By Troy Tepp
Sentry Insurance
In early 2021, President Joe Biden signed several executive orders, including ones that promised better OSHA standards enforcement and more inspectors — and likely more inspections — in the year ahead. OSHA directly acknowledges that plastics manufacturers represent a substantial portion of the American workforce and a fair share of work-related hazards.
That makes it more important than ever for plastics manufacturers to know how to stay compliant with OSHA standards, and plan for an unexpected inspection. Businesses that don't comply may endanger their employees and may be subject to citations, hefty fines and follow-up inspections.
As part of the Safety Services team at Sentry Insurance, it’s my job to help a business like yours ensure you do everything you can to protect your employees and the continuity of your operation. We’ve compiled the tips below to help you prepare for possible OSHA inspections.
Anticipating an OSHA compliance inspection
Customers often ask me if they can expect advance notice from OSHA before an onsite inspection. In most cases, advance notice doesn’t precede a compliance inspection. In fact, it’s a crime for any OSHA representative to give advance notice that is unauthorized or otherwise provides an inappropriate benefit to any of the parties involved in the inspection. At Sentry, we find OSHA inspections are most often triggered by one of the following circumstances or events:
Imminent dangers: These include recognized hazards that could cause death or serious physical harm — OSHA's top priority to identify and correct. They also encompass dangers that a compliance officer would ask an employer to immediately correct or remove. While there are currently no specific OSHA standards for the plastics industry, the OSHA website provides a clear list of references to help businesses recognize workplace hazards and control them through methods such as machine guarding, ergonomics and lockout/tagout procedures.
Severe injury and illness risks: OSHA typically initiates a visit when employers execute their required notice of a work-related fatality, amputation, eye loss or incident that resulted in inpatient hospitalization.
Employee complaints: Employees can submit allegations of workplace hazards or violations. In these cases, OSHA may request written comments from the employer to initially evaluate the priority and determine whether an onsite inspection is appropriate or necessary.
Referrals: Outside agencies at the federal, state, or local level can also report workplace hazards related to your operation. Reports from individuals and organizations unrelated to the business may also initiate an inspection, depending on the reports’ legitimacy.
Targeted programs: These inspections are typically aimed at designated industries or workplace operations considered highly hazardous for employee injuries or illnesses due to the risks posed by inadequate machine guarding, material handling and slips, trips and falls.
Follow-up cases: After an initial inspection, OSHA will typically return to a site to ensure that you’ve effectively addressed previously recognized inspection findings.
Inspection processes and procedures
While you can’t necessarily plan for when an OSHA inspection will occur, you can implement procedures to help manage the process so it is accurately and effective with minimal disruption to everyday operations. Every inspection follows the same general procedure. Knowing the steps helps keep your team prepared to comply with an agency’s requests and inquiries.
OSHA Compliance Safety & Health Officer (CSHO) arrival: Prepare for a CSHO by designating a team member to receive the individual and verify their credentials. These should include a photo ID and serial number. Once verified, ensure your team knows who will be responsible for accompanying the CSHO as they conduct the inspection. Your designated representative should ideally be a member of the management or human resources team.
Permission to inspect: Before conducting an inspection, CSHOs generally research the inspection history of a worksite, review its operations and know which standards are most likely to apply. While your business is within its rights to refuse an inspection unless the CSHO presents a search warrant, such an option isn’t necessarily beneficial. If the CSHO comes prepared with — or returns with — a search warrant, employers should consider having an attorney present before proceeding with the inspection.
Opening conference: During the initial meeting, the CSHO will explain why OSHA selected the workplace for inspection and describe the inspection scope, walkaround procedures, employee representation and employee interviews.
The inspection: The CSHO will inspect as outlined in the opening conference. You can better control a more narrow-scope inspection by taking the CSHO directly to the specific site of interest, rather than the entire facility, where anything observed is open for further inspection. Inspections may take a few hours or several days, depending on the number of hazards, workplace size and other factors.
Provide the inspector(s) with any necessary PPE (masks, hardhats, etc.) as required for your operations. Take careful notes of the areas they inspect and any observations they note during the walkaround. While a CSHO may not deem all observations as violations, you can help protect your team by noting them throughout the inspection.
Through the inspection, the CSHO will also ask to review your OSHA 300 log. When an incident occurs on your jobsite, it’s your duty to record specific details of the incident on OSHA form 300. Give the CSHO access to your complete 300 incident log so they can review and verify the information.
Employee interviews: The CSHO will likely want to interview your employees to gather more information about possible violations. Inform employees that the inspection is in progress and of their rights, including their right to:
Talk privately and confidentially to the inspector;
Give their own verbal or written complaint to OSHA at any time;
Refuse private interviews or end the interview at any time for any reason (unless subpoenaed);
Refuse to sign statements, be photographed or recorded or provide private contact information;
Have legal counsel present during the interview.
Closing conference: After a complete review of your operation, the CSHO will conduct a closing conference, either in person or by telephone, to review findings and any apparent violations and to discuss possible courses of action. Like the opening conference, employers have the right to legal counsel during this meeting.
Receipt of CSHO’s confirmation letter and company response to citations: After completing the inspection and closing conference, OSHA will formally notify you of any violations or serious hazards and may issue you citations or penalties. You’ll also receive a deadline for correcting the alleged hazards.
When OSHA issues a citation, you have the opportunity to have an informal conference with the OSHA Area Director to discuss citations, penalties, abatement dates, or any other information pertinent to the inspection. You and the agency may work out a settlement agreement to resolve the matter and eliminate the hazard.
Remember, OSHA’s primary goal is to correct hazards and maintain compliance, rather than issue citations or collect penalties. While inspections may come unannounced, it’s possible to plan ahead and prepare your team for what’s to come. By being proactive, consulting with local experts, and preparing for unexpected visits, you can stay updated on the latest manufacturing safety best practices. In doing so, you can help protect your employees and improve the overall safety of your business.
Troy Tepp is a director of safety services with Sentry Insurance. Sentry provides property, casualty and life insurance, and retirement products to manufacturers and businesses. Learn more at sentry.com
