August 24, 2017
When business is good, your team operates like a well-oiled machine, but that doesn’t always mean it’s working safely. If safety falls by the wayside, you could earn a visit from OSHA, which costs up to $126,749 for the most serious violations. Needless to say, that’s a line item you don’t want in your books.
| Type of violation | Penalty |
| Serious Other-Than-Serious Posting Requirements | $12,675 per violation |
| Failure to Abate | $12,675 per day beyond the abatement date |
| Willful or Repeated | $126,749 per violation |
Most employers will never cross OSHA’s radar, but what if OSHA does come knocking? Take a look at our tips for surviving an OSHA inspection.
1. Report injuries and illnesses
OSHA requires employers to record and report all fatalities, as well as certain injuries and illness. You can avoid costly fines by complying with recording and recordkeeping requirements. OSHA launched an Injury Tracking Application on Aug. 1 to help with reporting injuries and illnesses electronically.
2. Know what triggers an inspection
OSHA conducts programmed and unprogrammed inspections. Programmed inspections are planned. They focus on high-hazard companies and industries. Unplanned factors, including fatalities, severe injuries and employee complaints, trigger unprogrammed inspections. OSHA is there to help you keep your employees safe and hold you accountable. Knowing what triggers an inspection will help you prevent accidents that can prompt a visit from OSHA and help you be prepared if an inspection arises.
3. Understand the inspection process
OSHA inspections follow a strict process, starting with the inspector presenting his or her credentials. From there, the inspector explains the purpose of the visit during the opening conference. The inspector will then walk the job site looking for hazards. The process wraps up with the closing conference, where you learn about any violations the inspector found. Knowing the steps can help you explain the process to your employees, which can ease their concerns and help you know what to expect.
4. Create an I2P2
A written injury and illness prevention program, known in OSHA-speak as an I2P2, provides a road map for sending employees home injury-free. The plan identifies the hazards employees are exposed to, explains how the company will protect employees and assigns accountability within the program. If you do not have an I2P2 in place, it’s best to be proactive and create one before an injury occurs.
5. Keep accurate records
Accurate records are a critical component of any successful safety program and they’re also a key part of OSHA inspections. During the opening conference, you will present your written I2P2, safety training records, medical surveillance records and OSHA logs. The inspector will also ask about applicable OSHA-required programs, such as hazard communication, hearing conservation, forklift safety and confined spaces. This means it’s vital to keep records along the way so that you’re prepared if and when an OSHA inspector comes knocking. For sample programs, visit OSHA and the Texas Department of Insurance (TDI) online.
6. Don’t interfere with the inspection
Sometimes, an employer allows the inspector to enter but interferes with or limits an important aspect of the inspection, such as the walk-through or employee interviews. Remember that interference could result in legal action. Allow inspectors to see what they are there to inspect, provide them with requested documentation and allow them to speak to employees.
7. Apply for variances
If you are found to have violated an OSHA standard, you might qualify for a compliance exception, or variance. For example, some employers may not be able to comply fully and on time with a new safety or health standard because of a shortage of personnel, materials or equipment. You can speak to your local OSHA office about this option.
8. Get compliance assistance
If you’ve tried to navigate OSHA’s standards, you know there is a lot to consider. Fortunately, you’re not on your own. Take advantage of these free OSHA-sponsored compliance assistance programs:
- OSHCON – OSHA partners with TDI to offer the Occupational Safety and Health Consultation (OSHCON) program. The program is a non-regulatory service that helps employers identify and correct violations without getting fined.
- VPP – Qualifying employers can enroll in OSHA’s voluntary protection program (VPP). Participating employers are exempt from programmed inspections while they maintain their VPP status.
- Discounted OSHA training – Texas Mutual offers policyholders a discount on OSHA’s 10-hour general industry or construction industry training. Visit Discounted OSHA Training on our website to learn more.
Maintaining a safe workplace is the best way to stay off OSHA’s radar, and Texas Mutual is here to help. Call our safety services support center at 844-WORKSAFE to connect with a dedicated safety consultant who can provide safety evaluations and training. Visit texasmutual.com to access more than 2,000 free resources, including e-Learning training modules to educate your employees on safe procedures. We encourage every employer to leverage the free resources offered by Texas Mutual, and make safety a priority in their organization.