An Unannounced Inspection - Case Study Example

? Case Study Scenarios Case Study Scenarios Scenario An Unannounced Inspection Brief Case Overview Given that an OSHA inspector arrives at the organization to verify the complaints of a highly disgruntled worker who frequently questions all aspects of his job and of his work environment, one is in a quandary as to the most appropriate response. Likewise, it was noted that the plant manager is not within the premises and the area where the employee who complained works is reported to be currently undergoing a major renovation for a process change for the product in the line. The Questions and Responses How would you act, what actions should you take, and what would you do? According to OSHA inspection standards, employers should be aware that inspections are regularly conducted without the need for advance notice or any presentation of warrant to inspect. In this case, an employee reported a complaint, which is one of the requirements where OSHA would be able to enter and inspect the worksite without obtaining a warrant or even the employer’s express consent. Therefore, the only expected and appropriate action that should be taken is to allow the OSHA inspector to undertake the needed inspection and to address all inquiries or questions regarding the complaint in the worksite under major renovation; with proper advice of the matter from the plant manager. One could call the authorized officer in charge of safety and the plant manager just to formally advise them that the OSHA inspector is currently at the plant and to enable one to effectively assist the inspector, as duly and lawfully required. Should you challenge the validity of the OSHA inspector's request, or their right to enter the workplace? One has not authority to challenge the validity of the OSHA inspector’s request because by virtue of law, specifically relating to “Section 5(a)(1) of the Act, known as the “General Duty Clause,” which requires that every working man and woman must be provided with a safe and healthful workplace” (Occupational Safety & Health Administration, 2002, p. 1), the disgruntled worker has the right to forward any perceived concern that could possible endanger his health and safety in the work setting. Or should you request a warrant to enter the workplace, and thereby gain some time to make sure everything is in order back in the plant? There really is nothing to hide at the plant and the OSHA inspector could even assist in recommending the most appropriate methods to ensure that safety and security of the workers are addressed; while the major renovation for a process change for the product in the line is taking place. Can you gain any time to check with your in-area safety supervisor first? Or, should you immediately comply with the request for the inspection? Explain your answers. As previously noted, one strongly believes that the policy of the organization in terms of reporting relevant incidents (including the area safety supervisor and even the plant manager) must be followed and adhered to. Doing so does not mean that one is buying extra time but following protocols and policies in reporting relevant incidents within the organization for proper approval, as needed. Scenario #2: Serious Near-Miss Crane Incident Brief Case Overview Being the EH&S professional at the company's shipyard, one is faced with the situation where there was a near miss accident out in the assembly area. The cause of the incident needs to be further investigated as there were diverse comments from workers on the potential cause of the accident. Apparently, one worker has already called OSHA reporting an “imminent danger” situation. The Questions and Response What are your most important concerns? What should you do next? The most important concerns as the EH&S professional is to ensure the safety and security of all workers in the organization. As such, given the facts of the case, since it was reported that the EH&S professional, engineers and supervisors were in the meeting to discuss the cause of the near-miss accident, one must continue to determine the accurate cause of the danger to enable the appropriate authorities (engineers) to address these immediately. Workers who are most at risk on the identified area must not resume their work until such time that the cause of the accident has been effectively addressed. What information is the most critical for you to have right away? Therefore, the most critical information at this stage is the accurate cause of the near-miss accident, the workers at risk, and the strategies and measures that are designed and enforced by the organization to determine if these effectively address the potential risks and dangers of the situation. What directions would you give to the supervisors and engineers? The directions that must be given to the supervisors and engineers, therefore, is to determine immediately the cause of the near-miss accident and to relay their proposed recommendations to address this problem. When should you inform your facility manager and what should you tell him/her? The facility manager should be informed immediately on the incident and report to him or her that the factors and reasons for the near-miss accident are currently being investigated and that proposals and recommendations would be forwarded to him (or her) as soon as the supervisors and engineers have pinpointed the cause. Should you meet with the hourly employees and what will you discuss with them? All the workers who are directly affected and involved in the situation must be met to advise them that the cause of the near-miss accident is already being immediately addressed. By relaying the information, the workers would be assured that as employers their safety and security within the work setting is their primary concern. How will you handle the OSHA inspector should one show up in the next few hours? Should the OSHA inspector show up in the next few hours, one must be able to respond accurately by accommodating the inspection of the OSHA; relay the incident that transpired, indicate the accurate cause of the near-miss accident and to assure the inspector that the engineers are addressing the situation, as needed. Reference Occupational Safety & Health Administration. (2002). OSHA Inspections. Retrieved June 29, 2012, from osha.gov: http://www.osha.gov/Publications/osha2098.pdf Read More