Issue link: http://psai.uberflip.com/i/1084319
50 2019 INDUSTRY RESOURCE DIRECTORY OSHA OSHA Inspections: What You Need to Know * Nobody wants to deal with an OSHA inspection. They take time, patience, and a lot of diplomacy. They test your recordkeeping, employee relations, and if something is wrong, can result in expenses you hadn't planned. If you are lucky and running a safe operation, you may never have to deal with and OSHA inspection. On the other hand, you just might be inspected one day and it's important to know how these things work. Why would OSHA inspect me? If your company is covered by the Occupational Safety and Health Act, your employees have the right to request an OSHA inspection. OSHA also may make unrequested inspections, and they are required to do so in cases of serious injuries or work-related deaths that occurred somewhere other than in a traffic accident. Inspections can cover the entire workplace or just a few operations. OSHA calls its inspectors "compliance officers." Some are trained about safety hazards; some are trained about health hazards (industrial hygienists); a few are trained about both. What would they be looking for? OSHA's compliance officers are looking to see whether your company is complying with OSHA standards. When a specific OSHA standard applies to a clear hazard, it may prove to be somewhat straightforward for OSHA to inspect a complaint. However, OSHA does not have standards for every hazard, and some current OSHA standards are not fully protective of workers' health or safety. Sometimes the "General Duty Clause" which states that employers are required to provide their employees with a place of employment that "is free from recognizable hazards that are causing or likely to cause death or serious harm" to employees can provide the basis for an inspection. However, while it is possible for OSHA to issue a "General Duty Clause" citation for hazards not covered, or not covered sufficiently, by OSHA standards, the requirements for issuing such a citation are very stringent and OSHA may not be able to issue one. Does OSHA have to investigate every complaint—even a bogus claim from a disgruntled employee? With a few notable exceptions such as serious injury or death, OSHA has some discretion in what it investigates. They will only get involved if what is being alleged pertains to workplace safety and the OSHA standards. Random complaints about the coffee pot not working will likely not lead to investigative action from OSHA. Often, OSHA prefers to "investigate" complaints by faxing a letter asking about the hazard to the employer, rather than by conducting an on-site inspection. The employer is required to respond back to OSHA within five working days. However, if an employee gives OSHA a written, signed complaint that documents a hazard or an OSHA violation and wants OSHA to come to your company workplace, OSHA must do an on-site inspection. *Much of the information in this article is based on material from the National Council for Occupational Safety and Health. It was produced under grant number SH20853SH0 from the Occupational Safety and Health Administration, U.S. Department of Labor and adapted for the PSAI by Karleen Kos. We have also relied on an article by Eric J Conn written for SHRM, "Know Your OSHA Inspection Rights" and an article by David Quezada on bizjournals.com called "7 Things You Need to Know to Survive an OSHA Inspection." Better worksites. Better weekends. Better world. EXCLUSIVE MEMBERS-ONLY CONTENT REDACTED Join us now at www.psai.org for access to this valuable information.