WISHA Interim Operations Memorandum #96-2-L

WISHA Interim Operations Memorandum
#96-4-A
Citing Repeated and FTA APP Violations

Approved:
Michael Wood, Senior Program Manager
Policy & Technical Services

Date Issued:
February 26, 1996

Background

The question periodically arises as to how to best handle violations discovered by a CSHO supervisor or other senior CSHO who has conducted a spot check on the work done by a CSHO in a particular inspection. Although the previous WISHA Operations Manual included language related to such spot checks (V-M-1), it provided no guidance with regard to whether hazards identified by such spot checks should be cited. The current WISHA Compliance Manual omits the previous language related to spot checks as being separate and distinct from the compliance process itself.

Spot checks are one means of quality control that can be used by a WISHA supervisor in checking the ability and performance of an inspector or consultant. As such, they do not themselves represent an inspection (or a consultation) and, indeed, they need not be limited simply to a review of the hazard assessment itself.

Questions related to the extent of spot checks and their frequency are beyond the scope of this interim memorandum, which focuses on ensuring the abatement of any serious hazards identified during the spot check and which will remain in effect until appropriate guidance can be provided in one of the WISHA Operations Manuals.

Policy

1. No employer shall be cited as the result of a supervisory spot check of an inspector's previous inspection; if a WISHA violation was not identified as part of the original inspection, the subsequent spot check (not in itself an inspection) shall not be considered sufficient to issue a citation;
2. Employers shall be notified of any WISHA violations identified during the spot check but not identified during the inspection itself;
3. Employers shall be told that any serious WISHA violations must be corrected and shall be subject to appropriate follow-up; if it is determined appropriate by the CSHO supervisor, a follow-up inspection may be assigned and scheduled using normal inspection procedures. Under no circumstances shall such a follow-up inspection be scheduled until after the employer has had sufficient time to abate any hazards identified during the spot check.