How to Avoid an OSHA Imminent Danger Inspection
An imminent danger inspection is OSHA’s highest priority and is conducted when conditions within a workplace present an immediate risk to employees of serious physical harm or death. Imminent danger situations require immediate corrective action.
Both OSHA and safety consulting firms recommend regular inspections for all organizations whose employees are subject to a certain level of risk. The goal is to identify hazards and mitigate them before they become serious issues. Otherwise, an organization could be at risk of an OSHA imminent danger inspection. Being subjected to such a heightened inspection exposes an organization to tremendous liability.
How Imminent Danger Is Defined
OSHA applies a strict definition to imminent danger. And while there is a lot to be aware of in terms of safety hazards, not all hazards identified during a routine hazard inspection qualify as imminently dangerous situations.
OSHA relies on two criteria for defining imminent danger:
- Elevated Threat – The hazard in question must represent an elevated threat of serious injury, illness, or death. The risk of potential harm must be deemed reasonable and likely to occur.
- Immediacy – The identified threat must be urgent in its immediacy. In other words, harm is likely to happen immediately or before the hazard can be addressed through normal enforcement actions.
The existence of imminent danger hazards puts people at risk. The question is this: how is OSHA made aware of imminent danger threats? More often than not, hazards are revealed through complaints filed with the agency. Regular and ongoing safety inspections are another source.
How an Inspection Is Conducted
Whether OSHA is made aware of an imminent threat hazard by way of an employee complaint or a routine safety inspection, there is an established process for following through with an investigation.
It starts with assigning the complaint to a Compliance Safety and Health Officer. Compliance Safety and Health Officer is a person authorized by the Occupational Safety and Health Administration, U.S. Department of Labor, to conduct inspections.
If the Officer consider that a case is warranted, it is usually assigned the same day. but most usually within within 24 hours of receipt of the complaint.
From there, three things occur:
- Opening Conference – The officer contacts the organization, introduces the investigation, and begins what is known as the opening conference. This is a formal conference through which the officer explains what is going on, along with the legal rights of both employers and their employees.
- The Investigation – The officer conducts a physical inspection of the hazard, area of concern, etc. Photographs and videos may be taken to document observations. Other means of data collection are also utilized. If necessary, employees are privately interviewed.
- Notification – If the original complaint proves valid, employees are then notified of the hazard by the officer and informed of their rights. Employees do not have to continue working under hazardous conditions.
It is up to the Officer to determine the validity of the complaint and the seriousness of any identified hazard(s). Again, all hazard inspections don’t produce legitimate imminent threats. That would be the best-case scenario for the organization being inspected.
When Imminent Danger Is Present
When imminent danger is present, the Officer will notify the organization and request immediate corrective actions to either abate the hazard or remove employees from exposure to it. A failure to comply could mean further action by the officer and litigation initiated by OSHA.
Be Proactive Before You Have an Imminent Danger Situation
Compliance Consultants, Inc. can come out and make an assessment of your workplace and provide actionable feedback as to the gaps in your safety program.
We recommend routine hazard inspections designed to identify and correct hazards at the earliest possible stages. It is important to both employees and the organization to avoid hazards serious enough to risk OSHA imminent danger inspections.
Compliance Consultants, Inc. can help you identify hazards before they become imminent danger safety issues.
