Get ready for an OSHA inspection
Everyone wants a safe work place, but a visit from OSHA can raise concerns. Because of the negative press covering citations and fines and because of the increased number of complex programs that OSHA requires, these concerns are justified. This article will give some basic background information on how OSHA works and some tips on how to prepare for an inspection.

Preparing for an inspection is an important activity. OSHA’s only means to enforce compliance is through inspection. Prepare for the inspection just as you would prepare for a presentation to an important customer or client.

Basic OSHA information
OSHA can conduct an inspection for the following reasons:
• Imminent danger: Allegations of an imminent danger situation will receive highest priority. The inspection will be conducted within 24 hours of notice of the imminent danger to OSHA unless extraordinary circumstances exist.
• Fatality and catastrophe: Accidents will be investigated if they include any of the following conditions:
o One or more fatalities
o Three or more employees hospitalized for more than 24 hours
o Significant publicity
• Program inspections based upon Federal OSHA priorities
• Employee or ex-employee complaint: Complaints are investigated by inspection or by letter. If OSHA formalizes the complaint by a letter, your letter reply to the complaint is a serious report, not to be taken lightly. Complaints to OSHA that are signed by an employee will always result in an inspection. The inspection, however, may be limited to the items in the complaint.
• Programmed inspection: OSHA Policy requires that programmed inspections will be conducted in industries where OSHA expects to achieve a significant impact or has targeted specific hazards.
• Follow-up inspection: OSHA can re-inspect to assure that an employer has abated the violations that have been cited. Fines are usually approximately ten times higher for

OSHA has a burden of proof for a citation
Before issuing a citation, the OSHA inspector will establish the following factual beliefs:
• A condition existed that violated a regulation
• Employees were exposed to the condition.
• The employer knew or should have known of the violating condition.
• There were feasible means to correct the violating condition.
Time limitations exist on information OSHA can access. OSHA can review records from the previous six months to establish a condition that can be cited. The OSHA 300 Log of Injuries and Illness records, however, must be available for the five previous years.

Components of an OSHA inspection
All OSHA inspections have prescribed steps, and you should be aware of all of them. You have a basic right as an employer to expect that the inspection be conducted at a reasonable time and in a reasonable manner. The following steps are mandatory for the inspectors:
• Entry: The first thing an inspector should do is ask for an official of the employer and present official credentials identifying himself or herself as an inspector.
• Opening interview: The inspector will begin talking about the facility or visiting with the employer’s representative. At this time, all employers should be freely given the following information about the inspection:
o The extent of the inspection or of the limits of the inspection
o The reason for the inspection
o Approximately how long the inspection will take
o How the inspector will conduct the inspection
• Review of records: The inspector will review the past five years of OSHA 300 log records and all of the employer’s written programs. Copies may be requested so that the inspector may return to the home office and review the written materials in greater detail. You are required to make copies of written programs and OSHA records available to the inspector if they are requested.
• Walk around inspection: The inspector will walk around the facility to gain a general familiarity with hazards and regulations that may be involved. This is preliminary to the actual, on-floor inspection and the inspector may return to the home office to gather additional information about your particular operation before continuing the actual inspection.
• Employee interviews: The inspector will interview a prescribed number of employees. These are usually confidential interviews unless the employee would like to have you present-and some do. An employee can refuse to talk to an inspector.
• The inspection: The inspector will retrace his or her steps, note alleged violations, and photograph and document those conditions believed to represent a violation.
• Closing conference: The inspector will leave and later return to the facility to discuss the alleged violations and attempt to have the employer set abatement dates.

Rights of an employer
You have several rights as an employer and corporate “person.” If you admit an OSHA inspector into your facility and act as a cooperative businessperson, you have waived a number of those rights. Waiver means that you cannot recover those rights by any means. An employer’s rights are only preserved by a request for an inspection warrant. This is an administrative (NOT criminal) warrant. It is not adversarial; it preserves your rights, and it is a simple matter of procedure. If you do not ask for a warrant, you have committed yourself to a “voluntary” inspection.

Should you ask for a warrant? Our experience has been that no employer who has required a warrant has regretted that decision. Some employers who have not required a warrant have had regrets. Each inspection or inspector and the timing or reason for the inspection will be different and you must make a decision to require a warrant based upon the immediate facts.

You have several important things to know when an administrative warrant is served: it can only be served upon an authorized employer representative, usually a corporate officer; and that arrangements can be made for the inspection to be conducted at a reasonable time. It does not authorize an inspector to march into your facility accompanied by armed guards. It does mean that the inspection will be conducted at some time during a 30-day period.

When the inspection occurs
An inspector cannot simply walk in and snoop around in your facilities. The inspector is required to enter and announce his or her presence and identity according to an entry protocol. Be sure to train your receptionist or other management personnel who may be in charge during your absence to control entry into your facilities.
A pre-appointed person should always be available to meet the inspector, examine credentials, and require a warrant or submit to a voluntary inspection. This person can also be the only representative of management (a corporate officer) who can be served with the warrant. Do not allow the inspector into your facilities until you or someone you have appointed is present and can accompany him or her.

Inspectors are instructed to wait, for management to appear. This may not be what the inspector claims, but it is your right. The inspector will ask to see all of your written programs, training certification sheets, hazardous chemical listing, Material Safety Data Sheets (MSDS) for the hazardous chemicals, and OSHA 300 Log. The inspector may request other items, and you are generally obliged to furnish a copy. Know where these items are kept and keep them in good order. Be prepared to have copies made at the request of the inspector.

The inspector may ask for information that the OSHA Standards do not require you to have or to keep. If you do not have these items, such as an employee list with addresses and telephone numbers, you are not required to create a new record.
The inspector will then start on a methodical inspection of the facilities. The employer or an employee representative must accompany the inspector during the inspection. Be sure to have a camera with you and have extra film. Take notes during the inspection and photograph everything that the inspector photographs. Take additional photographs if the inspector appears to miss some detail.

The inspector will conduct employee interviews at various times during the inspection. Employees have the right to be interviewed privately and may request a union representative or other person to also be present. Even employer representatives (supervision or management) may be interviewed.

Answer questions truthfully. Do not volunteer information or profess good intentions. Your casual remarks or careless conversation could be used against you. Do not operate or demonstrate equipment that is not actually being used by an employee. You must show only your normal operation.

Do not permit the inspector to expand the inspection beyond what is specified in the warrant or what was agreed upon before the inspection. Do not allow the inspector to do anything or go anywhere that you would prevent your employees from doing or going. Correct a minor, easily correctable violation as soon as you notice it. Do not wait for the inspector to be first to notice the violating condition.

The inspector will conduct a closing conference to advise you of the alleged violations that were discovered. Review your inspection notes. Prepare for the conference by resolving to listen to the inspector and take notes during his or her presentation. He or she will also ask you how much time is required to abate the violations. Your answer to abatement questions must be only “No comment.”

Your best preparation for a potential OSHA inspection is compliance. The Occupational Safety and Health Act has been in effect for over a quarter of a century, and no employer is given the benefit of the doubt if an interpretation of the OSHA requirements is questioned. You add the cost of a penalty to the cost of compliance when you wait to see if OSHA will cite or require you to take certain safety measures. Compliance will be more involved simply because of OSHA involvement.

Rick Scott is the Safety Director for A Plus Benefits, Inc.

Cumulative Trauma Disorders (CTDs)
The personal computer has become an all pervasive universal work tool. Jobs from the shop floor to the executive office now involve frequent, repetitive computer use. This means that people in the workplace are typing and clicking at an unprecedented pace. Frequent and, and for some, constant computer use have led to an explosion of injuries heretofore seen mostly in the manufacturing, production and shipping industries. Collectively, these injuries are known as cumulative trauma disorders (CTDS).

Define
CTD is an umbrella term that covers a number of injuries caused by forceful or awkward movements repeated frequently over time. Other aggravating factors include poor posture, an improperly designed workstation, poor tool design, and job stress. CTDs occur to the muscles, nerves, and tendons of the hands, arms, shoulders, and neck.

Enforcement by OSHA
Although the ergonomics guidelines developed by OSHA are voluntary, at least for the foreseeable future, the agency does claim it will use the general duty clause of the OSH Act to enforce the guidelines in certain situations. OSHA’s criteria for applying the general duty clause are as follows:

1. Is there currently an ergonomic hazard that is causing injuries?
2. Does the employer in question know about the hazard (or should the employer know)?
3. Are the injuries caused by the ergonomic hazard resulting in serious physical harm?
4. Are there feasible alternatives available to the employer for reducing, abating, or minimizing the hazard?
Although the use of the general duty clause to enforce voluntary ergonomics guidelines is controversial and has been questioned by many employers in theory, in practice this is the approach OSHA will use.

OSHA’s ergonomic guidelines are focused on the following industries:
• Patient handling
• Shipping and receiving
• Baggage handlers
• Warehouse
• Beverage and water handling and delivery
• Retail
• Garbage and trash collecting
• Assembly work
• Piecework assembly
• Product inspection
• Meat, Poultry and Fish
• Machine loading
• Textile manufacturing
• Food preparation
• Banking
• Cabinet making
• Tire making

CTDs: Work Related or Non Work Related?
CTDs present a difficult challenge to safety and health professionals on two levels. First, identifying the source of the employee’s injury can be difficult because of the interplay or non work related activities such as hobbies, playing musical instruments, medications, previous surgeries, hypertension, and other disorders. Second, treatment and rehabilitation can be hindered by outside activities. Consequently, prevention programs should be broad enough to take outside activities into account.

Preventing CTDs
The best way to prevent CTDs is proper work design. In addition, it also helps to make employees and management aware of the hazards that can cause it. These hazards include poor posture at the workstation, inappropriate positioning of the hands and arms, a heavy hand on a keyboard or mouse, and any other act that repeatedly puts the body in an unnatural posture while using the hands. Ergonomically sound workstations can help prevent CTDs, especially when they can be modified to fit the individual employee. However, even the best ergonomic design cannot prevent a heavy hand on the keyboard or mouse. Consequently, ergonomics is only part of the answer: Following are some preventive strategies that can be applied in any organization:

1. Teach the warning signs: CTDs occur cumulatively over time. Warning signs: weakness in the hands or forearms, tingling, numbness, heaviness in the hands, clumsiness, stiffness, lack of control over the fingers, cold hands, and tenderness to the touch.
2. Teach how to stretch: Employees whose jobs involve repetitive motion work such as typing many help prevent CTDs by using stretching exercises.
3. Teach employees to start slowly: Teach employees to limber up, then begin slowly and increase
pace gradually.
4. Avoid wrist splints: Teach employees to position their hands properly without using wrist splints. Splints can cause the muscle that they support to atrophy, thereby actually increasing the likelihood of problems.
5. Start an exercise group: Exercises that strengthen the hands and forearms coupled with exercises that gently stretch hand and forearm muscles may be a preventive measure.
6. Select tools wisely: CTDs are most frequently associated with the repetitive use of video display terminals and hand tools. Note that ergonomically designed hand tools will not overcome poor job design. Good job design and proper tools selection, together, are the best strategy.

Requirements for a full ergonomic program consist of the following components:

• Management leadership and employee participation
• Training
• Record Keeping

Resource: www.osha.gov

If you have any questions pertaining to your companies Occupational Health and Safety program, please email Rick Scott at rscott@aplusbenefits.com

When an inspector from the office of the Occupational Safety and Health Administration arrives at your door, you do not have to be caught unprepared. First impressions do count! With the assistance of A Plus Benefits; your company can be prepared for that safety audit.

I have compiled a list of the most 10 frequently violated workplace safety standards, which I have experienced. Here they are:

1. Neglecting to have a written Hazard Communication Program. An acceptable program is comprised of a list of any dangerous chemicals in the workplace, a written policy on the labeling procedure of these containers, material data worksheets for each chemical on the list which employees can easily access, and employee training covering the OSHA standard and workplace risks.

2. Failing to provide information and training on hazardous chemicals. A written program is only the first step. You must have a program in place that informs and prepares your employees for potential chemical hazards.

3. Not protecting electrical conductors going into boxes, cabinets or fittings.

4. No electrical covers and canopies. If an inspection identifies this problem, ask a qualified electrician to fix it. In addition, you should buy a low-priced polarity checker from the hardware store and test all outlets for proper polarity (since the OSHA inspector will do so, too). If you discover some incorrect polarity—a possible shock hazard—ask a licensed electrician to fix the problem right away.

5. Tongue guards are absent or not adjusted on abrasive wheel grinders. Guards should be placed close to the wheel—within one inch. Employees operating the wheel grinders must wear safety glasses and a face shield.

6. Not using hard hats at construction sites. In addition, you must also check that your hard hats follow the specifications of the American National Standards Institute (ANSI).

7. Insufficient protection against falls. All walking or working surfaces that are 6 feet or higher from the ground and are used by employees should be equipped with a guardrail, safety net or other system to prevent or cushion falls.

8. Not enough portable fire extinguishers. Also, train your employees on how to use such devices.

9. Improper use of flexible electrical cords. Extension cords for home use were not built to meet the demands of a business environment. Opt for heavy-duty cords and make sure they are not routed through holes in walls, ceilings or floors. Remember that these cords should not replace fixed, enclosed wiring.

10. Neglecting to list work-related injuries and illnesses in an OSHA Form 300 log. In general, companies with 11 or more workers in certain industries such as agriculture, construction, manufacturing, transportation, communications, public utilities, wholesale trade, most retail stores and health services are required to keep these records.

MOST FREQUENTLY CITED STANDARDS IN 2008
The following were the top 10 most frequently cited standards in fiscal year 2008 (Oct 2007 through Sep 2008), per www.osha.gov.

1. Scaffolding (29 CFR 1926.451)
2. Fall Protection (29 CFR 1926.501)
3. Hazard Communication Program (29 CFR 1910.1200)
4. Lockout/Tagout (29 CFR 1910.147)
5. Respiratory Protection (29 CFR 1910.134)
6. Electrical Wiring and Equipment (29 CFR 1910.305)
7. Powered Industrial trucks (29 CFR 1910.178)
8. Ladders (29 CFR 1926.1053)
9. Machine Guarding (29 CFR 19110.212)
10. Electrical systems design (29 CFR 1910.303)

The following are the standards for which OSHA assessed the highest penalties in fiscal year 2008 (Oct 2007 through Sep 2008) per www.osha.gov.
1. Fall Protection (29 CFR 1926.501)
2. Scaffolding (29 CFR 1926.451)
3. Electrical hazards (29 CFR 1910.307)
4. Lockout/Tagout (29 CFR 1910.147)
5. Excavations (29 CFR 1926 652)
6. Machine Guarding (29 CFR 1910.212)
7. General Duty Clause (Section 5(a)(1) of the OSH Act
8. Powered Industrial Trucks (29 CFR 1910.178)
9. Walking working surfaces (29 CFR 1910.22

Rick Scott is the Safety Director for A Plus Benefits, Inc.

Here are my tips to assist your company in preparing for the winter months

Space heaters in the office areas:
Space heaters must be new or in good condition and, as with all portable heating devices, they should be turned off when the employee leaves for the day. Paper and anything else that can burn should be kept at least three feet away from any heating equipment. Inspect the heaters for problems like loose connections and cracked, frayed, or broken plugs. Extension cords should never be used with a space heater, which includes “power strips.”

Cold Weather Injuries:
“Frostbite is currently the most common cold induced encountered during the winter months. Isolated episodes are usually associated with an episode of carelessness or sudden weather change. Fortunately, most frostbite injuries occurring during activities are of low degree or severity, and do not usually result in permanent tissue damage.”1

Remember that cold weather injuries are preventable. Most freezing injuries will be recognized and initially managed by fellow workers. The business owner must assure that employees working outside are well trained in the recognition and management of these injuries. Frostbite injury results when tissue is cooled sufficiently to freeze. Tissues with large surface like ears or with restricted circulation like hands and feet are particularly susceptible to freezing. However, any tissue exposed to severe cold can freeze.

Employers responsibly to prevent cold weather injuries and illnesses:
• Provide regular rest breaks, out of the cold weather.
• Set steady work pace, so workers do not sweat.
• Provide warm fluids and water to workers.

Employees can prevent cold weather injuries by dressing appropriately.
• Wear several protective layers to trap body heat.
• Wear a hat; “30% of body heat is lost through the head if it is not covered”.2
• Wear mittens.
• Wear clean clothing.
• Use the buddy system.
• Drink plenty of warm fluids.
• Eat nutritious foods.

Vehicle Batteries must be maintained during winter months:
Safety warning: Batteries can be hazardous! Batteries produce hydrogen gas which is explosive. Keep all sparks and flame away from batteries. Additionally, batteries contain sulfuric acid, which can cause severe burns, so make sure you wear proper eye, face and hand protection when working on or around batteries.

Battery Maintenance:
It is important to keep your vehicle batteries charged in cold weather. During the winter months the battery cells need to be checked regularly for electrolyte and water level. To insure that the batteries stay to the proper levels, use a hydrometer. You can purchase a hydrometer at any auto parts store.

Now look at the battery and its hardware, such as the battery terminals, clamps and brackets. Insure they are clean and serviceable. If the clamps and brackets are broken, replace them immediately. It the terminals are corroded, they need to be cleaned. To clean the terminals; take off the clamps, use a wire brush to remove any debris. Using a commercial battery terminal cleaner, spray the terminals with the cleaner then replace the clamps.

“Maintenance free batteries” still need maintenance!

Storing Batteries:
If you are storing equipment for the entire season, it is advised to remove the batteries and store them inside a climate controlled space off the floor. Make sure they are charged before you store them. If you are removing them, make sure you diagram or photograph the batteries before removal.

References
1. US Army research institute of Environmental Medicine, AD A263559, 2008
2. Occupational Health and Safety, 2008

Rick Scott is the Saftey Director for A Plus Benefits, Inc.

In today’s economy, resources are stretched to the limit and many employees must wear multiple hats. Management commitment of resources for a safety committee is an excellent way to reduce the frequency and severity of workplace injuries and illnesses.

Objective of the Safety Committee:
• “Establish goals to reduce serious occupational injuries and illnesses and to enhance workplace safety;
• “Involve company employees in identifying workplace hazards and establishing goals to eliminate or reduce them;
• “Develop, maintain, and monitor strategies to minimize the risk of work-related injuries and illnesses….”1

An effective safety committee can play an integral role in reducing the frequency and severity of workplace injuries and illnesses. This can be accomplished by analyzing injury trends, inspecting the facility for hazards, reducing hidden costs associated with workplace injuries, and creating a safety conscious atmosphere.

Once an company decides to establish a safety committee, the next task is to organize the committee. The number of individuals on a safety committee is flexible. The members should be a collective representation of all departments within the company. There should be an equal number of managers and/or supervisors and line employees. The best way to get employees involved is to ask for volunteers. These individuals will have a true interest in the purpose and goals of the committee. What happens when not enough employees volunteer? Try to choose members who have shown an interest in safety or have made suggestions to improve safety around the facility.

If recruitment is still difficult, emphasize the importance and influence of safety committee members:
• Opportunity to make the workplace safer
• Development and revision of facility safety rules and procedures
• Participating in accident investigations
• Reporting hazards
• Conducting facility inspections/audits
• A voice for the work group

Being a member of the safety committee should not be punitive; members should not be “chosen” because they have experienced an accident. Membership on this committee should be viewed as a privilege.

Regular meeting attendance of committee members is mandatory. If a member is unable to attend, a substitute representative should be sent. Inactive or non-participating members should be replaced with individuals that have a true interest in safety. Encourage members to be active participants and allow everyone to speak.

Once members have been selected, a meeting time and location should be established. Meetings should be scheduled at the same time, on the same day (e.g., second Wednesday of every month at 10:00 a.m.). Establishing a set time and day will allow committee members to plan ahead and possibly eliminate an excuse for not attending. There must also be tangible manager support for employees to attend these meetings so there is no conflict in workload or schedule. Monthly meetings are encouraged; however, the meetings should be scheduled to suit the company’s needs.

A standard meeting agenda should be developed so that members can prepare for the meeting. The agenda for each company will be different depending on the goals set by the committee. An agenda will help eliminate non-safety items, such as maintenance issues, staffing shortages, complaints and compensation. A set agenda will help the committee focus on the purpose of the meeting.

Select one individual at the first meeting to be the secretary of the group. This individual is responsible for taking minutes at every meeting and distributing those minutes to the committee members and senior level management. These minutes should include action items, specific individuals assigned, and follow-up. Distributing the minutes to management is a way to maintain support for the committee.

Once established, the safety committee needs to define its purpose and establish goals. The purpose of the committee must be well defined and specific. Many committees define its purpose as simply to address workplace safety. This is a broad topic and the committee should specify what aspects of workplace safety they are going to address. Some examples include:

• Fleet safety
• Environmental issues
• Security
• Disaster recovery
• Accident investigation
• Accident analysis
• Employee safety complaints
• Safety inspections/audits

Establishing goals for a safety committee is often difficult. Remember, goals should be realistic, achievable, and measurable.

Ideally, the safety committee should set goals that focus on hazards, work practices and other best practices that contribute to reducing the frequency and severity of workplace injuries and illnesses. Periodically, the safety committee should evaluate its purpose and goals to ensure it remains on track with established goals.

When an unsafe condition or act is reported or a recommendation is made, the safety committee should recommend corrective action and then follow up to ensure the hazard is eliminated. If a recommendation is made and no action taken, the committee should investigate and determine when the hazard will be corrected. The committee should consider alternative recommendations to meet the needs of the company. Good two-way communication about why corrective action is not taken relieves much of the frustration of committee members and employees.

Whether you are just starting a safety committee or already have one established, use this article as a guideline to get the most out of your agency’s safety committee.
Resources: The Department of Human Resource Management, Office of Workers’ Compensation (2004).

Safety Meetings or Tool Box Safety Meetings
Conducting safety meetings are a very efficient and an easy way to provide safety information to the employees of your organization or the people residing in your locality. These kinds of speeches are generally more effective when held in an informal group without full scale meetings which includes slides, charts and graphs as this will allow the participants to share their real time experiences which will be beneficial to all.

When choosing a safety topic, it is important to understand the background of the participants. When I say the background, I mean that the presenter should have a fair idea about the surroundings that the participants are in most of time.

I have often noticed that employees tend to get careless about safety and feel that safety meetings are a waste of time. It is imperative that they are forced to attend these meetings as even if they do not acknowledge the advice that is imparted to them during these meetings, they will be aware of it and it may ultimately help their safety along with the other people working at the organization. An excellent way to ensure that all employees attend the safety meetings is by making it a mandatory requirement of their appraisal or promotions.

For safety meetings to be truly successful, it is imperative that these meetings are held on a regular basis so that the information is constantly circulated and the individual is always on the alert. Also, the topics of the meeting can be recycled annually or as per the needs of an organization so that the memory of the participants is refreshed and also any updated information if available, can be provided. A little bit of alertness on everybody’s part will go a long way in ensuring safety of the individual and the society in general.

Documentation of Safety Committee and Safety Meetings
It is very important that each Safety Committee and Safety Meeting be documented for your records. I recommend that each company maintain these records for at least 3 years.

The following should be included in the minutes:
• Meeting date
• Attendee’s names
• List the instructor’s name.
• Safety and Health issues discussed; include the hazards and the corrective actions.
• Attach the subject matter to the attendance roster.

Rick Scott is the Satefy Director for A Plus Benefits, Inc.