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Regulatory

UNDERSTANDING OSHA

& THE INSPECTION PROCESS, PART II

When the OSHA inspector is assigned to conduct an inspection at your resort

BY JOHN T. BARNARD

YOUR RESORT SHOULD BE prepared every single day for an CSHOs will also conduct an establishment search by
unannounced OSHA inspection. As you well know, skiing accessing the OHSA online database, which contains infor-
and snowboarding are inherently risky sports, and accidents mation on any establishment for which an OSHA inspection
can happen at any time. And whether or not your resort is has previously taken place. This database is also accessible
ready, OSHA certainly will be. A complaint, referral, or seri- to the public (www.osha.gov, Data Tab, Inspection Search
ous incident can easily focus their attention on your resort, by Establishment). They will use name variations in the
and its policies and operations. establishment search to maximize their efforts due to pos-
Part I of this series on OSHA inspections provided an sible company name changes and status (e.g., LLC, Inc.).
overview of the different types of inspections a ski area may This data can be used to also check out the OSHA inspec-
undergo, the primary components of an OSHA inspection, tion history of all employers your resort hires or contracts
and the people and agencies that are generally required to par- work to, making it easy to identify and assess the employer’s
ticipate in the inspection (winter 2017). In this installment we safety history.
will take a closer look at what to expect from the inspection. Compliance officers rarely give advance notice of their
visit. They are required to follow Section 17(f) of the OSH Act,
BACKGROUND which contains a general prohibition against giving advance
As discussed in the previous article, the US Congress passed notice of inspections, except as authorized by the OSHA sec-
the Occupational Safety and Health Act (OSH) Act in retary or the secretary’s designee. The Act regulates many con-
1970 in response to widespread public concern about rising ditions that are subject to speedy alteration and disguise by
injury and death rates in the workplace. Soon afterward, the employers. To forestall such changes in worksite conditions, the
Occupational Safety and Health Administration (OSHA) Act prohibits unauthorized advance notice.
was created under the US Department of Labor. There may be occasions when advance notice is nec-
The main goal of OSHA is to assure safe and healthy essary to conduct an effective investigation. These occa-
working conditions for all by setting and enforcing stan- sions are narrow exceptions to the statutory prohibition
dards, and by providing training, outreach, education, and against advance notice. Advance notice of inspections
assistance. Twenty-four states fall under federal OSHA juris- may be given only with the authorization of the OSHA
diction and the other 26 states operate with plans under state region’s area director or designee, and only in the follow-
jurisdiction. It is important to know if your area is operat- ing situations:
ing under federal or state jurisdiction and in which of the 10 • In cases of apparent imminent danger to enable the
regions you operate. If a company has employees, most likely employer to correct the danger as quickly as possible.
it falls under OSHA jurisdiction. • When the inspection can most effectively be con-
ducted after regular business hours or when special
THE OSHA COMPLIANCE OFFICER preparations are necessary.
Before conducting an inspection, OSHA compliance • To ensure the presence of employer and employee
safety and health officers, or CSHOs, will carefully review representatives or other appropriate personnel who
data available at their area office for information relevant are needed to aid in the inspection, or when giving
to the resort scheduled for inspection. This may include advance notice would enhance the probability of an
inspection files and source reference material relevant to effective and thorough inspection (e.g., in complex
the industry. fatality investigations).

14 | NSAA JOURNAL | SPRING 2017