[Field Report] OSHA Inspections

What would you do if your receptionist called to say that an OSHA inspector was in the lobby? A) Instruct the receptionist to kick the inspector out while you sneak out the back door; B) Charge down to the lobby and demand to know what the inspector wants; C) Tell her to let the inspector inspect all he or she wants and call you with questions; or D) None of the above.

As you might have guessed, the correct answer is D) None of the above, as Chuck Russell, president, Eradico Services, Novi, Mich., will tell you. When Bob England, his division manager, came into his office to deliver the news that OSHA was in the lobby, luckily Russell knew how to handle the situation. And thanks to careful planning and advance preparation, as well as prompt remediation of two violations, Eradico Services avoided any major fines.

Fortunately, Eradico Services had hired a new technical director several months prior to the surprise OSHA visit. He became the OSHA program coordinator and recently had completed updating the company’s OSHA programs. “No matter what size your company is, you need to designate someone in your organization as an OSHA coordinator,” says Russell. “Aaron Nelson had done a great job for us, so we were well prepared.”
So what should you do when an OSHA inspector shows up at your door?

KNOCK, KNOCK. IT’S OSHA. When the OSHA inspector comes knocking, companies need to ensure a written protocol is in place to handle the agency’s request for an unannounced inspection. The receptionist might be instructed to walk the inspector to a conference room and then contact the OSHA coordinator and other members of management. The OSHA coordinator or designated management personnel will want to inquire why OSHA is conducting the inspection and provide the relevant records requested by the inspector, according to attorney Daniel J. Finerty at Krukowski & Costello, a law firm that represents management in employment law matters based in Milwaukee, Wis.

“In addition, if your OSHA coordinator is not available or other time-pressing deadlines are pending, explain to the inspector that now is not a convenient time, and that you will work with the agency to reschedule the inspection at a mutually convenient time when your OSHA coordinator is available or when the company is not trying to meet an imminent deadline,” Finerty says. “That buys you some time to better prepare to help ensure that your facility and all of the necessary documentation are up to speed.”

At Eradico Services, Russell invited the inspector back to his office and explained that he would be more than happy to help, but due to a recent computer upgrade, the timing wasn’t going to work out that day. “She was very agreeable and we found an alternative date that was more convenient for us,” Russell says. “I’ve heard horror stories so I was worried, but I didn’t get the impression that she was out to get us.”

ON GUARD. It’s also imperative to make sure a company representative accompanies the inspector at all times when in your facility. “Never let an inspector wander alone in your building,” Finerty recommends. “When left unattended, the inspector has free reign to inspect other areas and may document any violation that is in plain view.”
Russell suggested that Bob England and Aaron Nelson escort the inspector around the building.

“We felt it was a good idea to keep the owners out of the process,” he says. “That way, Bob and Aaron had a way out if something came up that they didn’t expect, and they could call us in to address the situation.”

THREE-PART INSPECTION. According to Russell, the inspector’s visit involved three phases. First, she reviewed Eradico Services’ written OSHA program and documentation. Second, she asked to go on a tour to inspect the building. Last, she conducted random employee interviews.

“During the first part, she was looking for written materials, so you need to be able to pull out an OSHA binder that shows regulatory compliance and that you are a company that takes safety seriously,” Russell says. “If you don’t have those materials together, then they might get a little more suspicious about your company.”

The inspector began the workplace inspection by looking for postings of material safety data sheets, a current summary of OSHA Form 300, and other necessary documentation. She checked exits, power strips and cords, the chemical storage area, as well as every single fire extinguisher, ladder and electrical outlet, among other things. She also had a camera to document any violations.

“She examined our rolling overhead doors and one electric eye was disabled, so we were written up for that, but we were given 30 days to cure the problem,” Russell says. “We also had an issue with a fuse box because we didn’t have plastic covers on every empty fuse spot, which is considered a serious violation due to an electrocution risk.”

Finally, she interviewed five employees that were in various positions to get a cross section of company staffing. The main questions she asked were related to if they were trained for their jobs, if they were provided with personal protective equipment and if they were aware of the MSDS location.

“The interviews could have gone much more in depth had we had a hazardous working environment,” Russell says. “It’s very important to invest the time to make sure your operation is squared away, neat, professional and show that you are safety conscious.”

ON THE JOB. What some companies might not know is that an OSHA inspector can show up at a job site and observe work being performed that is in plain view and document violations of OSHA protocols prior to beginning an official inspection, according to Finerty.

“While the inspector is required to inform the company an inspection will take place, he or she may have already collected evidence on camera or videotape before the inspection even begins,” he explains. “This is typically when a company’s OSHA training for employees is put to the test.”

In one example, an OSHA official saw several construction workers out of his hotel window working across the street without fall protection gear required by OSHA.

“You can guess the result in that case — the company was fined for the violations that were in plain view even though they were observed prior to an inspection,” Finerty says.

A HAPPY ENDING. In the end, Eradico Services was cited for the disabled electric eye and fuse box violations and wound up paying a $300 fine. Serious violations like the empty spaces in the fuse box usually start at $1,000 per violation, but the company was awarded several discounts.

“We received discounts for being a small company with no prior violations, for having written programs in place, and because we were able to reach a settlement within five days of receiving the fine amount,” Russell said. “If you demonstrate that you are safety conscious in your company and you put forth a good effort to comply, they do offer some leeway when it’s all said and done.”

The author has been writing about the pest management industry for 13 years.