Expect Inspections: More Resources for OSHA Equals Increased Scrutiny
Employers in safety-sensitive industries beware: the Occupational Safety and Health Administration (OSHA), which increased workplace inspections in 2009, is expected to continue aggressive enforcement policies in 2010. In anticipation of new funding, OSHA has stepped-up investigations to enhance awareness of workplace safety standards. The Obama administration is currently seeking $50 million dollars to increase OSHA’s budget and allow the agency to hire 130 additional compliance officers. Additionally, Congress is reviewing proposed legislation that would significantly increase civil and criminal penalties for serious workplace safety violations. Across the country, and especially in the Southeast, recent OSHA inspections have cost employers thousands of dollars in fines:
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OSHA inspectors at a metal hose manufacturer in Stone Mountain, Georgia, found 44 health and safety violations, including the use of forklifts without adequate training and improper use of respirators. The inspections came in response to a complaint filed with OSHA. OSHA proposed nearly $60,000 in penalties.
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At a poultry additive manufacturer in Ball Ground, Georgia, OSHA inspectors discovered several serious violations including broken stairs and ladders, an unguarded floor hole, and amputation risks. The inspection followed citations in 2008 related to the company’s procedures for handling formaldehyde. OSHA proposed $69,500 in penalties.
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An inspection at an animal feed manufacturer in Upper Sandusky, Ohio led to citations for 30 violations. OSHA investigated after receiving a complaint about fires in the facility. Inspectors found the company failed to protect workers from exposure to combustible dust. The proposed health and safety fines total $472,900. Four of the health violations were deemed “willful,” meaning OSHA determined the company acted knowingly or with intentional disregard for workplace safety standards.
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OSHA cited a retail store in Commack, New York for 16 violations when OSHA inspectors found blocked exits and other fire hazards. The company had previously received repeat citations due to similar conditions at other retail stores. OSHA proposed $233,500 in fines.
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A printing company in Huntington, West Virginia was recently cited for 18 health and safety violations, including six willful violations. The OSHA inspection revealed sound hazards, unguarded machines, and lack of protective equipment for workers. OSHA recommended $158,000 in penalties.
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OSHA inspectors at three corporate subsidiaries in Fulton, Mississippi issued 120 citations for heath and safety violations and proposed a total of $680,000 in penalties. Some of the citations included willful and repeat violations for unsafe electrical conditions and failure to guard machinery. The inspection followed a worker fatality in 2009.
As the above-listed citations indicate, OSHA’s interest in workplace safety is expansive. OSHA is not limiting its investigative powers to investigating workplace fatalities. Nor is OSHA leaving employers with past violations alone on the assumption that those employers have fixed previously-cited problems. Instead, OSHA is recommending penalties for more commonplace occurrences such as lack of adequate safety training, blocked fire exits, and broken stairs, and the agency is conducting follow-up inspections to ensure compliance with the applicable safety standards.
Faced with the threat of increased inspections, employers should ensure that the appropriate workplace safety standards are well-known and consistently maintained in their workforce. OSHA has indicated it will be less willing in 2010 to downgrade violations, even for employers who cooperate with investigations. Accordingly, employers should regard OSHA compliance as a “must” for 2010.
Additionally, employers who are notified of a pending OSHA investigation should be aware of their rights and responsibilities before an OSHA inspector arrives at their doorsteps. For example, employers have the following rights during an inspection:
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To request a copy of the complaint filed with OSHA,
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To request proper identification from the inspector,
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To limit the scope of the investigation to the area of the workplace at issue,
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To delay the inspection without prejudice while legal counsel is contacted,
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To provide a company representative who will escort the inspector at all times,
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To request the results of any tests conducted during the inspection,
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To prevent the inspector from interviewing supervisory employees in private, and
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To limit the production of documents to those required by OSHA regulations and standards.
Understanding your rights and responsibilities will be key to a successful workplace inspection, especially as OSHA takes a tougher stance on enforcement issues. If you have questions about OSHA compliance or how to prepare for an OSHA inspection, contact Troutman Sanders LLP’s Labor and Employment Practice Group for assistance.