Special Exemptions From Programmed Osha Inspections example essay topic

The OSH Act gave OSHA the authority to come into work places and inspect facilities for health and safety risks. Due to shortages in personnel, OSHA inspects accidents and safety complaints that are filed, and those facilities that have a high volume of accident rates. If an individual state has an approved safety and health enforcement plan, than they may be exempt from yearly inspections by OSHA and have their own state personnel conduct the inspections. The Act sets a maximum penalty for safety and health violations, but OSHA has the authority to calculate fines. If an industry objects to the citation or fines, they can go before the Occupational Safety and Health Review Commission.

OSHA has been criticized on both ends, by industries for being too strict, and by unions for not being strict enough. In the 1980's, OSHA had instituted a policy that would exempt some workplaces from a complete inspection if they had a lower than average injury rate. However, that policy was abandoned when an employee died from a workplace that OSHA had not fully inspected. OSHA has implemented new procedures that have set higher penalties and increased the maximum fine for all types of infractions. OSHA may inspect a workplace at anytime. It can be a programmed inspection that was scheduled in advance, or an unprogrammed inspection that was unplanned which resulted from a workplace may be in violation of standards.

Unprogrammed inspections usually have priority over scheduled ones. Programmed inspections are usually conducted at high-hazard workplaces, those that have a history of OSHA citations for serious health violations. Congress did provide for special exemptions from programmed OSHA inspections. These exemptions apply to small business that felt they were being subjected to many undue inspections. This provision does not completely exempt them from OSHA visiting the workplace to investigate complaints, injuries, or provide assistance.

Some workplaces that have a lower than average accident rates can fall under the voluntary protection program. They are still subject to OSHA inspections if complaints are received or if an incident occurs. OSHA usually does not notify a workplace that they will be inspecting. If a workplace is tipped off, there is a very stiff penalty for any person who provides advance notice of an inspection without the agency's authorization. OSHA can conduct an inspection at anytime, however, is and employer refuses their entry feeling they are Fourth Amendment Rights, then OSHA must obtain a warrant. However, OSHA does not need to obtain a warrant if it's authorized by a third party, an emergency exists, or conditions are observable to the public.

When on the premises, OSHA must locate the owner or a management representative.