OSHA

Without a warning, government officials can inspect your business at anytime therefore, workplace safety should be of concern to the shop owner. If you have employees, you are a target for an OSHA inspection. If you think that OSHA is a small town in Wisconsin, you are heading for deep trouble.

Violations of any safety laws and regulations can be very expensive. In the mid 1990’s the U.S. Occupation and Health Administration (OSHA) dramatically increased the minimum recommended penalties for willful serious violations of workplace safety rules. The penalties for small businesses, those with 25 or fewer employees, increased from $5,000 to $25,000.

Pleading ignorance to workplace safety is no excuse. OSHA obligates you to know better and be informed, as one shop owner recently found out the expensive way. Even if you only have a single employee, you’re still a fair game to OSHA. Your shop is subject to the same workplace safety rules as employers with 1,000 employees.

Size however, does matter. For shops or workplaces with 10 or more employees, an OSHA inspector can show up without a warning and issue citations that have the potential of putting a shop or a business out of business. For shops or workplaces with less than 10 employees, an event must trigger an OSHA inspection. The following are some examples that would trigger an OSHA inspection:

a workplace accident
employee complaint
neighbor complaint
contractor complaint
through other regulatory agencies (EPA, Health Department, etc.)

All employee complaints, regardless whether valid, are subject to investigation and a visit from OSHA. A complaint from a competing shop will generally not be considered a safety violation by OSHA.

What are your chances of getting hit with an inspection? About 1 in 10 or 10%. Your chances increase significantly however, with dissatisfied employee(s). Equally important, never pay an employee under the table no matter what. You open up a new set of nightmares (labor department, tax department) if he or she ever registers a complaint or gets hurt on the job.

The following are tips for dealing with OSHA, before, during and after an inspection. You must prepare yourself for one, regardless of excuses, in order to avoid heavy fines and penalties.

Before An Inspection

1. Display the official OSHA poster(s), or you own, where notices to employees are usually required. For example, post signs in the stripping area: NIOSH approved respirator, safety glasses, rubber gloves and apron must be worn in this area. Or, exhaust fan must be turned on and organic vapor must be worn in this area, when spray finishing, regardless whether using solvent or water-based finishes.

2. Determine which OSHA standards and regulations are applicable to your shop or workplace. You can obtain this information by contacting OSHA directly or, go to OSHA’s web site at www.osha.gov. A Written Hazardous Communication Program and/or a Written Respiratory Protection Control Program are just some of the standards applicable to a furniture refinishing or stripping shop. More on these two programs is provided at the end of this article.

3. Make certain that all required written programs and documents are up to date.

4. Conduct a monthly mock inspection of your shop or, get an expert to do it for you. Correct possible safety and health violations immediately upon inspection.

5. Conduct documented monthly safety meetings with your employees and keep such records easily accessible. OSHA loves that, honestly!

6. Make certain that your shop is in compliance with all records keeping requirements and that all records are easily accessible to employees, outside contractors, and inspectors.

7. Keep a loaded camera available at all times should you be inspected or, should there be an accident in your shop.

During an Inspection

1. Review the inspector’s credentials before he or she begins an inspection. Request a business card with name, address and phone number to ensure that the inspection is legitimate.

2. Act respectfully to the inspector and ask to state the purpose, scope, and what triggered the inspection.

3. Stay with the inspector at all times during the inspection, taking notes as to the violations discussed and employees interviews.

4. Take photos of areas inspected that are subject to violation or citation.

5. Correct any violations that are immediately correctable, i.e., have employees put on protective equipment is areas deemed as such.

6. Do not volunteer any information to the inspector, let him or her ask all the questions. Answer all the questions honestly, short and to the point only.

7. Ask the inspector for copies of all photographs and videos, if taken, and all written reports.

8. Ask for a receipt for all documents you surrender to the inspector.

After The Inspection

1. Review all areas of concern identified during the inspection. Make the necessary corrections as fast as possible.

2. If you are issued any citations, post the citations for all employees to see then, correct them as fast as possible if not done so already.

3. Seek an informal meeting with OSHA to reduce any fines and penalties levied. During your informal meeting with OSHA, which is usually at the district office with the district supervisor and the inspector, show them pictures of the corrections made. A picture is worth a thousand words.

4. Unless there are potential criminal or civil actions involved, do not bring an attorney with you to any formal or informal conferences. OSHA dislikes dealing with lawyers for obvious reasons!

5. If an agreement to reduce fines and penalties can not be reached during the informal meeting, file a written notice with OSHA within 30 days of being served contesting the citations, fines and penalties.

OSHA’s Standards and Regulations

Applicable To Furniture Finishing, Refinishing and Stripping Shops

Written Hazardous Communication Program

The basic purpose of this standard is to be sure that shop owners and workers are aware of the hazardous nature of the products they use and how to protect themselves. This Right To Know should help to reduce the incidence of chemical source illness and injuries. The Hazardous Communication Program should also include Material Safety Data Sheets on all chemical products used in the shop, as for example, lacquers, thinners, finish removers, etc. Click here for a sample of a Written Hazardous Communication Program that you can download for your own use.

Written Respiratory Protection Control Program

If your shop strips furniture using a Methylene Chloride based remover, effective May 1, 2000, respiratory protection will be required for employees doing the actual stripping, provided the Threshold Limit Value (TLV) for Methylene Chloride is above 25 ppm but less than 625 ppm. Respirators prevent the entry of Methylene Chloride and other chemicals which are suspect or known carcinogens. Since Methylene Chloride requires greater protection, the respirators required are Positive Pressure which provide separate supply of breathable air to the worker.

An effective respirator program applicable to furniture refinishing and stripping must cover the following issues: written standard operating procedure, program evaluation, respirator selection, training, fit testing, inspection, cleaning, maintenance, and storage. Click here for a sample of a Written Respiratory Protection Control Program that you can download for your own use.