The Occupational Safety and Health Administration (OSHA) has jurisdiction over approximately 7 million worksites. The federal agency normally conducts inspections without advance notice but typically focuses its inspection resources on the most hazardous workplaces in the following order of priority:
- Imminent danger situations – hazards that could cause serious physical harm or death receive top priority from OSHA. Compliance officers will ask employers to correct these hazards immediately or remove employees who are in danger.
- Severe illness and injuries – Employers are required to report all work-related fatalities within eight (8) hours and all work-related inpatient hospitalizations, amputations, and eye loss within 24 hours.
- Worker complaints – Allegations of violations or hazards by employees receive a high priority by OSHA. Reports of these allegations can be made anonymously.
- Referrals – Reports of hazards by other groups such as federal, state, or local agencies, the media, or individuals can trigger an inspection by OSHA on a job site.
- Targeted inspections – These inspections are aimed at high-hazard industries that are prone to high rates of injuries and illnesses.
- Follow-up inspections – In certain circumstances, OSHA will conduct follow-up inspections to check for abatement of violations cited during previous inspections.
OSHA prioritizes the complaints it receives based on severity. For lower-priority hazards, OSHA may conduct a phone interview with an employer to discuss concerns and allegations. OSHA will send a fax providing the details and the employer has five (5) working days to respond in writing of any problems that were found and any corrective actions that were taken or are planned. If the response is considered adequate, OSHA will generally not conduct an in-person inspection.
If an allegation of violations is severe, OSHA will perform an on-site inspection. This includes the following sequence of events:
- Preparation – Before an on-site inspection, OSHA compliance officers will research the inspection history of the worksite, review the operations and processes in use, and gather personal protective equipment (PPE) and testing equipment to measure potential hazards.
- Presentation of credentials – Prior to an inspection, the compliance officer presents their credentials including a serial number and photograph.
- Opening conference – The compliance officer will explain to the employer why they are there and describe the scope of the inspection. They will also discuss the walkaround procedure, employee representation, and employee interviews. The employer will choose a representative to accompany the compliance officer on his walkaround inspection and a representative for the employees is also permitted to join in on the inspection. The compliance officer may also consult privately with a reasonable number of employees during the inspection.
- Walkaround – Following the opening conference the compliance officer will walk through the portions of the workplace covered by the inspection. During this walkaround, compliance officers may point out violations that can be corrected immediately. The law requires these violations to be cited, but prompt correction is a sign of good faith on the part of the employer.
- Closing conference – Following the walkaround, the compliance officer will hold a conference with the employer and employee representatives to discuss their findings. Possible courses of action will be discussed, as well as proposed penalties and contesting citations.
When a compliance officer discovers violations, OSHA may issue citations and fines. OSHA is required to issue those citations and fines within six (6) months of the violation’s occurrence and must include the OSHA violations that were allegedly violated, list any proposed penalties, and give a deadline for correction. Violations are categorized as willful, serious, other-than-serious, de minimis, failure to abate, or repeated. When deciding on a penalty, OSHA has a policy for reducing penalties for small businesses or those acting in good faith. For serious violations, OSHA may reduce the penalty based on the gravity of the alleged violation. No good faith adjustments will be made in willful alleged violations.
Employers have the right to appeal the findings from an inspection within 15 working days or they may work out a settlement agreement to resolve the matter and to eliminate the hazards.
OSHA’s primary goal is correcting hazards and maintaining compliance rather than issuing citations or collecting penalties. They do so through setting and enforcing standards, as well as providing training, education, and assistance.
If you or a loved one has suffered injuries due to negligence on the job site or a defective product, the lawyers at Mike Agruss Law can review your claim and determine if there were unsafe working conditions, potential OSHA violations, and other hazards that may have existed at the time of your accident. They will also determine who may be liable for your injuries and damages and what compensation you may be entitled to.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 1,000 outstanding client reviews on our website, an A+ BBB rating, and over 135 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected], or schedule a meeting with us here. We’re here 24/7.
