Is this how you feel about an OSHA inspection? The Occupational Safety and Health Administration (OSHA) was created in 1970 by the federal government with the intent of improving workplace safety. While people have differing opinions regarding how successful OSHA has been, it is undeniable that the workplace injury rate has fallen significantly from 1970 to today.

Since OSHA is a federal program, all states must follow it unless they have their own approved state plan. 26 states have such a plan, but Texas does not. A state plan must be equal to or more stringent than the federal OSHA plan. Incidentally, federal, state, and local governments are not subject to OSHA rules. (I guess it’s good to be king.)

Who Does OSHA Inspect?OSHA has the right to inspect any business they want, as long as the business is covered by the federal OSHA plan. Businesses typically inspected are those:

• in "high hazard industries";
• covered by a "Special Emphasis Program";
• where an employee has filed a complaint with OSHA; or
• experiencing a workplace fatality (Workplace fatalities must be reported to OSHA within eight hours of occurring.)

"High hazard industry" is a fairly subjective term with OSHA determining what it means. Typically these are industries with high accident frequency rates. Right now, the construction industry is considered high hazard. "Special Emphasis Program" is a program designed by OSHA to place special emphasis on various industries, which change from year to year. So, really just about any business can be inspected. However, there are a limited number of inspectors and a large number of businesses. Statistically, unless you are in one of the four categories mentioned above, your odds of a general inspection are very low.

How Does OSHA Inspect?
OSHA can choose to either show up at your door or notify you in advance. In the event of a workplace fatality, you can expect them immediately with or without advance notification. For employee complaints, they may send you a letter stating the complaint and ask for a response, they may show up unannounced, or they may notify you of their impending arrival. If they show up at a job site to do an inspection for a contractor, they will often inspect all contractors on that site. In this case there will probably be no advance notice. OSHA has noticed that when they call ahead to a job site, the contractors tend to be mysteriously called away to other jobs. In general, any OSHA inspection is likely to be a surprise.

How Can You Prepare?
If you know about an inspection before hand, you can get your paperwork together, such as OSHA 300 logs (if you are required to maintain them), written safety program, safety training documentation, material safety data sheets (MSDSs), self inspection forms, etc., because the CSHO (compliance safety and health officer) will want to see these. If you don’t know about the inspection in advance, you can collect these forms when they walk in the door. Obviously, in order to get this information together, it needs to exist first. Conjuring up documents out of thin air can prove a bit tricky.

If you don’t have any of this documentation, now would be a good time to start putting it together. Written safety programs can usually be provided by your insurance carrier (Service Lloyds has a sample safety program available on the Service Lloyds website). Safety training documentation is something you have to put together yourself, but it is not difficult. Just document your initial employee training, safety meetings, and any specialized training your employees go through. Keep this information in a file, and you are off to a great start. It is also a good idea to keep MSDSs and safety meeting documentation on hand at all job sites.

The OSHA Inspection
An OSHA inspection typically starts with a review of paperwork, and accident/injury information, OSHA 300 log, is at the top of the list. If you are in an industry that does not have to keep the OSHA 300 log, such as automobile dealers, they will still want to look at some accident data. This may be "first reports of injuries," insurance loss runs, or your own workplace accident spreadsheet. Keep in mind it is perfectly acceptable to maintain an OSHA 300 log if you are not required to do so. CSHOs are used to seeing these forms, so it might get the inspection started a little smoother if you have them readily available.

After reviewing loss information and written programs, the inspection will likely progress to a physical inspection of your operations, which can include job sites. It is a good idea to accompany the CSHO on this inspection; that way you can answer any questions they may have. Keep in mind they are likely to ask your employees questions. This is their way of verifying that the safety training you provide is effective. After the inspection is over they will have a closing conference with you to discuss their findings and any potential OSHA violations. If there are any violations you will receive a letter later stating the violation and the fine, if any.

Your insurance carrier can assist you with OSHA compliance, but the State of Texas also has a program designed to help. It is called the OSHCON program. OSHCON consultants cannot fine your business for violations, but they do expect you to correct any hazards they find. They will typically do a more in-depth evaluation of your business from a compliance perspective. Businesses that go above and beyond can earn a SHARP (Safety and Health Achievement Recognition Program) certificate, which may exempt them from programmed OSHA inspections for one year. For additional information on OSHCON, contact them at (800) 687-7080 or by email at OSHCON@tdi.state.tx.