1. How to Handle an OSHA Inspection

2. The Knock at the Door No advanced notice of inspections
Have a plan before they arrive (i.e. who will participate, who to call, etc.)
Notify the office and Bermac immediately. We will make every effort to have someone there within an hour.
OSHA will not come back later but it is not unreasonable for them to wait up to an hour for company representation to arrive.
Compliance Officer (CSHO) should present his/her credentials. You have the right to call and verify them.

3. Opening Conference Determine the purpose of the inspection
Establish the “scope” of the inspection- get a copy of complaint if applicable
Set ground rules for inspection
Don’t volunteer information
Treat the CSHO in a professional fashion
Coordinate onsite contractors and vendors if they need to be involved

4. The Walkaround You have the right to accompany the CSHO
Require the CSHO to comply with company safety rules, including training and PPE where applicable
Take accurate notes on areas reviewed and all discussions and comments from CSHO
Maintain control- limit the areas seen by CSHO as much as possible
Side-by-side pictures, videos, monitoring, etc.
Correct anything that the CSHO finds on the spot if possible

5. The Inspection Interviews Schedule away from production/work areas
Usually in a jobsite conference room or office
OSHA takes the position no management present
Up to employee- it is voluntary for them and they can have an employee representative
Advise employees of their rights, appreciation of cooperation, and to tell the truth
Warning: Employee have whistleblower rights
Tape recording, signed statement, deposition

6. The Inspection Management and supervisor interviews
Always have another manager/counsel present- agent of company
Fatality investigation- attorney should always be present
No tape recording, Signed Statement

7. The Inspection Documentation Recordkeeping Training
Safety & Health Policies
Monitoring results
Medical surveillance
Safety Warnings/Discipline
Preview Safety Audits- only if they ask for them

8. Closing Conference Employer’s opportunity for free discovery
Advise of observed unsafe conditions
Usually brief description of possible violations- no discussion of penalties, classification or abatement dates
Suggest possible corrections
Request photos and monitoring results
Discuss appeal rights
NOT A TIME FOR DEBATE
All document requests from OSHA should be reviewed and approved by Bermac prior to being provided to OSHA

9. Citations In writing Violation described
Timely- must issue within 6 months of the violation
Proposed penalty specified
Served by certified mail
Must post citation for 3 days or until abatement, whichever is longer

10. Current Penalties Other Than Serious $12,675 per violation Serious
Failure to Abate
$12,675 per day beyond abatement date
Willful
Up to $124,790 per violation
Grouping Permitted
Repeat
Egregious
No Grouping

11. Citation Options Agree to citations, pay full penalty
Informal conference/informal settlement
Notice of Contest- 15 working days under Federal OSHA; some state plans have different time period
Formal Settlement
Hearing