Inspections, Citations

• The OSH Act authorizes the Department of Labor to conduct inspections, issue citations and proposed penalties

• OSHA representatives are authorized to:(1) Enter without delay, at reasonable times;

(2) Inspect during regular working hours and at reasonable times and;

(3) To question privately employers and employees

Background

1903.2 Postings, Availability of the Act, Regulations & Standards

• Employers must post notice(s) provided by OSHA informing employees of the protections and obligations provided for in the Act– Posted in conspicuous location(s)

– Not altered, defaced or covered

– The OSHA poster “Job Safety and Health Protection” http://www.osha.gov/Publications/osha3165.pdf

IT’S THE LAW!

1903.2 Postings, Availability of the Act, Regulations & Standards

• All OSHA regulations are available at all Area Offices

• The employer’s OSHA materials must be provided to employees upon request

Area Offices

• Region 3• Regional Office in Philadelphia• Area Offices in DC, DE, MD, PA, VA, WV

1903.7 Conduct of Inspections

• CSHO arrives & shows credentials

• Nature, purpose and scope of inspection

• Can include photos, IH samples, questioning personnel, etc.

• CSHO follows company’s safety procedures

• Precludes unreasonable disruption of work• Closing conference to:

– Discuss apparent violations found– Employer opportunity to discuss workplace conditions

1903.7 Conduct of Inspections

1903.8 Representatives of Employers & Employees

• Representatives may accompany CSHO

to aid in the inspection

• CSHO will consult with a reasonable number of

employees

• Interference with CSHO’s inspection is

prohibited

1903.11 Complaints by Employees

• Employees may file written complaints to OHSA

• Complaint shown to employer no later than inspection date• Employees can request

anonymity • Employer retaliation is prohibited

1903.12 Inspection Not Warranted; Informal Review

• Area Director determines if reasonable grounds exist for inspections resulting from employee complaints

• An informal review may be scheduled

Opening Conference

• CSHO explains why facility was selected

• Explains purpose of visit, inspection scope and applicable standards

• Complaint copies distributed (if applicable)

• Employee representative may be summoned

Inspection Tour

• CHSO will point out unsafe conditions observed & possible corrective action if employer requests

• Some violations can be corrected

immediately. However,

some may still result in

citation

Closing Conference

• Discussion of problems, questions and answers

• Discussion of recommended citations

• Time needed for abatement

• Only Area Director issues citations and assesses

$$$ amounts

Inspection Priorities• Imminent Danger, given top priority• Employees notify employer of imminent

danger• If no action taken, notify OSHA

Inspection Priorities

• Catastrophes and Fatal Accidents, given second priority

Inspection Priorities

• Employee Complaints, third priority– Referrals from employees & outside agencies of

unsafe or unhealthful conditions

– Informal review available for decisions not to inspect

– Confidentiality is maintained on request

Inspection Priorities

• Programmed High-Hazard Inspections, given fourth priority– Aimed at high hazard industries, occupations, or

health substances

– Selection criteria examples:

• Death

• Exposure to toxic substances

Follow-up Inspections

• Determines whether previously cited violations have been corrected.

• “Notification of Failure to Abate”

Failureto

Abate

• 1st; Imminent Danger

• 2nd; Catastrophes and Fatal Accidents

• 3rd; Employee Complaints and Referrals

• 4th; Programmed High-Hazard Inspections

• 5th; Follow-Up Inspections

OSHA Inspection Priority Review

1903.14 Citations

• Area Director reviews CSHO’s inspection report

• Six month limit to issue citation following occurrence of alleged violation

• Citations will describe particular violation of The Act, standards, etc..

• Citations posted unedited immediately at the location of the alleged violation

• Posted for 3 working days or until the violation is abated, whichever is longer

• Employer notice of contest can be posted alongside

1903.16 Posting of Citations

Types of Violations• Other Than Serious Violation• Normally would not cause death or serious

injury• Normally do not accompany fines• Adjusted downward as much as 95%, if fines

are levied• Factors:

– Good faith– History of violations– Size of business

Types of Violations• Serious Violation• High probability of death or serious harm

• Mandatory fine, up to $7,000

• Adjusted downward:– Good faith

– Gravity of alleged violation

– Violation history

– Size of business

Types of Violations

• Willful Violation• Employer knowingly commits with plain

indifference to the law• Either knows action is a violation, or is

aware of hazardous condition with no effort to eliminate

• Up to $70,000 for each• Minimum of $5,000

Types of Violations

• Willful Violation• If convicted of WV that has resulted in

death, court imposed fine, up to six months in jail, or both

• Criminal conviction, up to $250,000 for individual; and years in jail

• $500,000 corporation• Corporate officers may be

imprisoned

Types of Violations

• Repeat Violation• Same or

substantially similar violation,

• Up to $70,000 for each violation

Types of Violations

• Failure to Abate• Up to $7000/day

for each violation not abated, for a maximum of 30 days

Types of Violations

• De Minimis Violation

• No direct relationship to safety or health

Types of Violations

Additional Violations

• Falsifying records• Up to $10,000, six months in jail, or both• Violations of posting requirements• Civil fine up to $7,000• Assaulting, interfering with, intimidating a CSHO while performing their

duties, up to three years in prison, and $5,000 fine

1903.14a Petitions for Modification of Abatement Date

• Employer may petition for extension of abatement date

after good faith effort to comply:

– Petition in writing

– Steps and dates of action taken

– How much more time is requested and reasons

– Interim safeguards to protect employees against cited hazard

1903.15 Proposed Penalties• Notice to employers of proposed penalties for

citations issued

• AD determines penalties based upon:– Size of business

– Gravity of violation

– Good faith of employer

– History of previous violations

1903.15 (b) Proposed Penalties• Any notice of proposed penalty deemed to

be the final order of the Review Commission unless, within 15 working days from the date of receipt of such notice, the employer notifies the Area Director in writing that he intends to contest the citation

1903.17 Employer and Employee Contests

• Notify Area Director (AD) in writing within 15 days of receipt of proposed penalty

• Specify if:– Contesting citation

– Contesting penalty

– Both

• Employees can contest abatement time

1903.18 Failure to correct violation• AD will notify employer of failure to correct

and of additional penalties• Employer may appeal

S M T W Th F Sa

1903.20 Informal conferences• Employers can request an informal

conference within 15 working days of the receipt of citations

• Employee(s) may participate in the informal conference at the discretion of the Area Director

• Legal counsel allowed

• Does not extend 15 day ‘Notice of Contest’ provisions