Vince Lombardi, the storied head coach of the Green Bay Packers, once said, “The will to win is not nearly so important as the will to prepare to win.” The same can be said about a successful MSHA Inspection. The things we prepare and do ahead of an MSHA inspection will likely have a much greater impact on the inspection results than anything we do once the inspector arrives on site. Try these four tips to help your chances of a zero citation MSHA inspection.
Once it is time for the inspection, always be polite and keep a professional demeanor with the inspector. Remember, the inspector is there in an enforcement capacity. Only talk to inspectors about what they want to discuss.
When answering questions, always use the shortest and most correct information that answers their question. If "Yes" or "No" answers the question, that is sufficient. If you do not know the answer to an inspector's question, your answer should be, "I don't know". Answering questions you think you know the answers to may get you in more trouble.
Beware of the question, "How long has this been like this?" If a supervisor was aware of an existing condition and did nothing to correct it for several days, it subjects the employer to fines up to $220,000 and the manager may be subject to personal fines.
As a reminder, never lie to an MSHA inspector. It is a crime, and the penalty is up to 5 years in prison.
To learn more about preparing for MSHA inspections or ways to stay safe on the job, consult with your BITCO Risk Control Consultant, or find a BITCO agent near you.
Thank you to Mike Mudd, Safety Manager, at RiverStone Group and Chair of the Illinois Association of Aggregate Producers (IAAP) for his contributions to this article.
For information purposes only. BITCO's blog content does not address all potential circumstances and is not a substitute for business, safety, or legal consultation.