OSHA exempt industry workers on job sites
We have a state inspector who claims he is OSHA exempt and doesn't have to follow any osha regs. While on our job site he was walking in an overhead hazard area and says he doesn't have to wear a hard hat because he's "osha exempt". This doesn't seem right to me. Can we make him wear a hard hat in this area? And does osha exempt really mean what he says it means? Is there anything that's says we can enforce our company job site rules?
Comments (19)
I'm not sure what state you're in, but you can always go above and beyond what OSHA says and enforce your own site-specific requirements. Same concept as marijuna. Even though it may be legal to smoke marijuana recreationally in your state, a company can still say it's banned for any reason and follow federal legislation.
With that being said, some state OSHA plans only cover certain types of workers. What state are you in?
You could say he can't enter unless he follows the site rules. It is about safety, and your company could be liable if he does get injured on-site. That's so frustrating that he thinks he is exempt from any rules. I am sure their boss would want them to follow the site's safety rules (more liability concerns).
As the Authority Having Jurisdiction of your work sites, everything everyone has stated already comes into play. You set the rules for your jobsites and a number of things can dictate what you say and do. This has all sorts of RED Flags for this inspector.
Anywhere in the USA OSHA applies. States may have their own rules but must meet OSHA rules and standards. I have seen it in several OSHA CPLs, that CHSOs must follow, PPE requirements and all safety rules and regs in dangerous situations. They cannot just enter a machine under Lockout unless they too have a lock on the machine and follow your lockout procedures! They cannot just enter Permit Required Confines Space unless they are protected and following 1910.146 or the State equivalent!
Finally you are on private property, unless they have a warrant (with a sheriff in my state) you can ask them to leave at any time! You set the rules that any guests must follow, any guest! If you say he to wear a hardhat he wears one or leaves! Any court will support you Federal or State!
At my last employer even CHSO's had to sign our Visitor Rules that prescribed PPE, Safety Glass with SS, Steel toed shoes near machine's, hearing protection, hard hats where there were overhead hazards (like our warehouse0, and his-vis vests when PITS were present! In 25 years I only had a couple CHSO visits, but it they refused to comply they would not be allowed in the plant! My new home state is an OSHA state (WI). But even if I was back in my home state of Michigan I would so the same!
I would take that to any court in the land. There use to be a Colorado CHSO on SK, I wounder what he would say?
Are you able to go over his head (no pun intended) if he keeps stating he is exempt from the safety regulations? I would think even at the state level there are still safety folks employed who handle safety internally. Just because he "may be exempt" should not mean that he can just not follow company jobsite rules.
In general I agree with what folks are saying, but another key element is looking at the rules, regulations, and procedures that the state agency this person comes from publish and expect their people to comply with to determine whether there is anything there that precludes you from enforcing your own safety rules. I suspect not, but instead expect the agency is like OSHA inasmuch as they probably require that their employees comply with reasonable safety requirements imposed at the locations they are visiting.