, John is happy to answer: goins.john@dol.gov or 401-528-4053 (Rhode Island Office)
