OSHA: Does Your Dental Facility Have What It Needs To Be In Compliance?

Office Compliance

Does your

?

Dental Facility

Have What It Needs To Be In Compliance

An OSHA Inspection of Your Of fice

by Karson L. Carpenter, D.D.S

OSHA is authorized under the law to inspect your facility to determine whether employers are complying with current regulations. OSHA enforces what is called the General Duty Clause which requires that every working person must be provided with a safe and healthful workplace. Will you be ready?

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Office Compliance

OSH

Inspections may be conducted with or without advanced notice and are of ten conducted based upon a current or former employees complaint.

OSHA has adopted a “worst first” system of priorities for conducting inspections that works as follows:

#1. Imminent Danger. These situations are given top priority. Imminent danger means that a condition is thought to exist that can be expected to cause death or serious physical harm. If an imminent danger situation exists, the Compliance Of ficer will ask the employer to voluntarily abate the hazard and remove endangered employees. #2. Catastrophes and Fatal Accidents. OSHA’s second priority is investigating accidents that involve fatalities and/or hospitalization of five or more employees. These catastrophes must be reported to OSHA within 48 hours of the incident.

#3. Employee Complaints. The third priority of OSHA is the inspection of formal employee complaints of alleged violation of the OSHA Standards. The OSH Act gives each employee the right to request an OSHA inspection when the employee believes they are in imminent danger from a hazard. OSHA will maintain confidentiality when an employee requests such an inspection and will inform the employee of any action regarding their complaint.

4. Programmed Inspections. These inspections are usually aimed at high hazard industries and occupations. For this reason dental of fices are unlikely to be the target of such an inspection although special emphasis programs or random selection may also prompt an inspection.

Inspector Credentials and Opening Conference The actual inspection first involves the inspector presenting his/her credentials which can be verified by calling the nearest OSHA of fice. Remember that a Compliance Of ficer may never collect any violation penalty or promote the sale of any product or service. Af ter credential presentation, the Compliance Of ficer will request an opening conference to explain the purpose of the visit, the

scope of the inspection and the standards that apply. The employer will be given a copy of the safety and health standards that apply as well as a copy of the employee complaint, if applicable.

An employer representative must accompany the Compliance Of ficer during the inspection. An employee representative may also accompany the Compliance Of ficer and may be chosen by either the Compliance Of ficer or the employees themselves, but may not be chosen by the employer.

The Inspection The Compliance Of ficer will determine the route and duration of the inspection and will make every ef fort to minimize of fice interruptions. During the inspection the inspector may: • Hold private conversations with employees • Examine records • Take photographs • Review existing engineering controls • Monitor employee exposure to chemicals

Closing Conference Af ter the inspection has concluded, a closing conference will be held and shall include the Compliance Of ficer, the employer and the employee representative. The Compliance Of ficer will discuss all alleged violations observed but no penalties will be given at this time. The employer will be given a copy of “Employer Rights and Responsibilities”; will discuss the contents of the booklet and answer any questions.

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Office Compliance Citations and Penalties A writ ten citation and notice of proposed penalties shall be sent to the employer by certified mail. A proposed time period will be set for abatement of any violations found. The employer must post a copy of each citation in a place visible to all employees, for at least three days or until the violation is corrected. The following violations may be cited:

• Other Than Serious Violation. This violation relates to job safety and health but is a violation unlikely to cause death or physical harm. A penalty of no more than $7,000 for each violation may be levied.

• Serious Violation. This type of violation means that there is substantial probability that death or serious physical harm could result. A mandatory penalty of up to $7,000 per violation may be levied.

• Willful Violation. This violation occurs when the employer is aware that a hazardous condition exists, knows the condition exists and violates a standard of the Osh Act and makes no reasonable ef fort to correct the hazard. Penalties of up to $70,000 may be levied for each violation.

• Repeat Violation. These may incur fines of up to $70,000 each.

• Failure to Correct a Violation. This may carry a civil penalty of $7,000 for each day the violation continues beyond the abatement period.

Appeals Process The employer may request an informal conference to discuss issues raised by the inspection citation and/or proposed penalty. The OSHA Area Director may revise citations and penalties to help avoid prolonged disputes.

If the inspection was initiated by an employee complaint, the employee may request to review any decision to not issue a citation. Employees may not contest citations, amendments, penalties or lack of penalties.

Notice of Contest To contest a citation or proposed penalty, a writ ten response must be sent to the OSHA Area Director within 15 working days from the date of the citation.

This writ ten response is called a “Notice of Contest”.

A copy of this notice must be given to the employees authorized representative, posted in a prominent location or given individually to af fected employees.

Af ter 15 days no further opportunity will be given for appeal–the citation and penalty will stand as is.

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Review Procedure The OSHA Area Director will forward the case to the Occupational Safety and Health Review Commission (OSHRC) which is an independent agency not associated with OSHA. The Commission will assign the case to an Administrative Law Judge and a hearing will be scheduled near the employers’ workplace. Once the Administrative Law Judge has rendered judgment, either the employer or employees may request an additional review by OSHRC. Any Commission ruling may be appealed to the appropriate U.S. Court of Appeals. For states that have their own occupational safety and health program, the procedures are generally similar to Federal OSHA except that the state review board or other equivalent authorities hear the cases.

Prevention is the Key Do any of us want to go through the exhausting procedures described above? Of course not! For this reason, it is paramount that we get our dental of fices into compliance immediately. Begin by assigning a trusted employee to oversee/manage your OSHA compliance program. Allow them to work with a dental supplier who can provide many of the items needed to achieve compliance including compliance manuals, eyewash, spill kits, various safety products, personnel protective equipment, and annual required training.

The most important reason to achieve and maintain compliance is not to avoid an OSHA fine, but is instead to create a safe and healthful working environment for you and your dental team. Such an environment will gain the respect and admiration of your employees, who will understand and appreciate your concern for them.

Karson L. Carpenter D.D.S. Karson L. Carpenter has practiced dentistry for over 25 years and currently serves as President and CEO of Compliance Training Partners. He is a graduate of the University of Michigan School of Dentistry, and since 1987 has designed educational programs to bring dental and medical facilities into compliance with OSHA and infection control regulations.

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To Learn More About OSHA Complaince

Call 1.800.218.5412