Catamount Consulting

MSHA, OSHA, and Work Zone Safety Training and Management

Mine Safety Supervisors and Trainers

How to plan for and manage an OSHA inspection

How to Prepare for an OSHA Inspection

An OSHA inspection can happen at any time. You won’t receive an advance warning and OSHA has been increasing the number of inspections they are performing, so it’s crucial to always be ready.

Catamount Consulting is a national safety and training consulting firm with an essential focus on safety. We want to help you plan, prepare, and complete a successful OSHA inspection.

OSHA violations do not always equate to poor site environments

OSHA violations are costly, with an average of $1,000.00 per violation and can reach a maximum of $134,937.00 per violation. Most sites will experience 1.5 violations per inspection. In the last two years, and with the introduction of COVID-19, non-compliance events have increased to 3 violations on average per inspection.

Few companies are trained or have a training plan for how to manage an OSHA inspection. It would help if you were prepared as the odds of inspection have doubled in 2020.

OSHA inspections are initiated from these familiar three sources:

  • Employee complaints
  • Your company is on the “C” Construction DOL target list
  • Random pass by an inspector who sees a blatant violation

Planning ahead for an OSHA inspection

Planning for the inspection before it happens can help you through the inspection and lessen the exposure. Being prepared creates a controlled and calm environment for you to interact with the inspector and work through the inspection with confidence.

Be prepared for the inspection

OSHA compliance assistance resources

A relaxed, controlled, and welcoming response to the inspector creates an environment for you to manage the situation.

  • Share your materials. Provide all necessary documents, including audits and the site safety plan to the inspector. Be prepared with some questions of your own.
  • Be ready to accompany the inspector. Assign an experienced employee to accompany an OSHA inspector. They are your ‘talker.’ Send along another person to take notes, pictures, and be your second set of ears. Never accompany an OSHA inspector by yourself.
  • Do not withhold any information or materials. You have the best chance of mitigating the damages and getting any allowable reductions while the inspector is on-site. Cooperate and answer any questions.
  • Practice an OSHA inspection. Check your materials and perform regular audits. Are they current? Do they reference employees that are no longer there? Updating these materials will save you an awkward discussion when the inspector is on-site. Practice going through an OSHA inspection as if the inspector were there. This simulation will prepare for success during an actual inspection.

What is a focused inspection?

In most cases, the inspection is performed as a walk around. The inspector and your team walk through the site performing the inspection, as described in the complaint. Ask the OSHA inspector for a focused inspection. A focused inspection targets the areas involved and limits the access and materials needed.

Learn more about OSHA inspections.

You can view our 30-minute webinar “Site Inspections – What is Changing and How to Prepare” presented by Scott McKenna, President of Catamount Consulting of New York, and Richard Wobby, Executive Vice President of AGC VT. Access the recording here.

OSHA inspections do not have to be intimidating or stressful. We hope we alleviated some stress. Visit our services page to learn more about on-site and office training in all facets of MSHA, OSHA, and firearms safety.

Further Clarification on NYS “Pause” Executive Order

In response to questions from AGC NYS and the industry, Empire State Development (ESDC) has this morning advised AGC NYS that the designation of construction as essential applies to “all construction.“

Furthermore, as ESDC is being deluged by requests and questions from businesses relative to the Governor’s Executive Order, they request that, in light of this clarification, firms engaged in construction refrain from asking for a “specific designation” as they work to handle an overwhelming volume of calls and e-mails.

The New York State Thruway Authority (‘the Authority’) has received multiple requests from the construction industry seeking confirmation that contractors, consultants, services and material suppliers are considered exempt from reduction in workforce requirements as a result of COVID-19. Pursuant to Governor Andrew M. Cuomo’s Executive Order 202, essential businesses and services not subject to the in-person restrictions include: (a) transportation infrastructure including vendors that provide essential services needed to ensure the continuing operation of government; and (b) construction. The Governor’s subsequent Executive Order 202. 6, and relevant guidance, further clarified that essential businesses or entities includes skilled trades such as electricians, plumbers and other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes.

 

Based on such, as of the date of this memorandum, ongoing construction and design-build projects shall continue to progress. Contractors shall implement the necessary social distancing and cleaning protocols to the fullest extent possible.

 

Read the full memo here.

COVID-19 Updates and Resources

No company and no industry is immune from the COVID-19 outbreak. The response to this evolving situation morphs on a daily or even hourly basis. Trying to keep on top of it or ahead of the situation has become complicated. We know it is causing a lot of stress but firmly believe that we can navigate these challenging times together.

 

Following is a list of items that should be looked at as you move forward:

  • Assess the specific risks for each site, job, and worker.
  • Identify general measures to prevent the spread of disease at work
  • Identify job-specific modifications and responsibilities.
  • Establish response protocols in case infection reaches your site.
  • Plan for business continuity in severe conditions. Attached is Business Planning guide based on FEMA guidelines. Business Plan- COVID-19 Specific.
  • Know the state, federal and local implementations on what is going on.  OSHA has provided guidance on recordkeeping requirements regarding the virus, MSHA has agreed to extent training deadlines by 30 days, Federal extension of FMLA and Paid Sick Leave

 

We have found several sites to be very helpful with updates during all this in several sectors:

COVID-19 “Pause” Executive Order

Update provided by AGC NYS

Governor Cuomo has issued guidance on essential services and businesses under his New York State on PAUSE Executive Order, which requires non-essential businesses to close in-office functions effective 8pm Sunday.

The Governor’s order declares construction as essential and updated guidance posted by Empire State Development further states that essential businesses or entities, including any for profit or non-profit, regardless of the nature of the service, the function they perform, or its corporate or entity structure, are not subject to the in-person restriction.

Guidance on essential services states:

Construction, Including:

* skilled trades such as electricians, plumbers

* other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes

The language in the original guidance has generated a great deal of questions and uncertainty from the industry and membership. The AGC NYS sought to have the guidance for the Executive Order clarified to definitively answer these questions. They advised that individual agencies are providing guidance and direction to contractors on how to proceed.

NYSDOT issued a document stating that, the Executive Order provides that essential businesses and services not subject to the in- person restrictions include transportation infrastructure including vendors that provide essential services needed to ensure the continuing operation of government. The Department is continuing implementation of its capital program as an essential government function and will continue to let and construct projects. The companies awarded such contracts including subcontractors, suppliers, vendors and specialty firms are all exempt for work to support the capital program.

The MTA has subsequently issued similar guidance, as well as the Thruway Authority.

We have requested that other construction agencies provide guidance to contractors in similar fashion.

We are advised and hearing from members that the MTA, State University Construction Fund, Thruway Authority, DASNY and other public agencies are directing contractors to proceed with work.

At this time, we are continuing to seek additional clarification about how Governor’s Executive Order applies to local government and private construction as well, but believe in the absence of delineation or limitation of construction in the issued ESD Guidance, that a reasonable reading of the Executive Order gives a contractor or construction-related firm a basis to affirm that they are exempt from the in-person restrictions. There are conflicting reports about particular private projects being told to proceed, while others are apparently being directed to stop work.

We also advise that contractors on such projects should communicate closely with their owners on these matters, as there is continuing confusion and conflicting information on these matters.

We understand that in some project-specific instances, ESD Regional Directors have been able to provide clarity by deeming individual projects essential. You can find the list of ESD Regional Directors at this link.

In all cases, contractors and related firms should be following all relevant public health guidelines and reducing density wherever possible to take all precautions against the spread and transmission of COVID-19. Additional information and resources can be found on our AGC NYS COVID-19 Resources Page, which is being updated regularly.

We will continue to communicate to the membership if/when additional details or clarification becomes available.

 

For Immediate Release:3/20/2020

GOVERNOR ANDREW M. CUOMO

GOVERNOR CUOMO ISSUES GUIDANCE ON ESSENTIAL SERVICES UNDER THE ‘NEW YORK STATE ON PAUSE’ EXECUTIVE ORDER

Earlier today, Governor Andrew M. Cuomo announced he is signing the “New York State on PAUSE” executive order, a 10-point policy to assure uniform safety for everyone. It includes a new directive that all non-essential businesses statewide must close in-office personnel functions effective at 8PM on Sunday, March 22. Guidance on essential services under the executive order is as follows:

ESSENTIAL BUSINESSES OR ENTITIES, including any for profit or non-profit, regardless of the nature of the service, the function they perform, or its corporate or entity structure, are not subject to the in-person restriction.

(Essential Businesses must continue to comply with the guidance and directives for maintaining a clean and safe work environment issued by the Department of Health).

This guidance is issued by the New York State Department of Economic Development d/b/a Empire State Development and applies to each business location individually and is intended to assist businesses in determining whether they are an essential business and steps to request such designation. With respect to business or entities that operate or provide both essential and non-essential services, supplies or support, only those lines and/or business operations that are necessary to support the essential services, supplies, or support are exempt from the restrictions.

For purposes of Executive Order 202.6, “Essential Business,” means:

1. Essential Health Care Operations, Including:

* research and laboratory services

* hospitals

* walk-in-care health facilities

* emergency veterinary and livestock services

* elder care

* medical wholesale and distribution

* home health care workers or aides for the elderly

* doctor and emergency dental

* nursing homes, or residential health care facilities or congregate care facilities

* medical supplies and equipment manufacturers and providers

2. Essential Infrastructure, Including:

* utilities including power generation, fuel supply and transmission

* public water and wastewater

* telecommunications and data centers

* airports/airlines

* transportation infrastructure such as bus, rail, or for-hire vehicles, garages

* hotels, and places of accommodation

3. Essential Manufacturing, Including:

* food processing, manufacturing agents, including all foods and beverages

* chemicals

* medical equipment/instruments

* pharmaceuticals

* sanitary products

* telecommunications

* microelectronics/semi-conductor

* agriculture/farms

* household paper products

4. Essential Retail, Including:

* grocery stores including all food and beverage stores

* pharmacies

* convenience stores

* farmer’s markets

* gas stations

* restaurants/bars (but only for take-out/delivery)

* hardware and building material stores

5. Essential Services, Including:

* trash and recycling collection, processing and disposal

* mail and shipping services

* laundromats

* building cleaning and maintenance

* child care services

* auto repair

* warehouse/distribution and fulfillment

* funeral homes, crematoriums and cemeteries

* storage for essential businesses

* animal shelters

6. News Media

7. Financial Institutions, Including:

* banks

* insurance

* payroll

* accounting

* services related to financial markets

8. Providers of Basic Necessities to Economically Disadvantaged Populations, Including:

* homeless shelters and congregate care facilities

* food banks

* human services providers whose function includes the direct care of patients in state-licensed or funded voluntary programs; the care, protection, custody and oversight of individuals both in the community and in state-licensed residential facilities; those operating community shelters and other critical human services agencies providing direct care or support

9. Construction, Including:

* skilled trades such as electricians, plumbers

* other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes

10. Defense

* defense and national security-related operations supporting the U.S. Government or a contractor to the US government

11. Essential Services Necessary to Maintain the Safety, Sanitation and Essential Operations of Residences or Other Essential Businesses, Including:

* law enforcement

* fire prevention and response

* building code enforcement

* security

* emergency management and response

* building cleaners or janitors

* general maintenance whether employed by the entity directly or a vendor

* automotive repair

* disinfection

12. Vendors that Provide Essential Services or Products, Including Logistics and Technology Support, Child Care and Services:

* logistics

* technology support for online services

* child care programs and services

* government owned or leased buildings

* essential government services

If the function of your business is not listed above, but you believe that it is essential or it is an entity providing essential services or functions, you may request designation as an essential business.

Houses of worship are not ordered closed however it is strongly recommended no congregate services be held and social distance maintained.

Businesses and entities that provide other essential services must implement rules that help facilitate social distancing of at least six feet.

Requests by businesses to be designated an essential function as described above, should only be made if they are NOT covered by the guidance.

To request designation as an essential business, please click here.

Restrictions on requesting designation as an essential business:

Any business that only has a single occupant/employee (i.e. gas station) has been deemed exempt and need not submit a request to be designated as an essential business.

Businesses ordered to close on Monday, March 15, 2020 under the restrictions on any gathering with 50 or more participants, including but not limited to, bars, restaurants, gyms, movie theaters, casinos, auditoriums, concerts, conferences, worship services, sporting events, and physical fitness centers, are presumed to be compliant with NYS issued restrictions and must remain closed and are not eligible for designation as an essential business for purposes of this guidance.

For Guidance on cleaning and disinfection of facilities, refer to the New York State Department of Health Interim Guidance for Cleaning and Disinfection of Public and Private Facilities for COVID -19 at:

http://www.health.ny.gov/diseases/communicable/coronavirus/docs/cleaning_guidance _general_building.pdf.

For further information: New York State Department of Health’s COVID-19 Webpage https://coronavirus.health.ny.gov/home

Center for Disease Control and Prevention Webpage:

https://www.cdc.gov/coronavirus/2019-ncov/

Local health department contact information can be found at:https://www.health.ny.gov/contact/contact_information/index.htm

Responding to Coronavirus (COVID-19)

Catamount Consulting is continuing to monitor the current health issues and concerns resulting from the coronavirus (COVID-19). As we all know, the response to the COVID-19 outbreak is changing on a daily or even hourly basis. In light of the recent recommendations announced by the White House and the CDC to limit group gatherings to less than 10 people, Catamount Consulting has decided to offer a new virtual training program.

This program will be a series of live web conference trainings with a certified instructor; participants will be provided with training materials and visual aids during the training, and be able to interact with the trainer. We are working our hardest to create a training environment that closely resembles an in-person training.

 

We will be rolling out a host of topics to ensure everyone receives the certifications they need while jobs are on hold and groups are limited.

 

Some of the topics customers have shown interest in are:

  • MSHA Part 46 Annual Refresher Training
  • Globally Harmonized System (GHS) Hazcom
  • Silica
  • Reasonable Suspicion
  • Supervisor Training
  • Blood-borne Pathogens

 

We welcome any and all feedback on the subject and look forward to hearing from you. Initial virtual class announcements will be sent via email over the next few days. We will also list classes on our website and post them on our Facebook.

 

If there are certain topics or certifications that you would like to see covered, please let us know by responding to this email or by calling us at (518) 623-2352. We can accommodate groups of all sizes.

 

We at Catamount Consulting want to stress that the health and safety of our customers and their employees is our primary concern and that if you are not feeling well, please don’t go to work or go out among crowds.