OSHA Inspections - What You Should Know!

In most cases, an inspection by OSHA is unscheduled. The first thing to do when an inspector arrives unannounced is confirm their credentials. Be sure to copy their badge and call the local OSHA office to confirm. You even have the right to request that the OSHA compliance officer obtain an inspection warrant in order to perform the survey. However, it is possible that requesting a warrant can create an adversarial situation that can lead to a more stringent review process and cause more headaches for you and your employees.

Inspections can occur for the following reasons:

• Random selection
• Targeting specific industries where they suspect hazardous workplace conditions
• After a severe injury occurred on premise
• Worker allegations of hazardous conditions or violations
• Follow-up inspections to confirm hazardous conditions/violations have been abated
• Referral (Police, Fire Department, etc.)

The first part of the inspection is an opening consultation. They will review why they selected the workplace, how they are going to conduct the survey and what paperwork they will need to review. You should assign two employees of your wash to accompany the officer. One person should be intimately familiar with all facility operations and safety procedures, while the other should be an employee that can take notes and pictures of everything that the inspector points out. Consider using someone other than management. This might be a good method of giving non-management personnel a feeling of being an integral part of the safety protocols at the wash.

The next phase of the inspection is the walk around. Make sure that your employee assigned to the officer takes detailed notes in order to have as much information as possible when reviewing any violations written up. These details could help mitigate fines associated with violations.

The last aspect of the inspection is the closing conference. During this session, the compliance officer will outline his findings and discuss any citations and proposed penalties. This is your opportunity to provide any explanations or documentation to offset their findings. If there is evidence of OSHA Standards violations or if serious hazards are identified, they may issue citations and fines.

OSHA is required to send a written violation report, "Citation and Notification of Penalty", within six (6) months of the visit. The report will describe the following:

• The alleged OSHA Standard(s) violated (categorized as Willful, Serious, Other than Serious, Failure to Abate, or Repeated)
• Proposed penalties
• Deadline for correcting alleged hazards/violations

This Citation and Notification of Penalty Report MUST BE POSTED in a conspicuous area of the wash at all locations.
For violations categorized as ‘Serious’, OSHA has a practice of reducing penalties that pertain to small employers and those acting in good faith. This, however, would not apply to alleged ‘Willful’ violations.

The employer has the right to appeal. This appeal must be submitted within 15 working days, after receipt of the officer’s written citation report and submitted to the OSHA Area Director in writing.  Please note that this is the ONLY timeframe that you have to appeal. Once this timeframe elapses, you lose that right completely and your written citation becomes your final order.

Your penalty payment is also due within 15 working days after receipt of the officer’s written citation report.

Some of the most common violations that occur are:

• No written Hazard Communication Plan in place
• Lack of or improper use of PPE (Personal Protection Equipment)
• No written procedures for Lock Out Tag Out
• Insufficient eyewash stations
• Electrical (particularly in the equipment rooms)

Make sure to stay up to date on all OSHA regulations, not only for the safety of your employees, but for the efficiency and effectiveness of your business.

Refer to www.OSHA.gov for a list of required OSHA Standards.

Remember: A Safe Wash Protects People and Profits!



Be Prepared! OSHA to Impose New Federal Rules

Currently in the U.S. there are 34 States that have some regulatory policies with regards to implementing an IIPP (Injury and Illness Prevention Program). A few are mandatory and many others are voluntary in varying degrees. For example, California is a mandatory State and requires a written plan. Depending on certain criteria, the minimum requirements mandate: 

• The plan be written
• A specific individual must be identified as a person with the authority to implement the plan
• The employer must have procedures to evaluate work place hazards (see last month's blog)
• New employees must show evidence of training
• All hazardous exposures must be addressed
• The employer must perform periodic inspections to identify unsafe conditions or work practices

These are just a partial list of the standards imposed by the law in California.

The reason I am bringing this to the attention of the rest of the country is to alert Employers that OSHA has been working on I2P2(Injury and Illness Prevention Rule). This is a new rule being proposed and is scheduled to be released by this September 2014. While we all know that it will take some time to roll this out, it will be effective sooner than later. Assistant Secretary of Labor for OSHA, Dr. David Michaels, has said this is his top rulemaking priority!

The basics of this new standard will be to mandate every workplace to:

• Provide a comprehensive hazard assessment survey
• Employers must design a written program to evaluate all hazardous exposures identified and provide periodical reviews of how the plan is minimizing these hazards as well as the risk of injuries to employee. 
• Employers are also being required to have regular safety meetings with educational materials and training.

Currently, there isn't any federal requirement to perform these hazard assessments, except in certain situations where employees are exposed to unusually dangerous circumstances. One such example would be exposure to some chemicals.

OSHA has done a great deal of research on this topic and see this as a real simple solution with proven principles that will keep millions of Americans safer. The expectation is that implementing this rule will significantly decrease the incidences of workplace injuries and illnesses which in turn will equate to substantial reductions in costs.

The bottom line is that now is the time to get ahead of this and start developing a hazard assessment plan right away. Using last month's blog is a good way to start. Also, there are several websites with examples of programs that are being used now. Identify who your champion will be to administer and be responsible for this and get going!

 

A Safe Wash Protects People and Profits!

 

 

Come Visit us March 31 - April 1 at the Car Wash Show in Chicago at Booth #219

 

See you there!!



Got a minute?

We all know, in many cases, carwashing volume is way off as a result of several factors.  However, there are still busy days.  As in many businesses today, carwash owners are often trying to do more with less.  These are the times where accidents most likely occur. 

Example:  At a lube facility the normal procedure for rotating tires required two employees.  One of the main purposes of this process was to insure that no steps were missed. During a busy day one employee was removed from this process - result - woman lost tire while driving.  The investigation revealed that the lug nuts were never tightened.  This could have resulted in serious injury; luckily it was not the case. 

How could this apply to carwashing; there have been numerous claims where untrained drivers were used during a busy day resulting in personal injury and property damage incidents.

Moral of the story, procedures are designed to protect customers and employees. It is imperative that everyone at the wash understand that cutting corners, especially at a busy time, will result in increased risk!  I recommend highlighting this exposure to your employees with either a poster or an alert included in their paychecks.

OSHA Tip:  Bottles used for eyewash stations are not acceptable.  To meet OSHA standards the eyewash station must have a minimum of 15 minutes continuous water flow.