Issue link: http://palletcentral.uberflip.com/i/685770
palletcentral.com PalletCentral • May-June 2016 13 The scope of the hazard complaint inspection should (at least in theory) be limited to those areas or pieces of equipment that were reported to be out of compliance, and the employer can guide the inspector straight to those areas without giving a "tour" of the entire facility, which can avoid additional citations being issued. For example, if the hazard complaint concerns machine guarding, the employer could walk the inspector straight to the machines in question, and not take them into other areas where pallets are stacked, trucks are being loaded, or forklifts are operating. However, while a complaint inspection should be limited in scope, it could result in inspection of the entire plant if there are violations in "open view" or if employees mention other concerns during their private interviews with the inspector that trigger expanding the range of issues. The chances of being inspected as a result of a complaint go up if there are: 1) A written and signed complaint by a current employee or employee representative with enough detail to enable OSHA to determine that a violation or danger exists that threatens physical harm, or that an imminent danger exists; 2) An allegation that physical harm has occurred as a result of the hazard and that it still exists; 3) A report of an imminent danger; 4) Inadequate response from the employer who received information on the hazard through a phone/fax/email investigation; 5) A complaint about a company in an industry that is covered by an OSHA local or national emphasis program (which includes all pallet manufacturers); 6) A complaint against an employer with a history of egregious, willful, or failure-to-abate OSHA citations; 7) Referral from a whistleblower investigator; or 8) A complaint at the facility scheduled for, or already undergoing, an OSHA inspection. If a hazard inspection occurs, the OSHA compliance officer will talk with employees and management representatives, take photos and measurements, examine records, review engineering controls, and may even want to videotape the proceedings. If the complaint concerned health issues, such as wood dust exposures or noise levels, OSHA will likely send a health specialist who can conduct noise and dust monitoring, collect air samples and perform instrument readings. Complaint-based inspections are not conducted "first come, first served" and there may be a lag-time depending on whether OSHA's local office personnel are tied up with accident cases, imminent dangers or other higher-priority events. Generally, the complaints involving more severe hazards or larger number of exposed workers will take precedence. If temporary workers are present at the worksite, or child labor issues are raised, this could also trigger quicker action by the agency. A second issue to consider when OSHA shows up for a hazard complaint inspection is whistleblower protections. OSHA has been extremely active in prosecuting employers during the current Up to 30 percent of OSHA inspections in the pallet industr y may arise from employee hazard complaints.