Kevin Lindley, FRSA SIF Loss Control Consultant
The Occupational Safety and Health Administration (OSHA), a federal agency and part of the Department of
Labor, has just arrived at one of your jobsites. Visits from OSHA are rarely congratulations for doing a great job; they are rather a reality check of your safety culture being put into practice in the field. You may think: Why are they there? What did my guys do? How much is this going to cost? Good news! Hopefully, OSHA isn't at your site right now, so you have time to get prepared for when the unexpected visit does occur.
OSHA expects a company to provide their employees with a safe workplace, free from serious recognized hazards, and compliant with standards, rules and regulations issued under the OSHA Act. They visit project sites when they are notified or they drive by and make an observation that a safe workplace is not being provided and that safety standards, rules and regulations are not being followed.
Once an OSHA Field Safety Compliance Officer has arrived onsite, he will present his credentials (badge), introduce himself/herself and explain the reason for the visit. This is known as the "opening conference:' It is suggested that the site leader or foreman take a look around and make safety observations immediately. He or
she should then attempt to call their supervisor, safety manager or owner of the company. Should the Compliance Officer take any photographs, your employee or management onsite should take the same photos at the same angle, immediately following. OSHA does not share their photographs following an investigation. The officer may wish to speak to individual employees on the jobsite about their knowledge and training to get a better idea about the safety culture of the company. Employees may request for a supervisor to be present should they prefer not to be alone with the OSHA inspector - that is their personal right and the employee must voice their request to the officer prior to or during the interview. Once the OSHA Compliance Officer has obtained all information they desire at that time, they will conduct a "closing conference" with the available site management. They will explain their initial findings, explain your rights concerning the issues presented, and answer any questions you may have at that time. If a business card has not been provided, one should be received at this time from the Compliance Officer.
In the coming weeks, a letter from OSHA will arrive requesting certain documents from the company. OSHA
will request a copy of the company safety program related to the safety violation(s) observed in the field, copies of all safety meetings and trainings, site inspections conducted for the past two to three months, disciplinary action policy and records, business license, business identification number, number of employees, a copy of the contract or agreement for the project they visited, and copies of the company OSHA 300 and OSHA 300A logs for the past three years.
Every construction company should have a company safety program and if you are a member of the FRSA Self
Insurers Fund, one is provided to you. The program should include safety policies and procedures for all aspects of company activities: office, warehouse, vehicle and travel, site, and personnel safety. It should also include a Hazard Communication Policy as well as a Disciplinary Policy. When creating or editing your program, make it practical and easy to understand. The program is established for the worker to read and follow, not just management.
"If training isn't documented, it didn't happen." You need documented proof that you have trained your employees on all expectations and requirements for their job duties. Sign-in rosters at meetings should have a signature line as well as a line for employees to clearly write their name beside the signature. All trainings, instruction or re-training require a form to be signed, either an individual form or a roster of those in attendance. Keep records for a minimum of five years. If individual signature forms are used, keep copies in not only a personnel file, but also a common folder for ease of location at a later date.
Field verification that safety policies are being followed is crucial. Photographs may serve as verification of site
inspections, but are not preferred as additional issues may be illustrated in photographs. There are excellent phone apps that are specifically designed as a checklist that can be completed in the field at the time of the visit for safety compliance and may be tailored to the company's needs. A simple 10-item checklist on a piece of paper is acceptable as well:
1. Vehicle Safety
2. Site Safety
3. Ladder Safety
4. Roof Housekeeping
5. Fall Protection
6. Personal Protective Equipment
7. Electrical Safety
8. Fire Safety
9. Hazard Communication Safety
10. Sanitation and Hydration
A clear, easy to follow, easy to understand and practical disciplinary action plan must be written. You should make the rules strong enough to ensure they are followed, but easy enough for the responsible employee to act accordingly when needed. For example, verbal reprimand is a form of disciplinary action. It still must be documented; however, formal writing and employee signature are not required. Written reprimand is a document stating the date, issue observed, employee's name and corrective action taken - signed by the
employee. Safety disciplinary action should be phased with increasing consequences for repeat occurrences and have the ability to skip phases dependent upon the circumstances or violation observed. A fall protection violation should not have the same action as not wearing a pair of gloves.
Corrective action taken on field observations is required. Perfection is something we all strive for; however,
perfection in safety is not always reality. There are always issues in the field - it's how we handle them that sets us apart from others. OSHA realizes this. The field officer and the area director know that the observation in the field by the Compliance Officer is not the first safety offense the company has ever committed; they want to see that the company is aware of its short-comings and is making a valid effort to make corrections without government action.
Simply put, is the company legal? Following all requirements, and acting accordingly? If the contractor working the project site is a subtier contractor, information will be required from the primary contractor as well, and the primary contractor who is contracted for the job may also be liable for citations. Ensure that all subtier contractors have a current license and workers' compensation, are properly registered, and that all agreements are in writing with clear expectations.
How big is the company that was present on the project? OSHA does not target large corporations; they do understand that larger companies have more exposure. OSHA wants to ensure the company is legally reporting all their employees for proper wages and tax purposes.
Companies with 10 or more employees are required to keep a record of serious work-related injuries and illnesses on the OSHA Form 300 and Form 300A. Those companies with a peak employment of 20 or more employees are also required to submit their OSHA 300A log to OSHA on an annual basis using the Injury Tracking Application (ITA) online. Just a reminder: 2018's OSHA Form 300A was due on or prior to March 2, 2019. Also, ALL employers, regardless of number of employees, must report any employee fatality directly to OSHA within eight hours, and any amputation, loss of eye, or hospitalization of an employee within 24 hours. This report may be made over the phone or on line. The OSHA Form 300A is required to be posted in a visible location at the place of business from February 1 through April 30.
Occupational Safety and Health Administration visits to our worksites are not usually a desired occurrence for a company; however, employees must be provided a safe workplace and they should want a safe workplace.
Many contractors would like to make the claim that an employee is acting on his own showing disobedience to
the company and therefore the company should not be cited for the individual's actions. However, if the company is unable to display to OSHA that:
1. the company has policies
2. the company trains all individuals on the company's policies
3. the company monitors their policies
4. the company takes action when policies are not followed, and
5. employees are held accountable for their inappropriate behavior
then the "rogue employee acting of his own desire" cannot be considered a legitimate explanation for the safety culture within the company.