Division of Labor and Industry

 

MOSH Instruction 15-9 - Focused Inspections

 
Subject: MOSH Instruction 15-9 Focused Inspections
   
Effective Date: April 6, 2015
   
Issuance Date: April 6, 2015
   
Expiration Date: Effective from date above, until replaced by a new Instruction.
   
Purpose: This memorandum updates the focused inspection initiative within the Maryland Occupational Safety and Health (MOSH) compliance program.
 
Scope: MOSH-wide.
   
Reference: None
   
Contact: Chief of MOSH Compliance Services
See MOSH Website for Current Information
   
By and Under the Authority of: Eric M. Uttenreither, Assistant Commissioner
 

Summary: MOSH programmed site visits at multi­ employer construction sites have historically been comprehensive in scope. The goal of MOSH's construction inspections and targeting system is to make a difference in the safety and health of employees at each worksite and to select the appropriate sites for inspection. To accomplish this, the compliance officer's time is more effectively spent investigating the most dangerous workplace conditions where practical.

Action:

  1. Effective April 6, 2015, all construction inspections shall have opening conferences consistent with current agency guidelines, and then shall proceed as follows:
     
      1. During designated programmed inspections, the compliance officer shall determine whether or not the prime, general or site controlling contractor:
         
          1. has an effective, safety and health program and,
             
          2. has a person responsible for and capable of implementing the program on site.
             
      2. If the above contractor meets both of these criteria then a focused inspection will be made which will include all sub-contractors working at the site. If, however, the contractor does not meet both of these criteria, then the inspection shall proceed in accordance with previously established guidelines for comprehensive inspections.
         
      3. During unprogrammed activity the compliance officer will confer with their Supervisor to determine if a focused inspection for the rest of the site is warranted after inspecting the worksite in regard to the referral/complaint/accident items(s).
         
      4. All health inspections shall be conducted in accordance with current agency guidelines. (There are no focused inspections available for comprehensive or partial health inspections).
         
  2. A major objective of the compliance officer during the start of a focused inspection is to observe site conditions. At the start of the opening conference the compliance officer shall determine if the focused inspection criteria has been achieved by the site controlling contractor prior to moving into the walk-around.
     
  3. No delays shall be proffered by employers which would impede the focused inspection walk-around. Any delays realized (i.e., waiting on corporate officials or safety consultants) shall cause the focused inspection to be suspended and a comprehensive inspection to be initiated.
     
  4. Assessment of safety programs shall consider:
     
      1. the comprehensiveness of the program;
         
      2. the degree to which it has been implemented;
         
      3. the presence of competent persons as are required by relevant standards; and
         
      4. the means by which the program is enforced , including management policies and activities, effective employee involvement, and training.
         
        Employees shall be interviewed during the walk-around to aid in the evaluation of the program. The discovery of some serious violations during a focused inspection does not automatically mean that a safety and health program is ineffective. The compliance officer shall exercise professional judgment upon finding serious violations, to determine whether a jobsite undergoing a focused inspection should receive a comprehensive inspection.
         
  5. Focused inspections will concentrate primarily on the four groups of hazards which account for the most fatalities and serious injuries in the construction industry: falls; electrical hazards; caught in/between hazards (such as trenching); and "struck-by" hazards (such as materials handling equipment and construction vehicles). However, during the course of the focused inspection, violations may be proposed for any serious hazards (beyond the previously mentioned four groups of hazards) which are in plain view. Other-than­ serious hazards which are abated immediately, as observed by the compliance officer, shall be noted in the case file and not cited.
     
  6. If during the walk-around the compliance officer discovers hazards/violations related to the four focused areas, the focused inspection shall be suspended and immediately converted to a comprehensive inspection of the worksite. Thereafter, all hazards/violations identified shall be classed as apparent violations.
     
  7. If during the walk-around the compliance officer determines that the number of serious and other-than-serious hazards found on the site indicates that the safety program is ineffective or is ineffectively implemented, then the inspection may be expanded to a comprehensive inspection.
     
  8. A jobsite determined not to be eligible for a focused inspection shall receive a comprehensive inspection.
     
  9. All construction projects shall be considered for focused inspections irrespective of the size of project, number of employers, employees or dollar value or work.
     
  10. The Chief, MOSH Services, shall be responsible for implementation of this initiative.

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