By Shannon Wetzel, Senior Editor

Even the simplest things can bite you in the end. Fred Kohloff, director of environmental health and safety for the American Foundry Society, conducts several mock safety inspections a year for metalcasters who want to anticipate what an Occupational Safety and Health Administation (OSHA) compliance safety and health officer (CSHO) might find. Kohloff can think of several cases where he has pointed out violations that are simple to fix, only to find out a few months later that the facility had been fined thousands of dollars for the same violations after a real OSHA inspection.

In the push to meet production efficiency goals, safety can be overlooked, ignored or sometimes just forgotten. But one bad CSHO visit, or worse, one disabling or fatal accident, can throw a wrench into production that is costlier than the time and effort needed to enact a safety plan.

OSHA standard 1910.181 requires a safety latch on hoist hooks, which the metalcaster was able to install on the existing hook.

“We try to work as if OSHA or EPA would show up any time, any day,” said Glenn Honeycutt, division training coordinator for Charlotte Pipe and Foundry Co., Charlotte, N.C..

A good safety plan will include in-house safety inspections every three months that include a walk-through of the plant. Safety hazards should be corrected at the time of the walk-through, if possible.

Sometimes all it takes is clearing an aisle-way or reminding a worker to put his safety glasses on. They are simple to fix, but if a CSHO discovers a blocked path to an exit or a worker not wearing the proper personal protective equipment (PPE), the fines can start adding up.

Unannounced Visitor

Only in certain cases will a CSHO announce when he or she plans to visit for an inspection, and even then, a company rarely is given more than 24 hours of warning. These instances include accident investigations and imminent danger situations that require correction as soon as possible. Otherwise, the CSHO will drop by at any time. Even if you are surprised by the visit, it’s important not to panic. And while an inspection may be an unpleasant experience, acting rudely toward CSHOs or rushing them through the inspection likely will only make them more scrutinizing during their visit. Enlisting a person ahead of time to be the one to meet and accompany the inspection officer during the visit is a good idea.

After checking credentials, be forthcoming with the CSHO and allow him or her access to any part of the facility. Be sure a representative for your company is present with the CSHO at all times—never leave him or her alone.

“You always want to accompany the CSHO to keep him focused on why he’s there,” Kohloff said. “Stay with them and pay attention to what they are looking at or doing. Answer their questions, but don’t supply so much information that you might hang yourself.”

For metalcasting facility visits, CSHOs are examining the facility based on OSHA General Industry Standards (CFR-1910). They will ask to see your facility safety plan to ensure you have one. During the walk-through, the officers pay close attention to lockout/tagout labeling and procedures, hazard communications, emergency plans, clear paths for emergency evacuation, machine guarding, employee exposure levels and PPE. They also will watch to make sure employees are working in a safe manner. Lists of the top 10 OSHA violations for iron, steel and aluminum casting facilities are shown in Tables 1-3.

While the inspection officer walks through the facility, take photos when the officer takes photos. If the inspection officer points out hazards that are fixable on the spot, do so. You might be able to avoid a penalty if the violation is corrected immediately. 

This v-belt was unguarded, which could be a pinching or grabbing hazard. The metalcaster installed an expanded metal guard to remedy the problem.

What’s at Stake

An inspection can occur over the course of several days, weeks or even months. Immediately afterward, the CSHO will meet with someone from the facility to discuss what he or she saw, which situations are unsafe and how to correct them. From that point, OSHA is required to send you results from the inspection within six months. Use that time to correct what can be corrected so that once you receive any citations, you can prove your good faith in maintaining a safe and healthy work environment.

A citation informs the employer of the regulations and standards allegedly violated and sets a length of time during which the hazards should be fixed. Penalties are fines that may be imposed based on alleged standard violations.

The types of violations that may incur penalties are as follows:

Other-than-serious violation—A violation that has a direct relationship to job safety and health but would probably not cause death or serious physical harm. Penalties can range from $0 to $1,000 per violation.

Serious violation—A violation where there is a substantial probability that death or serious physical harm could result. Penalties can range from $1,500 to $7,000 per violation.

Willful violation—A violation that the employer intentionally and knowingly commits. Minimum penalty is $5,000, but OSHA can propose penalties of up to $70,000. An employer convicted in a criminal proceeding of a willful violation that has resulted in the death of an employee can be fined up to $250,000 (or $500,000 if the employer is a corporation) and/or imprisoned for up to six months.

Repeated violation—A violation of any standard, regulation, rule or order that is substantially similar to a violation from a previous inspection. These violations can incur a fine of up to $70,000 for each violation within the previous three years.

Failure-to-abate—Failure to correct a prior violation could bring a civil penalty of up to $7,000 for each day the violation continues beyond the mandated deadline.

Other violations that could incur penalties include falsifying records, violating posting requirements, and assaulting a compliance officer through resisting, opposing, intimidating or interfering with a CSHO in the performance of the inspection.

After receiving a citation, you have 15 days to schedule an informal conference, which should be attended by  management and hourly plant personnel. During this conference you can tell the CSHO how you’ve corrected the violation and show photos, if possible.

“I’ve seen facilities reduce their fines by 50% or more by fixing problem areas before they received the final inspection results,” Kohloff said.

If after the informal conference you are not satisfied with the outcome, you may choose to involve legal support. To contest a finding, you must file a Notice of Intent to Contest within 15 working days. The case is forwarded to the Occupational Safety and Health Review Commission, which assigns the case to an administrative law judge, who usually schedules a hearing. After the judge has ruled, you may request further review by the review commission, then the Court of Appeals, with the final stop at the U.S. Supreme Court.

Whatever you agree to fix or abate must be done within the timeline given. Failure to do so can result in elevated fines.

Plan Ahead

The best way to prepare for an unexpected OSHA inspection is to expect one every day. If the facility does not employ a safety director or manager, dedicate a single person or a group to handle safety issues and conduct safety walk-throughs at least every three months. Keep your employees up to date on their required safety training, and don’t shy from additional training, as well.

Honeycutt said one of the main objectives is to make it clear to employees what  OSHA is and why it exists. Employees should also understand the company’s obligation to OSHA and their personal obligation to maintain a safe working environment.

“We try to show them why we have to do what we have to do,” Honeycutt said. “We tell them, ‘Here is what OSHA requires and in order to get there, we need your help.’”

Charlotte Pipe is currently working with OSHA through a voluntary compliance program that could lead to CSHO inspections in the future. The company also has melded its 5S program with its safety plan since many facets, such as housekeeping, overlap. As part of its safety 5S program, a team leader performs bi-weekly pre-shift inspections of a department. If a safety hazard is detected, it is automatically placed on the maintenance staff’s schedule for that shift. Safety hazards that are detected outside of the regular pre-shift inspections are placed on the maintenance schedule immediately, as well.

“We try to remind each other in instances where we might have a decision to fix something today or tomorrow what OSHA would say if they arrived today,” Honeycutt said.

Additionally, all supervisors are required to hold a safety meeting each month. Some departments hold toolbox meetings daily or weekly in which new safety hazards can be brought up and addressed.
Besides routine inspections, if you have areas in your operation where employees are exposed to silica, formaldehyde or metals, sample the air regularly and maintain records. Sampling for lead exposure, for instance, may be needed up to four times a year to keep levels under the allowed limit.
General housekeeping also goes a long way toward maintaining a safe working environment.

“The place should be swept up, you should be able to read the signs and labels, and no one should have to stand in dirt to do their job,” Kohloff said. “Aisles should be kept clear and unobstructed.”

To further prepare for OSHA inspections, you also can contact a safety consultant to perform a mock inspection. The consultant can point out situations that do not comply with OSHA standards and could result in citations and penalties. OSHA offers its own free consultations for small and medium businesses. The consultation will not result in citations or penalties, and in some cases, volunteer OSHA consultations can lead to exemptions to future inspections.  

For More Information
To find out if you are eligible for a free OSHA consultation, visit www.osha.gov/dcsp/smallbusiness/consult.html.

OSHA Inspection Dos and Don'ts

Do
• Remain rational.
• Make sure he or she is a real compliance safety and
health officer (CSHO).
• Understand the scope of the inspection.
• Ask for a warrant if you have a reason.
• Treat the CSHO politely and professionally.
• Answer questions forthrightly.
• Take notes.
• Have your programs ready and available.
• Be patient and willing to educate the CSHO.
• Accompany the CSHO during the entire walkthrough.
• Ask questions, such as, “what are you looking at?”
• Take a photo when the CSHO does.
• Correct the easy stuff immediately.
• Use the CSHO’s experience—ask how things can be fixed.
• Go to an informal conference if you need to clear something up.
• Contest things you really dispute.

Don’t
• Panic.
• Ask for a warrant if you have no reason to.
• Tape record conversations with the CSHO.
• Take it personally.
• Act unprofessionally.
• Volunteer too much information.
• Try to speed up the inspector (they’ll look harder).
• Proceed further until you understand the hazard or possible violation.
• Think the CSHO will not find any violations.
• Miss deadlines for corrections, notifications or contests.
• Forget to notify the local OSHA officer after you have made corrections, if you need more time, or are having trouble meeting deadlines.
• Be reluctant to call the OSHA office for assistance
and interpretations, whether you have been
inspected or not.