Hit with an OSHA violation? Your next move is crucial
Hit with an OSHA violation? Your next move is crucial
'Demonstrate good faith acts for improving safety'
The next time an Occupational Safety and Health Administration (OSHA) violation is discovered during an onsite inspection at your company, keep this in mind: "The underlying intent is to help workers go home as safe and as healthy as they arrived," says Robert Emery, DrPH, vice president of safety, health, environment and risk management at The University of Texas Health Science Center at Houston. Emery is also an associate professor of occupational health at The University of Texas School of Public Health.The Case of the Missing Assistant Surgeon
Mary (Penny) B. Nicholls, RN, CCM, COHN-S, a disability consultant with Alabama Power Company in Birmingham and a member of the advisory board for the Deep South Center for Occupational Health & Safety at the University of Alabama at Birmingham, says to follow these steps:
- Read the citation carefully. "Do your research on the standards alleged to be violated," says Nicholls.
- Notify the appropriate levels of management staff, including legal, to begin formulating a response.
"Establish a team that will assist in abating the citation," says Nicholls. "This usually requires teamwork of maintenance, health and safety, infection control, and other departments as needed."
Your job is to advise management of the expected best practice to follow to abate and/or respond to the citation within the designated time frame, says Nicholls. "If the deadline cannot be met, a written explanation must be provided, along with an expected date of abatement or a statement stating why it cannot be abated," adds Nicholls.
--Ask for a meeting with your area OSHA director to discuss the citation and ask for a reduction in fine.
Avoid a common pitfall
"A pitfall in dealing with OSHA is to be resistant to the inspection and make it extremely difficult," says Nicholls. "One school of thought that I have found to be advantageous for companies that I have worked with is to cooperate fully without offering extra information, but to respond honestly and timely to their requests."
Acknowledge what OSHA perceives to be their findings, and tell them you will respond as quickly as possible to any unanswered questions. "If they go beyond one day, try to get the answers before they return on the following day," says Nicholls.
Even if you are contesting the citation, you need to address the problem in some manner. "For example, if postings are missing or you failed to post a notice, go ahead and do it, and document the actions taken," says Emery. If persons were not trained or training documentation was not available, provide the training. If an electrical problem is noted, take some step to address it, even if you have to make further adjustments in the future.
"Actions such as theses demonstrate good faith acts for improving safety and compliance," says Emery. "Make sure to post the citation as required. Understand that a follow-up inspection could occur."
Ideally, the violation should be corrected at the time of the inspection. "The occupational health manager should advise on actions to take to ensure the safety of the employees in the area," says Mary Gene Ryan, executive director of MGRyan & Co. Inc., an occupational health and safety consulting firm in Ventura, CA.
If the issue cannot be fully corrected, all employees need to be informed and controls put in place to prevent further access, such as stopping equipment or curtailing operations, says Ryan. She also recommends the following:
Locate documentation of all safety training related to the violation and health and safety/injury/illness prevention procedures.
"These items can be shared at the closing conference to show a good faith effort to provide a safe and healthy workplace, and can assist in potentially lowering potential penalties," says Ryan.
If a violation is noted, take pictures and do your own sampling.
Document the date of measurement, sampling and analytical methods used and any evidence on their accuracy, results of samples taken, types of personal protective equipment worn, and identification of any employees in the area. "If potential exposures are identified, check on baseline exposure monitoring and periodic monitoring results, and determine if any additional exposure monitoring may be warranted," says Ryan.
Ensure that past violations are not repeated.
"Probably the biggest pitfall is having a repeat violation," says Ryan. "Auditing for compliance and ensuring all past violations are not repeated are very important parts of a good health and safety or injury/illness prevention program."
SOURCES/RESOURCE
For more information on steps to take in the event of an OSHA violation, contact:
Robert Emery, DrPH, Vice President, Safety, Health, Environment and Risk Management, The University of Texas Health Science Center at Houston (TX). Phone: (713) 500-8100. E-mail: [email protected]
Mary (Penny) Nicholls, RN, CCM, COHN-S. Phone: (205) 257-3327. E-mail: [email protected].
Mary Gene Ryan, MGRyan & Company Inc., Ventura, CA. Phone: (805) 658-9622. E-mail: [email protected].
For a free information booklet on employer rights and responsibilities following an OSHA inspection, go to http://www.osha.gov/Publications/osha3000.html.
The next time an Occupational Safety and Health Administration (OSHA) violation is discovered during an onsite inspection at your company, keep this in mind: "The underlying intent is to help workers go home as safe and as healthy as they arrived," says Robert Emery, DrPH, vice president of safety, health, environment and risk management at The University of Texas Health Science Center at Houston.Subscribe Now for Access
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