The Occupational Safety and Health Administration (OSHA) enforces workplace safety laws and regulations. Getting fined by OSHA can be costly for businesses. Here are 7 little-known tricks to help you avoid OSHA fines:
1. Know the Most Frequently Cited OSHA Standards
Familiarize yourself with the OSHA standards most commonly cited for violations. This allows you to proactively address potential issues and avoid fines. The most frequently cited standards include:
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Fall protection - Ensure proper fall arrest and restraint systems are in place to prevent falls from heights.
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Hazard communication - Have complete and up-to-date safety data sheets (SDS) for all hazardous chemicals. Properly label containers.
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Scaffolding - Fully planked scaffolds with proper access and guardrails can prevent citations.
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Respiratory protection - Have a written program detailing proper respirator selection, medical evaluations, fit testing, and training.
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Ladders - Use the correct ladder for the task. Ensure ladders are in good condition and properly set up.
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Powered industrial trucks - Provide training and evaluation for all forklift operators. Enforce safe operating procedures.
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Machine guarding - Make sure guards are in place and working properly on machinery with moving parts.
Closely following the requirements for these common standards makes an OSHA inspection go more smoothly.
2. Maintain Impeccable Recordkeeping
Meticulous recordkeeping is key to avoiding OSHA fines. Properly document all safety activities including:
- Injury and illness records
- Safety training
- Inspections and preventive maintenance
- Air sampling and noise monitoring
- Safety meetings
- Hazard corrections
Thorough records show OSHA you are serious about compliance. They also help you identify problem areas to improve.
3. Have a Written Safety Program
A comprehensive written safety program customized for your workplace is expected by OSHA. Important elements include:
- Hazard assessment - Procedures for identifying and controlling hazards
- Injury reporting - System for reporting injuries and near misses
- Disciplinary policy - System for enforcing safety rules
- Emergency action plan - Procedures for emergencies like fires, spills, weather events
- Preventive maintenance - Schedule for maintaining equipment
- Training - Requirements for initial and refresher training
The program provides structure to your safety efforts. It shows OSHA you are proactive and compliant.
4. Preparation is Key for OSHA Inspections
If OSHA shows up for a surprise inspection, preparation is critical. Important tips include:
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Accompany the inspector - Have a knowledgeable manager guide the inspection. Answer questions accurately.
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Don't obstruct - Never lie or hide potential violations. It will only make matters worse.
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Take notes - Document any photos, measurements, or comments made by the inspector.
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Get interpretations - Ask for explanations if you don't understand why something is a violation.
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Provide abatement info - Explain how and when any violations will be corrected.
Proper preparation helps the inspection go smoothly and builds credibility.
5. Provide Required OSHA Postings
Failure to post required OSHA documents is an easy way to get cited and fined. Make sure these are prominently posted:
- OSHA Job Safety and Health - It's the Law poster
- Annual OSHA injury and illness summary
- Emergency phone numbers
- Safety committee meeting minutes
- Disciplinary policies
Postings must be in areas visible to employees. Electronic posters are acceptable if all employees have computer access.
6. Stay on Top of Changes
OSHA rules and interpretations change over time. Stay up to date on new requirements to avoid violations, including:
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Check the website - Monitor OSHA's website for new rules and interpretation letters. Sign up for email updates.
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Review memos - Read internal memos and guidance documents issue by OSHA.
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Attend training - Take OSHA update training classes annually.
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Review citations - Learn from violations issued locally and in your industry.
Routine review of OSHA communications helps you adapt to changing expectations before an inspection.
7. Call for an Informal Conference
If you do receive an OSHA citation, consider requesting an informal conference with the area director. This provides an opportunity to:
- Present additional evidence about a violation
- Clarify interpretation of standards
- Negotiate reduced penalties
- Discuss corrective actions
- Resolve disputes and avoid litigation
Informal conferences have successfully reduced penalties and allowed employers to avoid repeat violations.
Conclusion
Avoiding OSHA fines requires continuous awareness and effort. But it pays off through goodwill, reduced costs, improved morale, and fewer injuries. Smart employers make OSHA compliance a top priority. Using these tricks can help you stay off OSHA's radar and focus on growing your business.