Here are some tips on what to do if an OSHA officer visits your site.

Duplicate the Compliance Officer’s moves.

If he takes a measurement or photograph, take your own measurement or photo, perhaps from another perspective for your records. If unsure, feel free to ask why he has a particular interest in a given area. Remember, whatever is in site is subject to inspection, so try to escort him via the safest route. Offer no information other than what you’re asked for- an attempt to smooth-over or talk your way out of an apparent hazard helps no one, and could be detrimental.

Conduct a closing conference.

At this time, you will review with the Compliance Officer any apparent violations and discuss possible methods and time periods necessary for correction. The compliance Officer will explain that the violations found may result in a citation and a proposed financial penalty, will describe the employer’s rights, and will answer all questions. Remember to speak only in terms of alleged violations.

Citations.

OSHA is required by law to issue citations for violations of safety and health standards. The agency is not permitted to issue warnings. Citations include: a description of the violation, the proposed penalty if any, and the date by which the hazard must be corrected. In most cases, citations are prepared at the local OSHA office and mailed to the employer. OSHA has up to six months to send the Notice of Penalty, with it usually taking two to three months on average for you to receive this notice.

Contesting/ Negotiating a Citation

Employers have 15 working days upon receipt to file an intention to contest OSHA citations. An employer may request an informal conference with the area director to discuss any citations issued if you feel an OSHA citation is unreasonable. Citations may disputed for two common causes; that the citation is false, or that the citation’s dollar penalty is excessive. Two less common but still worthy pursuits are; disputing the citation’s contention that the danger was real, serious, and that an accident was likely to occur, and that you were responsible for causing the unsafe conditions. While this may not relieve you completely of a penalty, it may count toward negotiating a better deal.

Contesting is frequently a good idea since OSHA will typically negotiate with the employer to a lesser penalty amount. The agency and the employer can then arrange a settlement agreement to resolve the dispute, and more importantly, to demonstrate that the hazards were eliminated.

Despite your best efforts to create a safe workplace, there may still be accidents. In many cases, an accident traumatizes a company, with concentrated efforts devoted to helping any victims, making temporary repairs or adjustments at the jobsite or shop, and trying to get the daily business flow going again. Stopping to notify OSHA is likely to not be one of your immediate priorities. But at what point does an “accident” qualify as being required to be reported to OSHA?

Suppose your foreman calls from a jobsite. He tells you that one of your workers has fallen, and requires hospitalization. Do you ever need to call OSHA about the incident? Surprisingly, the answer is “No”. In fact, the criteria for qualifying an incident as reportable are much higher.

According to Federal regulations, an accident is required to be reported to your local OSHA office when:

A fatality has occurred.
or…
Three or more workers require in-patient (overnight stay) hospitalization from a particular incident.

Note that the criteria above will apply to a thirty (30) day window from the occurrence of the accident. For instance, if within thirty days from a particular incident a worker dies as a result, at that time the accident is reportable.

Another example would be three workers working on a roof deck. The roof deck collapses, with all three workers falling. Two workers are rushed to the hospital where they each spend at least one overnight stay. The third worker, however, is treated for cuts and bruises and released without an overnight stay. If within thirty days, the third worker is admitted for an overnight stay (say, due to a possible concussion that symptoms later indicated), then at the point in which the third worker stayed overnight is when the accident becomes reportable.

Once an incident is determined to be reportable to OSHA, it’s time to take a deep breath and get on with it immediately. The notification needs to be made within the following time limits.

Within eight (8) hours.
or…
Within eight (8) hours from when the incident is reported to any agent or employee of the contractor.

Furthermore, OSHA requires the following information to be given at the time of reporting a qualifying accident.

Company name
Location of the incident
Time of the incident
Number of fatalities and/or
Number of hospitalized workers
Contact person
Phone number
A brief description of the accident

This report should go to the local OSHA area office. To help with this, OSHA has established an emergency number of (800) 321-OSHA. Upon calling this number, you’ll be directed through a menu. After you’re directed to enter your zip code, your call will be forwarded to the appropriate OSHA office. Notification may be made by phone, facsimile, or hand-carried letter. Naturally, any phone or fax notices should be followed up in writing for verification, and to ensure no misinterpretations occur.

Failure to report a qualifying accident in time may result in fines of up to $5,000. Naturally, some mitigating circumstances may apply, such as if the accident occurred at night, or on a weekend or holiday. Also, if the stress of the moment caused you to forget to notify immediately. The main fact OSHA would consider is if the contractor actually contacted OSHA first- not the other way around. Voluntarily calling OSHA first, say 24 hours after and accident, while technically a violation, may not be pursued as such by OSHA. However, if OSHA contacts you at any time after the 8 hour expiration has run out, you will likely be cited for failure to notify.

A contractor contacted me several months ago, and said he was “waiting for OSHA to come to the door.” When asked why, he said that one of his workers (who wasn’t wearing a safety harness) was killed from a fall. He was talking how he had expected OSHA to come to his office, but it had been two weeks. He believed that OSHA automatically visits contractors in such a circumstance- and sometimes it may be true. In this case the contractor was clearly in violation, and the likely eventual discovery of this accident by OSHA would lead to serious consequences for the contractor. Upon my advice, he promptly notified OSHA with his explanation- not good, but the best course under the circumstances.

Also, be careful that the information given is correct and truthful. The above list is the minimum required by OSHA, and should be factual, but may be brief. Remember, penalties for false statements by you or your workers may result in fines up to $10,000 and or imprisonment of up to 6 months!

If an accident happens, there is no need to rush to the phone. Obviously the first order of business is to take care of your workers first, then eliminate any hazards causing or resulting from the incident, and then returning the jobsite to a safe condition.

At that point a careful and clear assessment should be done to determine if the accident qualifies for reporting. If it is determined that the accident qualifies, then a notification report should be carefully prepared in accordance with the above list, and OSHA notified within the 8 hour time limit of the accident’s occurrence.

What qualifies as a reportable accident. should be understood by not only your workers, but also any subcontractors working onsite to prevent unnecessary reporting of an accident. A notice should be added to your poster board showing the two criteria which qualifies an incident as reportable. Many workers and subcontractors are quick to call OSHA when any accident occurs under the incorrect premise that it is necessary. Therefore, this should be discussed with all workers and other contractors on a project so that everyone is familiar with the regulations.

However, remember it’s still everyone’s responsibility onsite to report any safety violations or unsafe work practices to the controlling, or general contractor to keep the jobsite safe. Contractors working together to control unsafe conditions is a major step to preventing a reportable accident from occurring.

Helping contractors to understand and focus on areas where jobsite hazards and citations usually and frequently occur not only gets right to the heart of the matter, but also, results in an increased level of hazard awareness for you and your workers.

Therefore, let’s review some of these areas where jobsite and workplace violations frequently occur and offer some control measures on how to avoid these situations and comply with OSHA’s regulations. To do this, we’ll look at some of the various OSHA reports on “most frequently cited serious violations” for the following: The related Subpart section of the CFR (Code of Federal Regulations) follows each one listed.

• Fall Protection (Subpart M)
• Excavations (Subpart P)
• Stairways and Ladders (Subpart X)

Fall Protection

The three (3) most frequently cited serious violations are:

1. Failure to protect workers from falls of 6 feet or more off unprotected sides or edges, e.g. floors and roofs 1926.501(b)(1); (b)(10); and (b)(11).
2. Failure to protect workers from falling into or through holes and openings in floors and walls 1926.501(b)(4) and (b)(14).
3. Failure to provide guardrails on runways and ramps where workers are exposed to falls of 6 feet or more to a lower level 1926.501(b)(6).

Fall Protection Control Measures:

Again, by means of performing a jobsite hazard survey, you will determine where fall hazards may exist throughout the course of the project, then implement and train your workers on the necessary protective measures prior to startup. Protective measures may include any one or a combination of the following methods: personal fall arrest system, guardrail system, safety net system, positioning device system, controlled access zone, and/or safety monitor. Which method to use depends on the type of fall hazard.

• Wherever possible, use a mechanical lifting device to lift equipment or assembled items into place such as sections of roofing. This will eliminate or reduce the number of workers exposed to falls.
• Working platforms such as aerial lifts or scaffolds provide better working surfaces for your workers rather than walking top plates or beams.
• A hole is defined as an opening 2 inches in its smallest dimension in a floor, roof or other walking/working surface. Covers are to be placed over any holes and marked as “HOLE” or “COVER” to provide warning of the hazard.
• Where fall hazards exist, limit the number of workers in the area to only those who are qualified and necessary. Also, designate an employee as the “safety monitor” where fall hazards exist. This person will observe employees and alert them of any unsafe activity and any hazards that could cause them to trip or fall.

Excavations

OSHA lists twenty one (21) areas of the standard most frequently cited as serious violations (January 1990 to April 1996), they are:

1. Protection in Excavations 1926.652(a)(1)
2. Inspections .651(k)(1)
3. Loose Rock/Soil .651(j)(2)
4. Means of Egress .651(c)(2)
5. Vehicular Traffic .651(d)
6. Inspections .651(k)(2)
7. Water Accumulation .651(h)(1)
8. Loose Rock/Soil .651(j)(1)
9. *Walkways/Guardrails .651(1)(2)
10. Falling Loads .651(e)
11. Adjacent Structures .651(I)(3)
12. *Walkways/Guardrails .651(1)(1)
13. Sloping/Benching Systems .652(b)
14. Adjacent Structures .651(I)(1)
15. Design/Protective Systems .652(c)
16. Shield Systems Requirements .652(g)(2)
17. Shield Systems/General .652(g)(1)
18. Underground Installations .651(b)(4)
19. Hazardous Atmospheres .651(g)(1)
20. Surface Encumbrances .651(a)
21. Protective Systems .652(a)(2)

* Section 1926.651(1)(2) was deleted by the Federal Register number 40730, dated August 9, 1994 (final rule Subpart M of Part 1926 -Fall Protection). Basically, these two sections are now covered under the new fall protection regulations for the construction industry found in Subpart M as noted.

As you can see from the list above, contractors continue to be cited for numerous violations of the excavation regulation. This is partly due to the fact that with most excavation projects there are many elements to consider and have a clear knowledge of such as: soil classifications, shielding/shoring systems, sloping/benching methods, the effects of water accumulation, hazardous atmospheres, protection of existing underground structures/utilities, effects of adjacent structures, adjacent vehicular traffic, employee access in and out of the excavation, inspection methods, emergency evacuation plan, etc., and the list goes on.
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