OSHA INSPECTION CHECKLIST

HANDLING AN OSHA INSPECTIONHANDLING AN OSHA INSPECTION

How To Prepare For An Osha Inspection

The Occupational Safety and Health Act (OSH Act) authorizes the Occupational Safety and Health Administration (OSHA) to conduct workplace inspections and investigations to determine whether employers are complying with federal safety and health standards. According to the U.S. Department of Labor Data Enforcement Statistics, in 2015 OSHA conducted more than 77,000 inspections identifying nearly 120,000 violations of OSHA standards and assessing more than $154 million in penalties on employers.

One of the worst experiences an employer can have is to have an OSHA inspector show up at a worksite unannounced to perform an inspection. The following checklists were created by our partners at Constangy, Brooks, Smith & Prophete, LLP, and explain what actions employers should take to be prepared for an OSHA inspection and actions to take during the course of an inspection. Note that OSHA will only provide employers with advance notice of an inspection under the following four conditions:

In cases of apparent imminent danger in order to get management to �x the condition immediately. When the inspection must be after regular business hours or when special preparations are necessary. If management and worker representatives are not likely to be on-site unless they have advance notice.In other circumstances where the OSHA Area Director thinks a more complete inspection would result, such as in a fatality investigation.

The following are actions all employers should take to be prepared in the event of an OSHA inspection:

Appoint and Train OSHA Inspection Coordinators and Alternates. Appoint and train, as necessary, an appropriate number of OSHA Inspection Coordinators and alternates so that one coordinator or alternate can be immediately available to represent the Company during any OSHA inspection at any plant. Inspection Coordinators and alternates need to be familiar with the following:

The Company’s products and any hazardous substances to which associates may be exposed (and, if applicable, how such substances are monitored).All Company safety policies and procedures and the nature and extent of the Company’s safety program. Company policy regarding OSHA inspections, including: (a) the Company’s OSHA Inspection Guidelines, and (b) the accompanying OSHA Inspection Form, which is to be �lled out during an inspection.

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OSHA rules and regulations regarding inspections and citations. The location of all records required to be kept under the Occupational Safety and Health Act and OSHA standards and regulations, including OSHA 300 logs (or 200 logs, as appropriate) for the previous �ve years. OSHA developments of relevance to OSHA inspections and any pending OSHA litigation in which the Company is involved.

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HANDLING AN OSHA INSPECTIONHANDLING AN OSHA INSPECTION

Establish a Resource Location for OSHA Materials at Each Plant. Keep the OSHA Inspection Guidelines, the OSHA Inspection Form, and a copy of the relevant Occupational Safety and Health Act standards and regulations in a location readily available to the Inspection Coordinator.

Instruct Employees Who May First Encounter an OSHA Inspector. Provide all employees who might �rst encounter an OSHA Inspector (such as guards or receptionists) with instruction on what they are to do when an OSHA Inspector arrives. In particular, they must be given the names(s) and numbers(s) of the Company representative they must call. They must be instructed that they are not to allow the OSHA Inspector entry until the appropriate Company representative has been contacted, and that the Inspector should be taken to a designated conference room or other location until the Inspection Coordinator arrives. The guards and/or receptionist should be instructed to be courteous and offer refreshments to the Inspector(s) during their wait.

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OSHA INSPECTION CHECKLISTOSHA INSPECTION CHECKLIST

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The following are actions the employer should take during an OSHA inspection:

Who will meet? Decide ahead of time who will meet with the OSHA Compliance Of�cers(s) during the Opening Conference and the Walkaround Inspection. What to do at the Opening Conference. At the Opening Conference, after reviewing the credentials of the Compliance Of�cer(s) to determine that they are authorized representatives of the local OSHA Area Of�ce, �nd out:

The names of the Compliance Of�cer(s). Whether they are Safety Specialists or Industrial Hygienists. The purpose of the inspection. What they intend to do that day and how long they anticipate being on-site.

Who to notify. Contact the Safety Coordinator or other professional responsible for your location. Limit the inspection scope. If the basis of the inspection is a complaint, get a copy of the complaint from the OSHA Compliance Of�cer(s). Limit the scope of the inspection to the complaint items, although a Compliance Of�cer is authorized to broaden the inspection to include anything else that is observed or in plain view. Keep a list of provided documents. Keep a list and a copy of every document that you provide to OSHA. If you have any questions about the relevancy of a requested document, contact the Safety Coordinator or other professional responsible for your location’s safety before turning the document over to OSHA. Accompany the Compliance Officer at all times. Make sure that someone is with each of the OSHA Compliance Of�cers at all times during the Walkaround Inspection. Take written notes of any pertinent comments or observations that the Compliance Of�cers make, and take parallel photographs, videotape, or measurements of anything that the Compliance Of�cers photograph, videotape, or measure. Designate someone to sit in on all management interviews. The Company has a right to have someone present during any interview of a member of management, which typically includes managers from �rst line foremen or supervisors up to the Plant Manager or General Manager. A designated person should always sit in on all management interviews. OSHA may interview hourly employees privately. Explain to all interviewees, both hourly and management, that they do not have to agree to have the interview either audiotaped or videotaped and that they are under no obligation to sign a statement that the Compliance Of�cers create from the interview. If an employee elects to sign such a statement, the employee has a right to receive a copy of that statement and should get a copy at the conclusion of the interview. Report the status of the inspection each day to safety management. At the conclusion of each day’s inspection, ask the Compliance Of�cers for an informal summary of their observations — primarily whether they observe any apparent violations — and ask what OSHA plans to do next. Report the status of the

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inspection each day to the Safety Contact person coordinating the inspection and fax a Report of OSHA Inspection form to Corporate Safety within 24 hours of each days’ visit by OSHA Compliance Of�cers. Record apparent violations. During the closing conference, write down each apparent violation identi�ed by the Compliance Of�cers, listing the speci�c OSHA Standard provision and the machines, employees, or work areas in question.Review and forward citations immediately. Make sure that a procedure is in place to receive OSHA citations and forward them immediately to Corporate Safety and the Safety Coordinator who has coordinated the inspection. The failure to contest citations within 15 working days of receipt means that all of the cited items and proposed penalties are �nal and cannot be appealed in any way.

OSHA INSPECTION CHECKLIST

thinkhr.com 877.225.1101

Edition: 01.0116

The following are actions the employer should take during an OSHA inspection:

Who will meet? Decide ahead of time who will meet with the OSHA Compliance Of�cers(s) during the Opening Conference and the Walkaround Inspection. What to do at the Opening Conference. At the Opening Conference, after reviewing the credentials of the Compliance Of�cer(s) to determine that they are authorized representatives of the local OSHA Area Of�ce, �nd out:

The names of the Compliance Of�cer(s). Whether they are Safety Specialists or Industrial Hygienists. The purpose of the inspection. What they intend to do that day and how long they anticipate being on-site.

Who to notify. Contact the Safety Coordinator or other professional responsible for your location. Limit the inspection scope. If the basis of the inspection is a complaint, get a copy of the complaint from the OSHA Compliance Of�cer(s). Limit the scope of the inspection to the complaint items, although a Compliance Of�cer is authorized to broaden the inspection to include anything else that is observed or in plain view. Keep a list of provided documents. Keep a list and a copy of every document that you provide to OSHA. If you have any questions about the relevancy of a requested document, contact the Safety Coordinator or other professional responsible for your location’s safety before turning the document over to OSHA. Accompany the Compliance Officer at all times. Make sure that someone is with each of the OSHA Compliance Of�cers at all times during the Walkaround Inspection. Take written notes of any pertinent comments or observations that the Compliance Of�cers make, and take parallel photographs, videotape, or measurements of anything that the Compliance Of�cers photograph, videotape, or measure. Designate someone to sit in on all management interviews. The Company has a right to have someone present during any interview of a member of management, which typically includes managers from �rst line foremen or supervisors up to the Plant Manager or General Manager. A designated person should always sit in on all management interviews. OSHA may interview hourly employees privately. Explain to all interviewees, both hourly and management, that they do not have to agree to have the interview either audiotaped or videotaped and that they are under no obligation to sign a statement that the Compliance Of�cers create from the interview. If an employee elects to sign such a statement, the employee has a right to receive a copy of that statement and should get a copy at the conclusion of the interview. Report the status of the inspection each day to safety management. At the conclusion of each day’s inspection, ask the Compliance Of�cers for an informal summary of their observations — primarily whether they observe any apparent violations — and ask what OSHA plans to do next. Report the status of the

inspection each day to the Safety Contact person coordinating the inspection and fax a Report of OSHA Inspection form to Corporate Safety within 24 hours of each days’ visit by OSHA Compliance Of�cers. Record apparent violations. During the closing conference, write down each apparent violation identi�ed by the Compliance Of�cers, listing the speci�c OSHA Standard provision and the machines, employees, or work areas in question.Review and forward citations immediately. Make sure that a procedure is in place to receive OSHA citations and forward them immediately to Corporate Safety and the Safety Coordinator who has coordinated the inspection. The failure to contest citations within 15 working days of receipt means that all of the cited items and proposed penalties are �nal and cannot be appealed in any way.

Edition: 01.1015

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