Legal Ease OSHA Inspections – What to Expect By Richard D. Alaniz C


entral to OSHA enforcement is workplace inspections. They can be initiated because of routine


inspection programming, as the result of an employee complaint, or as part of a workplace accident investigation. While an employer may not have control over why or when an inspection is to take place, they have a great deal of control over its results. Proper planning for an eventual OSHA inspection can mean the difference between a clean bill of health or multiple citations and their attendant fines.


Preparation For Inspection The first prepatory steps should be taken well before there is even notice of a possible OSHA investigation. If there is not a Safety Manager on staff, a responsible senior manager should be designated as the point person for responding to an inspection notice. Before OSHA visits your facility be sure


that all required OSHA-related


posters are posted. When the OSHA Compliance Officer appears at the plant for the inspection, often at a date and time agreed upon in prior discussions, he/she should be referred to the designated manager who should verify the officer’s credentials. The inspector should not be granted access to any part of the plant prior to meeting with the designated manager.


The Inspection There will be a brief opening conference during which the reason and scope of the inspection should be established. At this opening conference, the OSHA inspector will also usually request the OSHA 300 log, Form 301, and Form 300A. OSHA regulations require that these forms be provided within eight (8) hours of their request. There is no reason to risk a citation and monetary fine for failing to provide them in a timely manner especially since they are all required to be maintained. The Compliance Officer will also request


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any required or voluntary written safety plans or programs, as well as all employee training records on such programs.


At the opening conference, the management representative should also include an employee(s) that the employer proposes to participate in the inspection, usually a member of the employee Safety Team or Committee. The employee(s) should have been identified previously and been informed of the possibility of an OSHA inspection and their role as an employee representative. The employee should be familiar with the company’s safety policies and programs. If a union represents the workforce, the OSHA inspector will include an employee designated by the union to join in the inspection as the union representative. If the OSHA inspection is in response to a workplace injury, the inspector


will request all documents


related to the incident at the opening conference. This includes any incident reports, witness statements, safety programs and policies, and any policies or procedures related


to equipment,


if any, that may have played a role in the accident. The documents provided should include such information as lock out/tag out procedures for the specific equipment or machinery at issue


and


any training documentation related to the equipment. Once the physical inspection of the


workplace begins, it is important that the management representative document any comments made, or questions asked by the Compliance Officer. Similarly, if the Officer takes photos of any equipment, condition or work area, the company representative should likewise take pictures. While conducting a wall- to-wall inspection generally entitles the OSHA investigator access to any part of the facility, that is not the case where a workplace accident is being investigated. It is in the company’s best interest to restrict the inspection to the specific machinery and work area


involved in the accident.


Employee Interviews One area


regarding inspections that


bears specific emphasis involves the employee interviews that are generally part of any OSHA inspection, especially one triggered by a workplace accident. Employees that are likely to be interviewed, such as those in the same work area where an incident occurred, should be prepared as you would any witness in a legal proceeding. While company counsel has the right to and should be present for the OSHA interviews of any supervisor or manager, that is not the case with employees. Employee witnesses should also be instructed to request a copy of any statement that they sign.


The Closing Conference


At the conclusion of the on-site inspection, the OSHA inspector will normally conduct a brief closing conference with the company representative. Any union representative is generally permitted to attend as well. The OSHA compliance officer will usually explain any citations that they will recommend be issued, any applicable OSHA standards, and potential abatement action to be taken. If a condition that potentially poses an immediate danger to employees has been observed, it is certain to be mentioned so that steps for abatement can begin immediately. The company representative should not be reluctant to ask about the factual basis for any citations that are mentioned. Investigators often share their factual and legal conclusions if asked directly.


Appeal of Citation If OSHA issues any citations as the result of the inspection, the employer has a fifteen (15) working-day period to file a written contest or appeal of the citation(s). The citation(s) and any associated penalties become a final


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