Changes to encourage self-audits, not inspire fear
These are some highlights of the policy changes regarding self-audits, announced recently by the Occupational Safety and Health Administration.
1. No routine requests for voluntary self-audit reports.
OSHA will not routinely request voluntary self-audit reports at the initiation of an inspection. It will not use such reports as a means of identifying hazards to focus on inspection activity. However, if the agency has an independent basis to believe that a specific safety or health hazard warranting investigation exists, OSHA may exercise its authority to obtain the relevant portions of voluntary self-audit reports relating to a hazard.
2. Safe harbor — no use of voluntary self-audit reports as evidence of willfulness.
A violation is considered willful if the employer has intentionally disregarded a requirement of the Occupational Safety and Health (OSH) Act, shown reckless disregard of whether it was in violation of the act, or demonstrated plain indifference to employee safety and health. Consistent with the prevailing law on willfulness, if an employer is in good faith responding to a violative condition discovered through a voluntary self-audit and OSHA discovers the condition during an inspection, OSHA will not use the voluntary self-audit as evidence that the violation is willful.
This policy is intended to apply when the employer, discovering a violative condition through a voluntary self-audit, promptly takes diligent steps to correct the violation and provides effective interim employee protection where necessary.
3. Good faith penalty reduction.
Under the OSH Act, an employer’s good faith normally reduces the amount of penalty that would be assessed for a violation. OSHA’s Field Inspection Reference Manual provides up to a 25% penalty reduction for employers who have implemented a safety and health program, including self-audits.
OSHA will treat a voluntary self-audit that results in prompt action to correct violations found, as well as steps to prevent similar violations, as strong evidence of an employer’s good faith with matters covered by the voluntary self-audit. The policy will not apply to repeat violations.
For more information, contact:
• Ross Eisenbrey, Director of Policy, Occupational Safety and Health Administration, 200 Constitu-tion Ave., Room N-3641, Washington, DC 20210. Telephone: (202) 693-2400. E-mail: Ross. [email protected].
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