DLLR's Division of Labor and Industry

 

Chapter III - General Inspection Procedures - MOSH Field Operations Manual - Maryland Occupational Safety and Health (MOSH)

 

7. Walk Around Inspection. The main purpose of the walk around is to identify potential safety and/or health hazards in the workplace. The CO/IH shall conduct the inspection in such a manner as to eliminate unnecessary personal exposure to hazards and to minimize unavoidable personal exposure to the extent possible.

a. General Procedures. It is essential during the walk around on every inspection for the CO/IH to:

(1) Become familiar with plant processes, collect information on hazards, observe employees' activities and interview them as appropriate.

(a) For health inspections, a preliminary tour of the establishment normally shall be accomplished before any decision to conduct an in-depth industrial hygiene investigation.

(b) Such a preliminary walk around shall survey existing engineering controls and collect screening samples, when appropriate, to determine the need for full-scale sampling.

1 If screening reveals potentially high exposure levels, a comprehensive health inspection shall be conducted.

2 If screening samples must be sent to the laboratory for analysis, the employer shall be so informed.

a If the laboratory results show that potentially high employee exposure levels exist, full-scale sampling of the potentially hazardous areas will be conducted.

b If the results are negative, the employer and any employee representatives shall be advised.

(2) Evaluate the employer's safety and health program (whether written or not) as follows:

(a) By ascertaining the degree to which the employer is aware of potential hazards present in the workplace and the methods in use to control them:

1 What plans and schedules does the employer have to institute, upgrade and maintain engineering and administrative controls?

2 What is the employer's work practices program?

(b) By determining employee knowledge of any hazards which exist in the establishment; the extent to which the employer's program covers the precautions to be taken by employees actually or potentially exposed to plant hazards; emergency procedures and inspection schedules for emergency personal protective equipment; the program for the selection, use and maintenance of routine personal protective equipment; and overall quality and extent of the educational and training program and the degree of employee participation in it.

1 Compliance with the training requirements of any applicable safety and/or health standard shall be determined.

2 The following specific elements of any established safety and health program shall be evaluated in the detail appropriate to the circumstances of the inspection:

a Comprehensiveness. Evaluate the degree to which the employer's safety and health program addresses the full range of hazards normally encountered in the employer's operations. This is an overall evaluation and shall take into account the evaluations of the remaining categories. Indicate whether the program is written.

b Communication. Evaluate the employees' awareness of the access to the safety and health program, taking into account the principal means by which the program is communicated to them (e.g., oral instructions, booklets, memoranda, posters, etc.). Consider whether safety meetings are held by the employer, their frequency and the persons conducting them (e.g., crew foremen, intermediate level supervisors, safety director, etc.). The effectiveness of these means shall be considered in the evaluation.

c Enforcement. Evaluate the degree to which safety and health rules are actually enforced, taking into account the principal methods used (e.g., warnings, written reprimands, disciplinary action, discharge, etc.) and the effectiveness of these methods. Determine whether there is a staff (or one specific person) with assigned safety or health responsibilities and consider the effectiveness of the staff's performance.

d Safety/Health Training Program. Evaluate separately any safety and health training programs the employer has. Factors to be considered include the need for special training in view of the hazards likely to be encountered or of specific requirements for such training and the need for ongoing or periodic training or retraining of employees.

e Investigations. Evaluate the employer's efforts to make accident/injury/illness investigations and indicate whether adequate corrective and preventive actions are taken as a result.

(3) Determine compliance with specific performance standards that require emphases such as hazard communication and hazardous energy control.

(4) Identify locations and conditions that received citations during a previous inspection and include follow-up or monitoring activities as part of the walk around to ensure proper abatement or to determine abatement progress, if the citations are a final, unstayed order of the Commissioner. Follow-up and monitoring activities do not constitute a separate inspection when they are conducted as part of another investigation. No separate OSHA-1 should be submitted.

(a) Record all facts pertinent to an apparent failure to abate, repeated or willful violation on the appropriate compliance worksheets.

(b) Determine if a letter of abatement previously received from the employer accurately described the correction of a previously cited violation.

(c) Apparent violations shall be brought to the attention of the employer and employer representatives at the time they are documented.

(5) Collect all pertinent and necessary information to support the existence of an apparent violation. The following elements must be documented on the OSHA 1-B:

(a) Standard apparently violated

(b) Date and time of violation

(c) Location

(d) Condition

(e) Stress factors/medical surveillance

(f) Equipment

(g) Hazard/severity

(h) Knowledge

(i) Length of time

(j) Measurements

(k) Photos/videotapes (which are necessary)

(l) Exposure

(m) Proximity/PPE

(n) Frequency/duration

(o) Employer comments

(p) Abatement steps

(q) Abatement method

(r) Abatement time

(s) Recommendation

(6) Record all facts pertinent to an apparent violation on the appropriate compliance worksheets. Apparent violations shall be brought to the attention of the employer and employee representatives.

(a) All notes, observations, analyses, and other information shall be either recorded on the worksheet or attached to it.

(b) The CO/IH shall provide as much detailed information as practical to establish the specific characteristics of each violation as follows:

1 Describe the observed hazardous conditions or practices (i.e., the facts which constitute a hazardous condition, operation or practice and the essential facts as to how and/or why a standard is allegedly violated). Specifically identify the hazards to which employees have been or could be exposed. Describe the type of accident which the violated standard was designed to prevent in this situation, or note the name and exposure level of any contaminant or harmful physical agent to which employees are, have been or could be exposed. If more than one type of accident or exposure could reasonably be predicted to occur, describe the one which would result in the most serious injury illness. Include:

a All factors about the violative condition which could significantly affect the nature and severity of the resulting injuries (e.g., fall of 20 feet onto protruding rebar; fall into water-filled excavation).

b Other factors which could affect the probability that an injury would occur, such as:

o Proximity of the workers to the point of danger of the operation.

o Stress producing characteristics of the operation (e.g., speed, heat, repetitiveness, noise, position of employee).

c For contaminants and physical agents, any additional facts which clarify the nature of employee exposure.

 d The identification of the equipment and process which pose the hazards (i.e., serial numbers, equipment types, trade names, manufacturers, etc.). Include a sketch when appropriate.

 e The specific location of the violation:

o Building No. 3, second floor, column no. 6.

o Machine Shop, N.W. corner, Department 12.

o Foundry, N.W. corner, shakeout area.

f State the nature of the more serious types of injury or illness which it is reasonably predictable and could result from the accident or health exposure.

o Thus, the entry for the "fall from 20 feet onto protruding rebar" might read "death from multiple injuries." For exposure to asbestos, the entry might read "asbestosis, cancer and death."

o Broad categories of injuries and health effects (such as "electric shock," "burns," or "lacerations") shall be qualified to indicate whether the injuries or health effects are major or minor.

o In identifying the illnesses which a standard regulating exposure to an air contaminant or harmful physical agent is designed to prevent in a particular worksite, it may be necessary to consider not only the level of exposure but also the frequency and duration of exposure to the contaminant or agent.

g Any specific measurements taken during the inspection (e.g., 20 ft. distance from top of scaffold platform to ground level; employee standing 2 ft. from unguarded floor edge; employee seated 2 ft. from source of metal fumes) which will further document the nature of the hazardous conditions and operations.

o Describe how measurements were taken during the inspection.

o Identify the measuring techniques and equipment used and those who were present (i.e., employee or employer representative who observed the measurements being taken).

o Include calibration dates and description of calibration procedures used, if appropriate.

h Exposure facts so as to present a picture of employee exposure to the hazard for each particular occupation, including:

o The occupation and the employer of the exposed employees if the employer is different from the one on the corresponding OSHA-1.

o The number of exposed employees in that occupation.

o The length of time that the alleged violation has existed.

o The duration and frequency that the employees are exposed (e.g., 2 hrs./wk.).

o The name, address (with zip code) and telephone number of at least one exposed employee in each occupation. If necessary, signed and dated witness statements shall be obtained and attached to the worksheet.

EXAMPLE: A radial arm saw has been on a construction site for 3 months and has never been guarded during that time. All of the employer's 14 carpenters on the job use the saw. One of the carpenters is John Doe. Total use of the saw on a daily basis is approximately 4 hours.

i Any facts which establish that the employer knew of the hazardous condition or could have known of that condition with the exercise of reasonable diligence. Enter any facts which will show that:

o The employer actually knew of the hazardous condition which constitutes the violation. In this regard, a supervisor represents the employer and supervisory knowledge amounts to employer knowledge.

o The employer could have known of the hazardous condition if all reasonable steps had been taken to identify hazards to which employees may have been exposed.

NOTE: If the CO/IH has reason to believe that the violation may be a willful violation, facts shall be included to show that the employer knew that the condition existed and, in addition, knew that, by law, he had to do something to abate the hazard (e.g., the employer was previously cited for the same condition; an CO/IH has already told the employer about the requirement; knowledge of the requirement was brought to the employer's attention by an employee safety committee, etc.). Also, include facts showing that, even if he was not consciously violating the Act, the employer was aware that the violative condition existed and made no reasonable effort to eliminate it.

j Any pertinent employer or employee remarks made during the walk around and/or the closing conference, especially comments directly related to the instance described.

o Include employer comments which may be characterized as admission of the specific violations described.

o Include any other facts which may assist in evaluating the situation or in reconstructing the total picture in preparation for testimony in possible legal actions.

o Include any additional comments (by the CO/IH), particularly any explanation of abatement of dates when necessary (e.g., when longer than 3 days for a serious violation or when an abatement period exceeding 30 days is recommended for an item).

2 If employee exposure (either to safety or health hazards) is not observed, state facts on which the determination is made that an employee has been or could be exposed. In appropriate cases, state what the employer could have or should have done to be in compliance. When violations are grouped, describe the reason for grouping. If a specific type of hazard exposure is caused by the combination of violations, describe it in sufficient detail.

3 If the exposing employer neither created nor controlled the violative condition, state the name and relationship of the responsible party (e.g., prime contractor, electrical subcontractor, building owner or equipment lessor). Describe any steps taken by the exposing employer to have the condition corrected.

b. Health Inspections. There are special documentation requirements for health inspections. During such inspections, the CO/IH shall:

(1) Record all relevant information concerning potential exposure to chemical substances or physical hazards such as symptomatology, duration and frequency of the hazard, pertinent employee comments, sources of potential health hazards, locations of employees pertinent to the inspection, types of engineering controls, use of personal protective devices including respirators, ear and eye protection, clothing, etc.; and collect Material Safety Data Sheets where available and appropriate.

(2) Observe employee activities through the establishment, concentrating particularly on potentially hazardous areas, and

(a) Estimate number of employees at each operation to be evaluated, indicating whether they are engaged in stationary or transient activities.

(b) Interview employees.

(c) Record the duration and frequency of cyclic work processes, describing potential exposures during each phase of the cycle.

(3) Request and evaluate information on the following aspects of the employer's occupational safety and health program (to be discussed in detail at the closing conference):

(a) Monitoring. The employer's program for monitoring safety and health hazards in the establishment should include a program for self-inspection. The CO/IH shall discuss the employer's maintenance schedules and inspection records. Additional information shall be obtained concerning such employer activities as sampling and calibration procedures, ventilation measurements, preventive maintenance programs for engineering controls, laboratory services, use of industrial hygienists and accredited laboratories. Compliance with the monitoring requirement of any applicable standard shall be determined.

(b) Medical. The CO/IH shall determine whether the employer provides the employees with preplacement and periodic medical examinations. The medical examination protocol shall be requested to determine the extent of the medical examinations and, if applicable, compliance with the medical surveillance requirements of any applicable standard.

(c) Recordkeeping. The CO/IH shall determine the extent of the employer's recordkeeping program. This is not to be limited to MOSH required records, but shall be extended to information pertinent to the inspection such as:

1 If records pertaining to employee exposure and medical records are being preserved in accordance with 29 CFR 1910.1020, and

2 Where a specific standard has provisions for employee access to the records, whether the results of environmental measurements and medical examinations are accessible to the affected employees.

(d) Compliance. The employer's compliance program may include engineering, work practice and administrative controls and the use of personal protective equipment. The CO/IH shall identify as follows:

1 Engineering Controls. Pertinent engineering controls consist of substitution, isolation, ventilation and equipment modification.

2 Work Practice and Administrative Controls. These control techniques include personal hygiene, housekeeping practices and rotation of employees.

a There should be a program of employee training and education to utilize work practice controls effectively. Where pertinent, the CO/IH shall obtain a detailed description of such controls.

b The CO/IH shall evaluate the overall effect of such practices and programs, considering the employees' knowledge of their exposures.

c Rotation of employees as an administrative control requires employer knowledge of the extent and duration of exposure.

3 Personal Protective Equipment. An effective personal protective equipment program should exist in the plant. A detailed evaluation of the program shall be made to determine compliance with the specific standards which require the use of protective equipment (e.g., 29 CFR 1910.95, 1910.132-138, etc.).

(e) Regulated Areas. The CO/IH shall investigate compliance with the requirements for regulated areas as specified by certain standards.

1 Regulated areas must be clearly identified and known to all appropriate employees.

2 The regulated area designations must be maintained according to the prescribed criteria of the applicable standard.

(f) Emergency Procedures. The CO/IH shall evaluate the employer's emergency program.

1 When standards provide that specific emergency procedures be developed where certain hazardous substances are handled, the evaluation shall determine if:

a Potential emergency conditions are included in the written plan.

b Emergency conditions have been explained to employees.

c There is a training scheme for the protection of affected employees including use and maintenance of personal protective equipment.

2 Where hazardous substances are handled for which there are not standards requiring emergency procedures, the CO/IH shall, nevertheless, determine if such procedures have been established.

(4) Collecting Samples. The CO/IH shall determine as soon as possible after the start of the inspection whether sampling is required by utilizing the information collected during the walk around and from the preinspection review.

(a) If sampling is necessary, a sampling strategy shall be developed by considering potential chemical and physical hazards, number of samples to be taken, and the operations and locations to be sampled.

1 There shall be no undue delay between development of the sampling strategy and the actual sampling or between the receipt of the results of spot or screen sampling and full-shift sampling, when the results indicate its necessity.

2 If a delay of more than 5 working days is unavoidable, the reasons for the delay shall be included in the case file and the employee representative shall be notified of the delay and of any appointment made with the employer to begin on-site sampling.

(b) When work schedules other than the usual 8-hour day are encountered, such as four 10-hour days per week, the following procedures shall be used when the standard itself does not cover such exposures:

1 Sampling for 8-hour exposure levels shall be performed as usual; separate sampling shall be conducted to determine any additional exposure beyond the 8 hours.

2 The results from the 8-hour sampling shall be compared to the Permissible Exposure Level (PEL) to determine whether or not an overexposure exists.

3 If it appears that the 8-hour exposure limits do not provide adequate protection from health hazards when longer workday schedules are used, the CO/IH shall contact a MOSH supervisory industrial hygienist for additional instructions on further sampling that may be indicated as well as for guidance on evaluation of sampling data.

4 No citation shall be issued for exposures over 8 hours when the 8-hour exposure level is below the PEL, without explicit approval of the Assistant Commissioner/Authorized Representative.

(c) If either the employer or the employee representative requests sampling results, a written request shall be submitted in accordance with the Maryland Public Information Act.

c. Taking Photographs and/or Videotapes. Live action video recording and photographs provide pictorial documentation of violations and, in general, shall be taken where conditions will permit. Developed photographs and tapes shall be properly labeled and the location of such documented if not placed in the case file.

(1) In all cases the CO/IH shall ensure that using flash or spark-producing equipment will not be hazardous.

(2) The CO/IH shall ensure that employees are not unexpectedly startled by the use of flash equipment.

(3) Any individual whose words may be recorded shall be advised of the fact that videotape recordings also may capture sound.

d. Employee Interviews. A free and open exchange of information between the CO/IH and employees is essential to an effective inspection. Interviews provide an opportunity for employees or other individuals to point out hazardous conditions and, in general, to provide assistance as to what violations of the Act may exist and what abatement action should be taken.

(1) Purpose. Section 5-208(a) of the Act authorizes the CO/IH to question any employee privately during regular working hours in the course of a MOSH inspection. The purpose of such interviews is to obtain whatever information the CO/IH deems necessary or useful in carrying out the inspection effectively. Such interviews, however, shall be conducted within reasonable limits and in a reasonable manner and shall be kept as brief as possible. Individual interviews are necessary even when there is an employee representative.

(2) Employee Right of Complaint. Even when employees are represented on the walk around, the CO/IH may consult with any employee who desires to discuss a possible violation, if the discussion will not interfere with the conduct of the inspection. Upon receipt of such information, the CO/IH shall inspect, where possible, for the alleged violation and record the findings.

(a) Section 5-208(c) affords any employee an opportunity to bring any condition believed to violate a standard or Section 5-104(a) of the Act to the attention of the CO/IH during an inspection.

(b) If during an inspection, the CO/IH receives a complaint signed by an employee or representative of employees that meets the requirements of Section 5-208(c) of the Act, the CO/IH normally will inspect for the violation alleged, during that inspection. If the CO/IH has any doubt as to whether an inspection should be conducted, the CO/IH shall contact the MOSH Supervisor.

(c) Any such written complaint received during an inspection alleging that a violation of the Act exists in the workplace or indicating a possible danger to the safety or health of employees shall be included in the case file along with documentation indicating the findings and results of the investigation of the complaint.

(d) Before conducting the inspection concerning the particular hazard, a copy of the complaint shall be given to the employer. Upon request of the complainant, the name of the complainant and the names of individual employees referred to in the complaint shall not be shown to the employer or otherwise published, released or made available as indicated in the complaint.

(e) An employee may bring a hazard to the attention of the CO/IH in a manner not meeting the formal requirements referred to above. Such a complaint may be oral, unsigned, or may not set forth the violation with sufficient particularity. In such circumstances, the CO/IH should encourage the employee to make a formal complaint and advise the employee of the rights afforded to formal complainants as well as the protection afforded employees against discrimination under Section 5-604 of the Act. Even if no formal complaint is made, the CO/IH should normally inspect for the hazardous condition alleged.

(f) If, on the basis of the CO/IH’s evaluation of any complaint received during an inspection, whether formal or non-formal, it appears that an imminent danger situation may be involved, the CO/IH immediately shall inspect. (See Chapter VII, Imminent Danger.)

(g) In certain instances, the employer and/or the employee walk around representative may not be able to provide all the necessary information regarding an accident or possible violation. The CO/IH shall consult with employees while conducting the walk around inspection and, if necessary or useful, shall schedule interviews with employees who may have knowledge of pertinent facts.

(3) Time and Location. Interviews normally will be conducted during the walk around; however, they may be conducted at any time during an inspection.

(a) Workplace. If requested by the employee and considered necessary by the CO/IH, additional consultation shall be scheduled at a time convenient to all parties concerned, with preference given to employee breaks or off time. In retail or service establishments, or in continuous production operations (e.g., assembly line), interviews shall be scheduled to afford minimum interference with the employee's duties and the employer's business operations. For example:

1 The interview shall not be scheduled during peak periods when the employee must be "on-the-job" to perform assembly line work, make sales, or serve customers. An employee shall not be interviewed on the selling floor or in any area used by the public during business hours.

2 If an employee requests consultation at a time that would hinder production, work cycles or the employer's operation, the CO/IH shall consult with the employee during break, mealtime, or other appropriate time. If these instructions cannot be met, the interview shall be held away from the establishment and documented accordingly.

(b) Other Than Workplace. Interviews may be held at the employee's home, the MOSH regional or central office, or at any other suitable place in the community where privacy can be maintained.

(4) Privacy. At the time of the interview, employees shall be asked if they desire the interview to be in private. Whenever an employee expresses a preference that an interview be held in private, the CO/IH shall make a reasonable effort to honor that request. Even in the absence of such a request, every reasonable effort shall be made to conduct interviews with employees in private. Any employer objection to private interviews with employees shall be construed as a refusal of entry and handled accordingly.

NOTE: "In private" refers to the exclusion of the employer representative, not the employee representative, unless the employee expresses a desire to be interviewed out of hearing of both the employer and the employee representatives.

(5) Interview Statements. Interview statements shall be obtained whenever the CO/IH determines that such statements are necessary to document adequately an apparent violation.

(a) Interviews shall normally be reduced to writing, and the individual shall be encouraged to sign the statement. Interviews should be preplanned by the CO/IH. Questions shall be arranged prior to the interview, which answer pertinent issues for which the pending statement is to be obtained. The questions should be reduced to writing by the CO/IH and placed on the interview statement form. The interviewed employee should then be asked to respond to those questions in writing. Following are some examples of situations where written statements are essential:

1 When the CO/IH does not observe employee exposure to the hazard.

2 When there is an actual or potential controversy between the employer and employee as to a material fact concerning a violation about which the employee has information.

3 When there is a conflict or difference among employee statements as to the facts.

4 When there is a potential willful or repeated violation.

5 In accident investigations, when attempting to determine if apparent violation(s) existed at the time of the accident.

(b) Interview statements shall normally be written in the first person and in the language of the individual, if possible, by the individual. The wording of the statement shall be understandable to the individual and reflect only what has been brought out in the interview.

1 Any changes or corrections shall be initialed by the individual; otherwise, the statement shall not be changed, added to or altered in any way.

2 The statements shall end with wording such as: "I have read the above, and it is true to the best of my knowledge." The statement shall also include the following: "I request that my statement be held confidential to the extent allowed by law." The individual, however, may waive confidentiality. The individual shall sign and date the statement and the CO/IH shall then sign it as a witness.

3 If the individual refuses to sign the statement, the CO/IH shall note such refusal on the statement. The statement shall, nevertheless, be read to the employee and an attempt made to obtain agreement. A note that this was done shall be entered into the case file.

(c) If the employee interview has been tape recorded, the conversation shall be transcribed.

e. Special Circumstances.

(1) Trade Secrets. Trade secrets are matters that are not of public or general knowledge. A trade secret is any confidential formula, pattern, process, equipment, list, blueprint, device or compilation of information used in the employer's business which gives an advantage over competitors who do not know or use it.

(a) Policy. It is essential to the effective enforcement of the Act that the CO/IH and all MOSH personnel preserve the confidentiality of all information and investigations that may reveal a trade secret.

(b) Restrictions and Controls. When the employer identifies an operation, process or condition as a trade secret, it shall be treated as such. Information obtained in such areas, including all negatives, photographs, videotapes, and MOSH documentation forms shall be labeled "CONFIDENTIAL--TRADE SECRET".

1 Under Section 5-217 of the Act, all information reported to or obtained by a CO/IH in connection with any inspection or other activity which contains or which might reveal a trade secret shall be kept confidential. Such information shall not be disclosed except to other MOSH officials concerned with the enforcement of the Act or, when relevant, in any proceeding under the Act. A memorandum shall be included in the case file indicating the portion(s) of the case file that must remain confidential. The case file jacket will be appropriately marked to indicate confidential information is contained in the file. When the case processing is completed the confidential information outlined by the CO/IH will be removed and placed in the MOSH trade secret file. Trade secret and confidential information will not be released under the MPIA. Only operations, processes, or conditions can be granted this protection. An entire case file will not be considered restricted for purposes of this section.

2 Photographs and Videotapes. If the employer objects to the taking of photographs and/or videotapes because trade secrets would or may be disclosed, the CO/IH should advise the employer of the protection against such disclosure afforded by Section 5-217 of the Act. If the employer still objects, the CO/IH shall contact the MOSH Supervisor.

(2) Areas Requiring Immunization. If, during an inspection, a nonimmunized CO/IH encounters an area requiring immunization, the CO/IH shall not enter that area but shall note a description of the area, immunization required, employees exposed, location and other pertinent information in the case file.

(a) Nonimmunized CO/IH. The CO/IH shall consult with the MOSH Supervisor about scheduling a properly immunized CO/IH for an immediate or later inspection, as applicable. The CO/IH shall then complete the inspection of all other areas of the establishment.

(b) Nonimmunized Walk around Representative. If, during an inspection, a properly immunized CO/IH finds that walk around representatives of employers and employees are not properly immunized and, therefore, not authorized in the area, a reasonable number of employees and the supervisor of that area shall be consulted concerning workplace health and safety.

(3) Violations of Other Laws. If a CO/IH observes apparent violations of laws enforced by other government agencies, such cases shall be referred to the appropriate agency. Referrals shall be made using appropriate procedures.

Continued

 
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