Editor's Note: We featured a fictionalized account of the incident described in this story in one of Nick O'Shay's tales. But the lesson is so important and the story so wonderful, that it also deserves non-fiction treatment.

They say a picture is worth a thousand words. But some pictures are worth a lot more than that. Like the one that saved a construction company over $40,000! The company used a photograph taken by a company representative during an OSHA walkaround inspection to successfully challenge a $43,000 citation. The moral: Documenting how OSHA inspectors conduct an inspection, especially the so called walkaround phase, can help you challenge fines or get them reduced. There's also a set of inspection instructions in the Tools section of SafetyXChange.

The Story

The company's safety director, who asked not to be named, says that an OSHA inspector showed up unannounced at one of the company's construction sites. During the walkaround, the inspector took measurements of an excavation. He later cited the company for not having the proper supports at the excavation. The company disputed the measurements. A photo taken by a worker whom the company had previously appointed to be its representative in case of an inspection clearly showed that the inspector was improperly holding the tape measure at an angle when he measured the excavation. As a result, his measurements were completely wrong. The company produced the photo at the subsequent hearing and got all the charges dismissed.

The Lesson

This story points out the importance of the walkaround phase of OSHA inspections. This is when the inspector walks around your workplace looking for potential hazards. What the inspector sees (and doesn't see) usually determines how extensive the investigation will be, how long it will last, whether you'll be cited and, if so, how much you'll pay.

The walkaround is also when mistakes are most likely to occur. Yes, OSHA inspectors do make mistakes, some of which can cost you thousands or even tens of thousands of dollars. To protect yourself you need to catch those mistakes. Your best chance of doing that is to appoint somebody from your company to accompany the inspector as your representative during the walkaround and instruct that person to take photos, notes and measurements.

Conclusion

Section 1903.8 of the OSHA regulations gives you the right to have a representative accompany an OSHA inspector during an inspection. Designate a worker to serve as your representative. Tell representatives what to do so they're prepared for an inspection. There are model instructions you can adapt on this page.

Use the notes, photos and other data the representative gathers during the walkaround to challenge citations and get penalties reduced. Among other things, you may be able to use the information to contradict an inspector's testimony during a hearing the way the construction company's safety director in the example above did.

THE CANADIAN PERSPECTIVE
Accompanying OHS Inspectors

By Glenn Demby

The story above applies equally in Canada although there are some subtle differences in how inspections work in the two countries. All Canadian companies aren't guaranteed the right to have a representative accompany an OHS inspector the way U.S. companies are. But the OHS laws of at least seven jurisdictions, including Ontario, BC and federal, allow for some form of representation. That person may be a representative of the employer, employee, or both, depending on the province.

And even provinces that don't specifically provide for representation allow inspectors to be accompanied by persons of their choice. This leaves the door open to request representation. So all companies should make arrangements to appoint a representative in case an OHS inspector shows up.

The Canadian OHS Rules

Employer & Employee Representative Mandatory During Inspection
Federal: Canada Labour Code, Sec. 141.1(1)
New Brunswick: OHS Act, Sec. 29

Employer & Employee Rep Allowed
British Columbia: Workers' Comp Act, Sec. 182(1)
Nova Scotia: OHS Act, Sec. 50(2)

Employer Rep Mandatory, Employee Rep Allowed
Prince Edward Island: OHS Act, Sec. 7.1(3)

Employee Rep Allowed
Ontario: OHS Act, Sec. 54(3)
Yukon: OHS Act, Sec 37(1) and (2)

WEIRD MOMENTS IN SAFETY HISTORY
Ironic Fires

By Richard Hawk

Joan of Arc

In 2002 firefighters were called to put out the flames at a factory in Neuruppin, Germany. What did the factory make? Fire extinguishers. But the fire extinguishers were filled with flame retardant at another facility, so at the time of the fire none of them worked.

* * * * *

In 1978, Giovanna D'Arco of Italy was sitting by her fireplace when a spark jumped out and ignited her clothes. Ironically, her name is Italian for "Joan of Arc."

* * * * *

A Texas man named Stanley Stillsmoking was jailed for trying to steal cigarettes.

Editor's Note: For more offbeat safety information and to learn how to spice up your safety presentations, check out Richard's newsletter, Make Safety Fun. See http://www.makesafetyfun.com/

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