How to Get in Trouble with OSHA
I recently read an interesting article with a comedic twist entitled “Top 10 Ways to Get Into Trouble with OSHA” written by James Nash. The Magazine EHS Today polled former OSHA compliance officers, lawyers with OSHA experience, safety managers and consultants to find the best ways to get in trouble with OSHA. I was surprised at how many of these things seemed like common sense safety pitfalls to avoid.
If you want to get into trouble with OSHA, here’s how:
10.) Ignore industrial hygiene issues.
- Many companies only focus on day to day physical workplace safety and don’t look at the big picture and long term effects of the work environment.
9.) Don’t enforce workplace safety rules.
- Many companies do not enforce the rules and procedures in their workplace safety manuals. The safety procedures must be understood and enforced by everyone from upper management to the custodian. A pretty safety manual that is not used and not abided by can be a recipe for willful citations from OSHA.
8.) Don’t take a systematic approach toward safety.
- Companies need to show OSHA that safety is important. Workplace safety does not just happen on its own. Safety must be a well planned, thought out process that is followed and respected by everyone
7.) Don’t use appropriate engineering controls.
- Many companies rely too much on personal protection equipment (PPE) instead of trying to fix the problem at its root. Why hand out thousands of ear plugs when the machines can be reworked to be quieter?
6.) Conduct a workplace safety audit, identify a serious hazard and do nothing about it.
- One of the worst things a company can do is perform a safety review, find something hazardous and then ignore it. OSHA will find this and see this as a willful citation. If you do a safety audit, be prepared to fix anything you find wrong, before OSHA does.
5.) Fail to control the flow of information during and after a safety inspection.
- Many companies hand over information that OSHA does not ask for, getting them into trouble. Only provide what is asked for and do not allow videos or photographs to be taken.
4.) Don’t correct hazards OSHA has cited you for and ignore commonly cited hazards.
- Companies that ignore repeat OSHA violations are asking for a willful citation from OSHA. Also a company should know what common problems in their industry are, and fix them before OSHA finds them.
3.) Keep inaccurate OSHA 300 logs and have disorganized safety files.
- Many companies do not keep good records and receive record keeping citations as well as safety citations.
2.) Antagonize or lie to an OSHA officer.
- As much as a company may want to falsify records or mislead an officer, these are considered felonies and it would be better to take an OSHA violation which is a misdemeanor, than lie and have to deal with a felony.
And the number one way to get in trouble with OSHA is…
1.) Ignore or retaliate against employees who raise safety issues.
- Many companies ignore or even worse, fire, employees who raise workplace safety issues. OSHA is very employee focused. They want to see employee involvement in safety, regular safety meetings, regular training sessions and that employees feel safe in their work environment.
Don’t let your company get in trouble with OSHA, try to strive for the opposite of this “not to do list.”
Nash, James. “The Top 10 Ways to Get in Trouble with OSHA.” EHS Today Dec 2003
It’s terrifying to think that a simple slip or fall could cause so much long term damage. All it takes is one bad fall and the rest of your life is dramatically changed!
If you plan on staying open during the expansion process, companies have to be aware of the new dangers that can pose for employees. Whatever safety measures need to be installed are worth it! You don’t want to risk your employees safety during renovation and expansion.