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1995-01-22
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INFORMATION DATE 19920715
DESCRIPTION USDOL Program Highlights, Inspecting for Job Safety
SUBJECT Inspecting for Job Safety and Health Hazards
U. S. Department of Labor
Program Highlights
Fact Sheet No. OSHA 92-02
INSPECTING FOR JOB SAFETY AND HEALTH HAZARDS
THE MANDATE: The Occupational Safety and Health Act of 1970 seeks
to ".. assure so far as possible every working man and woman in the nation
safe and healthful working conditions."
As one way to promote worker protection, the Act authorizes the
Occupational Safety and Health Administration (OSHA) to set and enforce
safety and health standards. The agency conducts inspections to make sure
these specific standards are met and that the workplace is generally free
from recognized hazards likely to cause death or serious physical harm.
THE CSHO's: OSHA calls its inspectors compliance safety and health
officers (CSHO's). They are experienced professionals whose goal is to help
employers and workers reduce on-the-job hazards.
INSPECTION PRIORITIES: Not all of the 6 million workplaces covered
by federal and state OSHA's can be inspected regularly. The most
hazardous conditions need attention first.
o Imminent Danger: Imminent danger situations have top priority. An
imminent danger is a hazard that could cause death or serious physical
harm immediately, or before the danger could be eliminated through
normal enforcement procedures. When compliance officers find imminent
danger conditions, they will ask for immediate voluntary correction of
the hazard by the employer or removal of endangered employees from the
area. If an employer fails to do so, OSHA can go to the nearest
federal district court for appropriate legal action.
o Catastrophes and Fatal Accidents: High priority is also given to
investigation of job fatalities and accidents hospitalizing five or
more employees. Such accidents must be reported to OSHA within 48
hours.
o Complaints: OSHA investigates written and signed complaints by
current employees or their representatives of hazards that threaten
serious physical harm to workers. Complaints, other than imminent danger,
received from anyone other than a current employee or employee
representative, or unsigned by a current employee, or received
anonymously, may result in a letter from the agency to the employer
describing the allegation(s) and requesting a response. OSHA will not
reveal the name of the person filing the complaint, if so requested.
o Programmed Inspections: OSHA routinely conducts safety and
health inspections in high-hazard industries, like manufacturing or
construction. The agency develops its general schedule for inspecting
the most hazardous industries based on various statistical data, such
as job injury/illness rates, worker compensation, and other
information.
After entering a workplace in a high-hazard business, OSHA inspectors
consult and verify the log of injuries and illness which all employers
with more than 10 employees are required to keep. About five percent of
OSHA programmed inspections focus on firms in low hazard manufacturing
industries and an additional five percent in nonmanufacturing industries.
o Follow-Up Inspections: The agency may reinspect firms cited for
imminent danger conditions, or for willful, repeat or serious
violations. OSHA may also conduct follow-up inspections to check the
progress of long-term hazard correction programs by employers.
THE INSPECTION
o CSHO "Homework": To prepare for an inspection, compliance officers
become familiar with the history of the establishment, the operations
and processes in use, and the standards most likely to apply. They
gather all equipment necessary to test for health and safety hazards.
o At the Worksite: When an OSHA inspector arrives, he or she displays
official credentials and asks to see the employer. Employers should
always insist upon seeing the compliance officer's U.S. Department of
Labor credentials bearing their photos and serial numbers which can be
verified by the nearest OSHA office. Employers have the right to
require OSHA to obtain a warrant before permitting entry.
o Opening Conference: The compliance officer will explain the nature
of the visit, the scope of the inspection and the applicable standards.
Information on how to obtain copies of the OSHA regulations will be
furnished. A copy of any employee complaint (edited, if requested, to
conceal the employee's identity) will be provided. The employer will be
asked to select an employer representative to accompany the compliance
officer during the inspection. An authorized representative of the
employees, if any, also has the right to go along. The compliance officer
will consult with a reasonable number of employees.
o Walkaround Inspection: After the opening conference, the compliance
officer and the representatives go through the workplace, inspecting for
workplace hazards. When talking with workers, compliance officers will
try to minimize work interruptions. The Act prohibits discrimination
in any form by employers against workers because of anything they say or
show the compliance officer during the inspection or for any other OSHA
protected safety-related activity. The compliance officer will discuss
any apparent violations noted during the walkaround and will offer
technical on how to eliminate hazards.
o Closing Conference: The compliance officer reviews any apparent
violations with the employer and discusses possible methods and time
periods necessary for their correction. The compliance officer explains
that these violation may result in a citation and a proposed financial
penalty, describes the employers rights and responsibilities, and answers
all questions.
o Citations: OSHA is required by law to issue citations for
violations of safety and health standards. The agency is not permitted to
issue warnings. Citations include: 1) a description of the violation; 2)
the proposed penalty, if any; and 3) the date by which the hazard must be
corrected. In most cases the citations are prepared at the OSHA Area
Office and are mailed to the employer. Employers have 15 working days
after receipt to file an intention to contest OSHA citations before the
independent Occupational Safety and Health Review Commission.
o Settlement Agreements: If an employer believes OSHA's citations are
unreasonable, or wishes for any reason to discuss the OSHA enforcement
action, he or she may request an informal conference with the Area Director
to discuss any citations issued. The agency and the employer may work out
a settlement agreement to resolve the dispute and to eliminate the hazard.
----------------------------------------------------------------------
This is one of a series of fact sheets highlighting U.S. Department of
Labor programs. It is intended as a general description only and does
not carry the force of legal opinion. This information will be made
available to sensory impaired individuals upon request. Voice phone: (202)
523-8151. TDD message referral phone: 1-800-326-2577.