Responsibilities and Rights of employers and employees

Inspection Guidelines:

What should managers do when OSHA inspectors unexpectedly show up? Suggestions

Initial contact>>>

1) Refer the inspector to your OSHA coordinator.
2) Check the inspector’s credentials.
3) Ask the inspector why he or she is inspecting you workplace: Complaint? Regular scheduled visit? Fatality or accidents follow up? Imminent danger?
4) If the inspection stems for a complaint you are entitled to know whether the person is a current employees though not the person’s name.
5) Notify your counsel who should review all requests for documents and information as well as documents and information you provide.

Opening conference>>>

1) Establish the focus and scope of the planned inspection
2) Discuss the procedures for protecting tare secret areas.
3) Show the inspector you have safety programs in pace. He or she may not go to the work floor it paperwork is complete and up to date.

Walk around inspection>>>

1) Accompany the inspector
2) If the inspector takes a photo or video you should too
3) Ask for duplicates of all physical samples and copies of all tests results.
4) Be helpful and cooperative but don’t volunteer information.
5) To the extent possible immediately correct any violations the inspector identifies.

Both employers and employees have responsibilities and rights under the Occupational Safety health act. Employers are responsible for providing a workplace free from recognized hazards for being familiar with mandatory OSHA standards ,and for examining workplace conditions to make sure they conform to OSHA standards .Employers have the right to seek a advice and off site consultation from OSHA , request and receive proper identification of the OSHA compliance officer before inspection ,and to be advised by the compliance officer of the reason for an inspections.

Employers also have rights ad responsibilities but OSHA can’t cite them for violations of their responsibilities .Employees are responsible for example, for complying with all applicable OSHA standards for following all employer safety and health rules and regulations and for reporting hazardous conditions to the supervisor. Employees have a right to demand safety and health on the job without fear of punishment. The act prohibits employers from punishing or discriminating against workers who complain to OSHA about job safety and health hazards.

Dealing with employees Resistance

While employees have a responsibility to comply with OSHA standards they often resist the employer usually remains liable for any penalties .The refusal of some workers to wear hard hats as mandated by the OSHA requirements typifies this problem.

Employers have attempted to defend themselves against penalties for such non-compliance by citing workers intransigence and their own fear of wild cat strikes and walkouts In most cases, courts have still held employers liable for workplace safety violations, regardless of the fact that employees resistance caused the violations.

Yet another can reduce their liability since courts have recognized that it is impossible to totally eliminate all hazardous conduct by employees. In the event of a problem the courts may take into considerations facts such as whether the employer’s safety procedures were adequate whether the training really gave employees the understanding, knowledge and skills required to perform their duties safety; and whether the employer really required employees to follow the procedures.

There are several; other ways to reduce liability. The employer can bargain with its union for right to discharge or discipline any employee who disobeys an OSHA standard. A formal employer arbitration process could provide a relatively quick method for resolving an OSHA related dispute. Other employers turn to positive reinforcement and training for gaining employee compliance more o this shortly. The independent three member Occupational Safety and health Review commission that reviews OSHA decisions says employers must take a diligent effort to discourage by discipline if necessary , violation of safety rules employees However the only sure fire want to eliminate liability is to ensure that no safety violations occur.