Safety Director Training

How to Prepare for an OSHA Inspection James Stanley, President, FDRsafety XXXX XX, 2016

Preparation is critical OSHA has planned ahead for inspections – if you haven’t, you are putting yourself in OSHA’s hands If you are prepared for an inspection, you will be better able positioned to: Keep the inspection from becoming open-ended Limit the information you supply to what is required Preserve your legal rights Minimize OSHA liability

Company Representative Role: To represent company interests during parts of an inspection Selection Safety Director or other high-level manager well-versed in health and safety conditions, OSHA-required recordkeeping Able to be available on short notice (select a back-up just in case) Special selection considerations in inspections resulting from fatality or multiple serious injuries

Company Representative Duties Accompany inspector at all times (possibly except interviews with employees) Attend opening, closing conferences Accompany inspector on walk-around inspection Make notes, and take photographs and videos that mirror those taken by inspector Respond to all document requests Inform employees of right to speak, or not, with inspector Attend all supervisor/manager interviews Keep “partial” inspection from expanding Never admit violations or unsafe practices, but correct observed violations immediately after inspector departs

Opening Conference Purpose: To discuss with inspector what will happen during the inspection Company should: Identify company representative Ask questions Why selected for inspection? May we see the written complaint (if there is one)? Confirm what inspector wants to see and do, timeframe Reach an understanding that inspection will be limited to what is in written complaint or referral Take good notes of everything discussed

Records Requests Ask that OSHA put records requests in writing Make sure required records are properly filled out Produce required records in a timely manner, eg. OSHA 300, 301, 300A Defer requests for non-required documents, so upper management and/or legal counsel can review

Walkaround Inspection The most critical phase of OSHA’s inspection Company representative should be present If not immediately available, ask inspector to wait Employee representative, usually from union, has right to accompany If inspector wants to see areas not related to stated purpose of inspection, company representative should ask why If inspector will take complex measurements -- eg. air contaminants, ergonomic hazards -- employer representative may not have expertise; company should consider designating its own expert

Employee and Supervisor Interviews Many violations are sparked by interviews with employees or supervisors Employees: Under OSH Act, employees have right to speak privately with inspector, or inspector may request an interview Advise employees they have the right to refuse to be interviewed, but be careful not to pressure or coerce them Employees may request a union representative or supervisor to sit in; inspector may resist presence of supervisor Prep employees likely to receive an interview request on what to expect Advise employees to tell the truth Debrief employees after being interviewed by inspector

Employee and Supervisor Interviews Supervisors/Managers Required to take part in interviews if requested Their statements may legally bind company Employer’s representative has a right to be present Prepare supervisors/managers on topics they are likely to be questioned about Interviewees should avoid admitting violations or hazards Supervisors/managers have the right to refuse to be tape-recorded Carefully review any written statements they are asked to sign

Closing Conference Inspector will meet with management to discuss any observed violations Employer should feel free to ask questions, eg. What specific standards are being cited? Is this being classified as a serious or repeat violation? Arguing about the violation is unlikely to be productive Avoid admitting violations or hazards Take good notes about the conference Citations must be posted at worksite when received

Appeal Procedures Employers have 15 working days from receipt of citation to begin contesting it Prior to submitting a notice of contest, employer may request an informal conference with OSHA Area Office to negotiate a settlement Employers may contest the violation, the proposed penalties, the abatement deadline or all three Filing a notice of contest stops abatement deadline until settlement or a final legal order First step is a hearing before an administrative law judge OSHA Review Commission reviews decisions of administrative law judges, further appeals go to U.S. Circuit Court of Appeals

How to prepare for an OSHA Inspection Jim Stanley, President, FDRsafety jstanley@fdrsafety 615-370-1730 www.fdrsafety.com