Auto parts suppliers facing increased OSHA worksite safety scrutiny

A stepped-up enforcement initiative by the Occupational Safety and Health Administration (OSHA) regarding hazardous workplace conditions within the automotive supplier sector is targeting the Southeastern section of the U.S.

“We saw an inordinate amount of citations being issued in this industry,” says Ben Ross, acting deputy regional administrator in OSHA’s Atlanta office, which covers eight states.

In recent years the region has seen an uptick in the amount of OEMs – and the suppliers who provide them with the necessary components – setting up operations in the Southeast. Honda, Kia, Hyundai, BMW and Mercedes are already in place, with a Porsche plant soon to come, according to Ross, telling Aftermarket Business World that “our ultimate goal is compliance” with the federal rules and regulations that govern working conditions.

Ross expresses reservations about using the term “stepped-up enforcement” in describing OSHA’s actions. “I would refer to it as a Regional Emphasis Program to reduce safety hazard exposures in the auto parts supplier industry,” he says. Known as an REP in agency parlance, the focused effort was rolled out in January.

“I have not heard from members that they’ve seen an increase” in inspections, says Catherine Boland, vice president of legislative affairs at the Motor & Equipment Manufacturers Association (MEMA), “but we’re watching this closely.”

MEMA’s organizational array includes the Automotive Aftermarket Suppliers Association (AASA), and Boland issues a reminder that “it’s important for the industry to maintain compliance” with OSHA’s regulations at all times.

“The first step in dealing with an OSHA inspection is to be prepared. When OSHA arrives at your front door to conduct an unannounced inspection it is too late to formulate a plan, and proactively developing the inspection plan prior to an OSHA visit can make all the difference in the inspection,” reports Jeff Powers, senior consultant at the Antea Group. The company presented a June webinar on OSHA inspections in cooperation with the AASA.

“The industrial environment is complex, and there are multiple potential hazards that should be addressed in the design and layout of equipment,” Powers notes. “Proactive safety activities will result in reduced risk, better product quality and improved morale of the workforce. Good safety engineering design also results in improved production efficiencies and reduced costs.”

OSHA’s automotive REP inspectors are especially interested in emphasizing the standards concerning Lock Out/Tag Out, Machine Guarding and Electrical Hazards, says OSHA’s Ross. A piece of equipment must be properly secured from employee contact if repairs or maintenance are being conducted, protective features must be fully utilized for each machine and process, and all power sources must be correctly connected.

Seemingly echoing the attitudes of state highway patrol officers who sincerely believe from the first day of instruction at the police academy that speeding causes crashes and needless deaths – and thus they have zero qualms about ticketing even the sweetest grandmother who happens to have a heavy foot – Ross reports that OSHA’s agents feel duty-bound to protect the health and safety of every employee, and that is exactly what they do.

“You must always remember that we are there to provide a valuable service to the working men and women throughout the country,” he says.

Ross goes on to stress the inherent value to ownership and management of maintaining a proper workplace. “They need to appreciate that safety and health pays, and that should be a part of the operation; safety and health is part of the training.” Injuries drive up the cost of workers compensation insurance, plus you now incur the expense of training a new employee to replace the person who is no longer on the job. OSHA statistics reveal that an unsafe environment also drives up absentee rates.

“A well-trained individual produces a better product and you are more competitive,” says Ross.

Training temps

Among the fastest-growing trends in automotive manufacturing is a proliferation of temporary employees, and Ross points out that you as an employer are responsible for their proper training and job performance, and risks must be alleviated for them as well. There are no excuses. Violations cannot be blamed on the employment agency.

Untrained and unprotected temps are highly susceptible to on-the-job injuries and illnesses, according to Ross. “They arrive in the morning and leave in the afternoon in a body bag,” he says.

A nationwide OSHA initiative is currently addressing enhanced enforcement of conditions involving contracted employees. Temps suffer 12 percent of fatal work injuries. The rates are higher in Texas (56 percent), Florida (51 percent) and California (42 percent).

“Host employers need to treat temporary workers as they treat existing employees,” says Dr. David Michaels, U.S. Assistant Secretary of Labor for Occupational Safety and Health. “Temporary staffing agencies and host employers share control over the employee, and are therefore jointly responsible for temp employee’s safety and health. It is essential that both employers comply with all relevant OSHA requirements.”

Overall, 4,628 workers were killed on the job in 2012 while an estimated 50,000 succumbed to occupational illnesses.

Checks and balances

OSHA has a well-established formula in place for determining which companies are selected for an inspection, says Ross. And, of course, the agency responds to complaints. These types of filings can be anonymous, and they can come from a variety of sources including an unhappy customer, a disgruntled employee or even a concerned family member who hears a harrowing account of a work situation. Employers are also legally obligated to report such incidents and conditions as prescribed by the regulations.

Under a routine REP initiative, if, for example, 100 firms are identified as being involved in a targeted industry, OSHA officials “will make a determination that they can do maybe 15 out of the 100.”

If your company is selected for an inspection, “We do not give advance notice – we come in unannounced,” Ross says. If your top OSHA compliance executive is absent or otherwise unavailable, “We will ask for the No. 2 man or woman in charge.” If the inspectors are refused access, “We say, ‘thank you very much, but you must know that we will be back with a warrant,’” he explains.

“You have a right to express yourself” if you are displeased with the presence of an inspector poking around your place of business, says Ross, but there are limits. “We will tell you if you are crossing the line.” Federal marshals are utilized on an as-needed basis if a situation escalates to a level in which OSHA officials feel threatened.

Onsite visits can last up to two weeks at a large facility. The total inspection and evaluation process can extend up to six months. “There is an absolute check and balance system in place” for the issuing of citations. A tight chain of command eliminates any personal animosity being involved in the ticketing procedures.

An aftermarket industry source experienced in OSHA inspections, requesting anonymity to avoid antagonizing the agency, is convinced that you will indeed be issued at least one citation once an agent comes through the door: “They do a thorough inspection, and they’ll find something. OSHA has a lot of rules, and they’re hard to keep track of.”

Ross disputes that notion, citing OSHA statistics that 22 percent of all the companies inspected over the past decade have been deemed to be in full compliance. The key to avoiding fines is to be fully informed of OSHA standards and have a full-compliance commitment as part of your business model, he says.

Detailed explanations of the laws are obtainable through OSHA, assorted industry associations and specialized consultants. OSHA’s On-site Consultation Program offers free and confidential advice to small- and medium-sized businesses in all the states, with priority given to high-hazard worksites.

“No OSHA citations or penalties are issued as a result of a consultative visit,” says Antea’s Powers. “The safety consultants can assist employers in identifying potential hazards at the worksite, assist in an injury and illness prevention program and deliver health and safety training,” he observes.

Generating good faith

Once an official inspection commences, inspectors are especially interested in reviewing your OSHA 300 Log Recordkeeping. “Make sure entries are correct, complete and current,” Powers urges.

Availability of the safety data sheets for potentially hazardous substances and workforce training documentation are other issues of inspector interest, as is your fleet of forklifts and other industrial vehicles.

“Training is one area that many organizations do not keep current,” according to Powers, who offers some additional tips:

· Treat the compliance officer with respect and as a professional.

· Make sure that members of the management team attend the opening and closing conferences.

· Answer all questions honestly.

· Gather all requested documents in a timely fashion.

“When the compliance officer expresses a concern about what is observed as a potential hazard, correct the issue as soon as possible, preferably while the compliance officer is in the facility,” says Powers. “This will generate good faith with the compliance officer and may reduce citations and/or penalties following the inspection.”

According to Powers, some common mistakes made during an inspection include:

· Not engaging in the process. “As an owner or manager you must be engaged.”

· Arguing with the compliance officer. “Don’t. If you do not understand something ask a question for clarification, but do not argue with the compliance officer.”

· Blaming employees for safety issues or concerns. “The compliance officer is identifying hazards, not placing blame. Blaming anyone during the inspection does not build trust or goodwill.”

· Providing information that is not requested.

“An OSHA inspection is not the time to show off your facility and all the good you may think you are doing,” says Powers. “Only provide the information the compliance officer requests and only show the compliance officer areas of the facility that are requested.”

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