A Few Tips You Need to Know Before Your Next Cal/OSHA Inspection

Cal/OSHA’s top 10 frequently cited violations have barely budged since 2004. Most of the top offenders are program based citations such as the Injury Illness Prevention Plan (IIPP), Heat Illness, Hazard Communication, and Lockout Tagout. Trends like this point out how companies seems to be making the same small mistakes year after year, which makes it easy for Cal/OSHA compliance officers to cite. The first line of defense is to prevent any unnecessary Cal/OSHA visits to your site; but even after an inspector has made their way inside, it’s just as important to keep your composure during an inspection. Below are a few tips to protect your facility from becoming another statistic.

1. Don’t call attention to yourself - The Cal/OSHA Consultation Program offers free on-site visits to help identify workplace hazards and review safety programs. The program has no connection to Cal/OSHA Enforcement and all interactions are confidential. However, while they cannot issue citations, fines or penalties during the inspection, they will provide a list of findings along with timeframes for correction to which the employer must agree. This could bring some unwanted pressure that you may not be prepared for. Calling Cal/OSHA to your doorstep might put you in a difficult position despite good intentions. An independent environmental consultant might be a safer choice.
   
   Another way to attract Cal/OSHA is through a lack of housekeeping, particularly on the outside of your facility; so it is always best to keep a tidy workplace. Remove any chance to catch the eye of concerned passersby, or give reason for complaint. Ensure that all walkways are clearly marked and kept free of clutter, wires, cords and other trip hazards. If you must store equipment outside, keep it covered, if possible, and in good condition. A well-kempt space is a safer space.
   
   
2. Get rid of your labor/management safety committee - The IIPP requires employers to “establish a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health” (8 CCR Section 3203 (a)(3)). One method employers use to meet this criteria is to institute a safety committee. The catch? Once you decide to use a labor/management safety committee to fulfill this condition, the committee must meet certain requirements that are specified in the IIPP regulation including frequency for meetings, maintenance of written records, and performing investigations. If your safety committee doesn’t fulfill these roles, get rid of it….or name it something else. Having a safety committee is not mandated by the IIPP, but it is an easy way to find holes in the implementation of your program.
   
   
3. Don’t volunteer information - Once the compliance officer is on site, it is important that you and your employees only share the information that is asked of them. Additional or unrelated information can potentially redirect the inspector, point out flaws, or lead to more questions. Therefore, it is important that you train ALL of your employees (not just your department heads/supervision) on inspection procedures, including series of events, employee rights, and the types of questions that an inspector might ask. Many times, employees may default to saying “I don’t know” or “no” when they are put on the spot and asked a questions by a compliance officer because they are afraid to say the wrong thing. Even if they know the information, you will not see a return on your safety training investment if your employees are not confident in their role in Cal/OSHA inspections and their rights as potential interviewees. The more your employees know what to expect and are comfortable with the process, the more quickly the inspector gets what s/he needs, the smoother the process, and the better the outcome.
   
   
4. Learn code speak - Much of Cal/OSHA regulations contain vague or ambiguous phrases like: acceptable, adequate, appropriate, periodically, reasonable, or timely. Be sure you are clear on which rules have a specific criteria for judgement or if compliance is conditional. Going back to the example above, the IIPP requires “a system for communicating with employees in a form readily understandable by all affected employees”. Whether or not your communication approach is “readily understandable” will be based on your employee population. Is English a second language? Would illustrations get the point across? How about direct messages or emails? When rules are left up to interpretation, consider a few questions: Are you able to show your decision logic? Have you proven the situational analysis of your process? What documentation do you have to back you up? Do your employees find it sufficient/effective/logical? This is where a good consultant can come in handy to help decipher the jargon and tighten up your program.
   

Frequently cited violations are easy targets when they haven’t changed in almost 15 years. Our Environmental Health and Safety professionals are experts in Cal/OSHA compliance and their most targeted areas for enforcement. We offer comprehensive site audits and can assist in correcting any potential non-compliance issues so that you are prepared for your next Cal/OSHA visit. We are always available to work with you to resolve your NOVs, but prevention can be less costly over the long run. For more information contact us at (562) 495-5777.
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References:
Monod de Froideville, Dick (2018, July) Safety Programs & The Inspection Process. PowerPoint presented at the IECOC Event: Cal/OSHA “Mock Inspection” - What to Expect When You’re Inspected, Costa Mesa, CA.