Procedure 22 – OSHA Safety and Health Inspections

1.0 PURPOSE
The purpose of this procedure is to provide written instructions on how to handle unannounced safety and health inspections of OSHA Compliance Officers.

2.0 RESPONSIBILITY
It is the responsibility of the site management person to implement the requirements of this procedure.

3.0 REFERENCES
29 CFR 1926.3
29 CFR 1903.1-22

4.0 GENERAL PROCEDURES
4.1 Admitting the OSHA Compliance Officer
Immediately upon arrival of the OSHA Compliance Officer, the manager at the facility, or his designee, shall take the following action:
4.1.1 Greet the Compliance Officer, request to see his credentials and determine the specific reason for the visit.
4.1.2 Verify the Compliance Officer’s Credentials. Do not accept the word of any unknown person concerning his credentials; instead, verify his badge and government I.D.
4.1.3 Immediately contact the President of Nitro Construction Services or Corporate Safety Director, by telephone, to determine whether any special handling is applicable.
4.1.4 Do not admit persons other than authorized OSHA Compliance Officers beyond the waiting room without first securing the approval of Nitro Construction Services President or Corporate Safety Director. This includes private consultants appearing separately or together with authorized Compliance Officers.

4.2 Opening Conference
The manager should conduct an opening conference with the Compliance Officer to determine the purpose, scope, and duration of the inspection. The manager should include appropriate management representatives in the opening conference. While the Compliance Officer may request employee representatives to attend the opening conference, their actual attendance is optional with management. In any case, the Compliance Officer has the right to conduct a separate opening conference with employee representatives.

4.3 Records Review
The Compliance Officer shall be permitted to examine any of the records specifically enumerated above under RECORDKEEPING, REPORTING, AND POSTING if he so requests.

4.4 Walk-Around Inspection
4.4.1 The manager shall accompany the Compliance Officer on the walk-around inspection. Also, if possible, a second management representative should be designated to assist in taking notes, photographs, and measurements, and in answering questions. In any event, the manager must also permit one or more representatives designated by the employees to take part in the walk-around inspection.
4.4.2 During the walk-around inspection, make careful notes of the following:
4.4.2.1 Any favorable and unfavorable comments made by the Compliance Officer.
4.4.2.2 Any apparent violations noted by the Compliance Officer.
4.4.2.3 The name of any employee interviewed and, where possible, the questions asked, and answers given.
4.4.2.4 Any photographs were taken by the Compliance Officer. If possible, the management representative should also take duplicate photographs.
4.4.2.5 Any measurements and instrument readings are taken by the Compliance Officer, including the duration of any readings. Where possible, the management representative should also take and record measurements and readings simultaneously.

4.5 Closing Conference
4.5.1 The manager should conduct a closing conference with the Compliance Officer to discuss the results of the inspection and any alleged violations and include additional management representatives, as necessary. The attendance of employee representatives at the closing conference is optional with local management.
4.5.2 In the closing conference, the manager shall determine the following information:
4.5.2.1 If the Compliance Officer intends to issue any citations.
4.5.2.2 The specific standard or regulation pertinent to any alleged violation.
4.5.2.3 The time to be allowed for abatement of any alleged violation or for compliance with any standard or regulation.
4.5.3 During the closing conference, the management representatives should:
4.5.3.1 Make no admission of any non-compliance.
4.5.3.2 Sign no statements.
4.5.3.3 Take complete notes of all matters discussed.
4.5.3.4 Diplomatically attempt to prevent citations by such means as asserting a more appropriate interpretation of the standard in question, by explaining any standards existing at the facility that are equal or superior to the OSHA standards, by citing the actual historical safety and health experience of the facility relative to the standard, etc.
4.5.3.5 Negotiate a sufficient amount of time for abatement of any alleged violation or for compliance with any standard or regulation.

4.6 Facility Report
4.6.1 Immediately following the inspection, the manager or his designee shall submit a complete written report of the inspection to Corporate Safety Director and President of Nitro Construction Services.
4.6.2 This report should include all significant information derived from the notes, observations, and documents developed during the inspection process.

4.7 Citations
4.7.1 For any alleged violation included in the Compliance Officer’s report, OSHA will issue a citation to the facility by certified mail.
4.7.2 By law, citation(s) must be issued within 6 months of the date of the inspection.
4.7.3 The employer must post a copy of each citation at or near the place a violation occurred for 3 days or until the violation is abated, which is longer.
4.7.3 The company is required to respond to it within 15 working days of receiving the citation either by accepting or contesting it.