1. Safety Director Training

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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. How to prepare for an OSHA Inspection
Jim Stanley, President, FDRsafety