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Regulatory

UNDERSTANDING OSHA

& THE INSPECTION PROCESS

BY JOHN T. BARNARD

FOR SOME AREAS, developing a safety culture with employees OSHA inspectors—called compliance safety and health
that may work at your resort only four or five months a sea- officers, compliance officers, or CSHOs—inspect workplaces for
son is a top priority, alongside snowfall and having enough adherence to regulations for safety and health in the work envi-
cash to make lift and infrastructure upgrades. Add to this ronment. If a company has employees, most likely OSHA will
the unknown regulatory changes that a new Trump admin- have jurisdiction. CSHOs usually live in the state they enforce,
istration will put into effect—and how they will impact they genuinely care about the safety and health of the people in
your operations—and you have a sure-fire recipe for sleep- their state and the employers that employ them, and they are
less nights. rarely welcomed, especially when they come unannounced.
Focusing in on employee safety and occupational health,
I am comfortable saying that OSHA may not expand as it WHAT TRIGGERS AN OSHA
did during the last administration. But, it is likely that the INSPECTION?
same general protocols and inspection process with employ- Issues that can trigger an OSHA inspection include:
ers will remain throughout the US. 1. Imminent danger situations with hazards that can
This is the first in a series of articles to provide an over- cause death or serious physical harm.
view of OSHA, the inspection process, and the reporting 2. Severe injuries, illnesses, and all work-related fatal-
requirements. You may not find this to be a particularly scin- ities. All work-related inpatient hospitalization,
tillating topic, or feel it is something that demands immedi- amputations, or losses of an eye.
ate focus, but if you’re on the leadership team at a ski area, 3. Allegations of hazards or violations by an employee,
it’s important for you and whoever else is directly responsi- anonymous or otherwise.
ble for OSHA compliance to understand how these issues are 4. Referrals of hazards from federal, state, or local
likely to affect your resort’s operations. agencies, individuals, organizations, or the media.
5. Targeted inspections aimed at specific high-hazard
OSHA PURPOSE & DESIGN industries or individual workplaces that have experi-
OSHA was created because of public outcry against rising enced high rates of injuries and illnesses.
injury and death rates on the job. The Occupational Safety and 6. Follow-up inspections checking for abatement of
Health Act (OSH Act) was passed by Congress in 1970, and violations cited during previous inspections.
the Occupational Safety and Health Administration (OSHA)
was created soon afterward under the US Department of TYPES OF INSPECTIONS
Labor. The main goal of OSHA is to assure safe and healthy There are several different types of inspections OSHA may
working conditions for all by setting and enforcing standards, conduct at your area depending on a variety of factors,
and by providing training, outreach, education, and assistance. including whether the inspection is scheduled or un-sched-
The OSH Act covers most private sector employers and uled; the result of a complaint or report of dangerous work-
their workers, in addition to some public sector employers ing conditions; part of a local, regional, or national program;
and workers in 50 states and other territories and jurisdic- and/or related to an industry-specific or equipment-specific
tions under federal authority. Twenty-four states fall under known hazard, among other reasons.
federal OSHA jurisdiction, and the other 26 states operate In some instances, if a CSHO observes unsafe work
with plans under state jurisdiction. It is important to know if practices that are imminent danger situations (such as fall
your area is operating under federal or state jurisdiction and protection, trenching, and excavation), the CSHO will stop,
in which of the 10 regions you operate. enter the site and begin the inspection process.

16 | NSAA JOURNAL | WINTER 2017