Risk & Business Magazine Bowen Miclette & Britt Summer 2018 | Page 6

OSHA INSPECTIONS BY: CHANDRA CHANEY, BOWEN MICLETTE & BRITT How To Survive An T OSHA Inspection here have been recent increases in OSHA’s penalty structure, where a serious violation penalty may now cost almost $13,000 and a willful violation almost $125,000. In addition to the increase in fines, the Department of Justice and OSHA are collaborating to increase criminal prosecution of workplace violations as well. This increase in penalties and the possibility of prison time has many executives and managers concerned about OSHA knocking on their door. JUST THE FACTS There were 32,396 OSHA (federal) inspections in 2017. This number does not include the almost 75,000 state OSHA inspections. The following were the top ten most frequently cited standards by OSHA (federal) in fiscal year 2017 (October 1, 2016, through September 30, 2017): 6 1. Fall protection, construction (29 CFR 1926.501) 2. Industry (29 CFR 1910.1200) 3. Scaffolding, general requirements, construction (29 CFR 1926.451) 4. Respiratory protection, general industry (29 CFR 1910.134) 5. Control of hazardous energy (lockout/ tagout), general industry (29 CFR 1910.147) 6. Ladders, construction (29 CFR 1926.1053) 7. Powered industrial trucks, general industry (29 CFR 1910.178) 8. Machinery and Machine Guarding, general requirements (29 CFR 1910.212) 9. Fall Protection–Training Requirements (29 CFR 1926.503) 10. Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305) 6 REASONS WHY It is important to know why an inspection may happen. Here are the reasons in order of importance: 1. Imminent Danger This occurs when OSHA receives a report where death or serious harm is threatening and it is reasonably likely that a serious accident could occur immediately or before abatement can be implemented. This is referred to as IDLH (Immediately Dangerous to Life and Health). 2. Fatality/Serious Accident Fatalities must be reported to OSHA within eight hours. All inpatient hospitalizations, amputations, or eye loss must be reported within twenty-four hours. Any of these will prompt a visit. 3. Complaint OSHA takes employee complaints