Is your company prepared for an OSHA Inspection? This webinar, sponsored by Compliance Solutions, is led by industry experts with experience on BOTH sides of an audit! Get the tools you need to survive an OSHA Inspection! Enjoy our first webinar Surviving an OSHA Inspection! Topics include: 1. What is OSHA really looking for? 2. The reasons why OSHA will target your company for inspection 3. What industries are most likely to trigger an OSHA inspection 4. The best way to prepare for an inspection 5. What should I do if I get a citation? 6. Key strategies you can use to protect your company 7. Keys to a successful osha inspection And more! DISCLAIMER: The information presented in this web recording are the opinions of the individuals presenting and not Compliance Solutions, it's management, or owners. Compliance Solutions is not a law firm or a Safety Consultant, nor do we represent OSHA. The information presented is only intended to be used for educational purposes. All questions or concerns of a legal nature should be referred to competent counsel. For more information on Health and Safety or to get OSHA, EPA, DOT, or RCRA Training Visit: https://csregs.com/

1. Slide
Webinar:
“Surviving an
OSHA Inspection”
1
A BASIC UNDERSTANDING
© 2022 - Compliance Solutions Occupational Trainers, Inc. | WEB-SH-22-001

2. Slide
Overview
2
• Most employers know about
OSHA and what they do…
• Yet, fear and stress exists
about OSHA Inspections,
• Misunderstandings and
uncertainties...
• A “primer” on the basics of an
OSHA Inspection
• Intended to clear up confusion
• Employers can eliminate
fears, and face compliance
requirements confidently!

3. Slide
Webinar Outline
3
In Part I, we will discuss:
1. Likelihood of, and Reasons for,
an OSHA Inspection
2. What to Expect, Do, and Not Do
during OSHA Inspection
3. Main Parts of OSHA Inspection
4. Employer / Employee Rights
5. Difference between
Managers/Supervisors and
“Regular” Employees
6. Fundamental Principles /
Takeaways

4. Slide
Webinar:
“Surviving an
OSHA Inspection”
PART I: WHAT IS OSHA GOING TO DO?

5. Slide
1. Reasons for, and Likelihood of, an OSHA Inspection
5
OSHA Inspectors are few, relative to
workers / workplaces
• Yet, ever-increasing enforcement
• Federal OSHA, with State OSHA
partners: 1,850 inspectors
• 130 million workers in US
• Over 8 million worksites in US
• About 1 compliance officer for
every 70,000 workers.
• OSHA has to prioritize!

6. Slide
1. Reasons for, and Likelihood of, an OSHA Inspection
6
Federal OSHA:
• Late 1970s: ~1,600 2
• 1980: 1,469 3
• 2009-2011: 1,059 1
• 2011-2015: 943 1
• End of FY 2021: 750
OSHA is Hiring!
• FY 2018: 76 1
• FY 2020: 72 2
• FY 2021: 93 2
• FY 2022: 115 2
Congress proposing “hiring spree”
• Double current Inspectors by
2024
2

7. Slide
Priorities that Trigger OSHA Inspections
7
Current Inspection Priorities for OSHA:
1. Imminent Danger situations –
“Rapids”
2. Severe Injuries and Illnesses –
Serious Injury Reports (SIRs), or
“Reportable” incidents:
• FATs/CATs
• Hospitalizations
• Amputations
• Loss of an Eye
3. Complaints
4. Referrals
5. Targeted, or Programmed,
Inspections – SSTs, NEPs, REPs,
LEPs
6. Follow-Up Inspections
Source: FOM, P. 2-4.

8. Slide
Priorities that Trigger OSHA Inspections
8
1. Imminent Danger:
• Referred to as “Rapids”
• Usually from calls into OSHA
• Triggers a “Rapids” Inspection!
• 2 Inspectors for Rapids duty
every day!
Most Common*:
• Workers at Heights (Roofers!),
w/o Fall Protection
• Trenches/Excavations, w/o
cave-in protection
• Concrete/stone cutting or
breaking, w/o dust
suppression and/or
Respiratory Protection

9. Slide
Priorities that Trigger OSHA Inspections
9
2. Severe Injuries and Illnesses
(SIRs):
• “Reportable” Incidents
1. FATs/CATs –
Fatality/Catastrophe* (8
Hrs.)
2. Hospitalization (24 Hrs.)
3. Amputations (24 Hrs.)
4. Loss of an Eye (24 Hrs.)
Notes:
• Employers call or submit online
reports
• OSHA generates a Rapid
Response Investigation (RRI)

10. Slide
Priorities that Trigger OSHA Inspections
10
3. Complaints:
• Basic right of employees
• Current or ex-employees
• General Public may also
complain!
• Current employees only –
can request an Inspection
(“Formal Complaint”)
• Most complaints
investigated “remotely”
• “Inadequate response”? -
usually turns into Onsite
Inspection

11. Slide
Priorities that Trigger OSHA Inspections
11
4. Referrals:
Source of complaint is:
• Another agency
• Organizations
• Unions
Examples:
• OSHA Whistleblower Program
• Police Dept. / Fire Dept.
• Colorado Dept. of Public Health &
Environment (CDPHE) – COVID-19
outbreaks, etc.
• Colorado Dept. of Labor &
Employment (CDLE) – Wage &
Hour, Overtime, Breaks,
Restrooms, etc.

12. Slide 12
NEPs, REPs, LEPS – Emphasis Programs that Trigger OSHA Inspections
5. Targeted or “Programmed”
Inspections
• Usually from an Emphasis
Program
Could be:
• National (NEPs)
• Regional (REPs) / Local (LEPs)
• Emphasizes a particular hazard
• Procedures for inspections
• Site-Specific Targeting (SSTs)
• Based on OSHA 300A Logs
• Elevated rates (DART)
• Comprehensive in scope

13. Slide 13
NEPs, REPs, LEPs – Emphasis Programs that Trigger OSHA Inspections
Common Emphasis Programs:
• Trenching and Excavation (NEP)
• Fall Hazards in Construction
(REP) – Roofs, Scaffolds
• Crystalline Silica (NEP) –
• Amputations in Manufacturing
(NEP)
• COVID-19 (NEP)

14. Slide 14
NEPs, REPs, LEPs – Emphasis Programs that Trigger OSHA Inspections
Current National Emphasis
Programs:
1. Combustible Dust
2. Coronavirus (COVID-19)
3. Hazardous Machinery -
Amputations in Manufacturing
4. Hexavalent Chromium
5. Lead
6. Primary Metal Industries*
7. Process Safety Management
(PSM)
8. Shipbreaking
9. Crystalline Silica
10. Trenching and Excavation

15. Slide
NEPs, REPs, LEPs – Emphasis Programs that Trigger OSHA Inspections
15
Current Regional/Local Emphasis Programs
(Region 8 as example; check your local
Region):
1. Aircraft Support and Maintenance
2. Scrap and Recycling Industries
3. Asbestos Abatement Industry
4. Wood Mfg. and Processing Facilities
5. Noise Induced Hearing Loss
6. Automotive Services
7. Beverage Manufacturing
8. Grain Handling Facilities
9. Roadway Work Zone Activities
10. Oil & Gas Industry
11. Workplace Violence (Developmental
Disability Facilities)
12. Fall Hazards in Construction
13. Silica in Cut Stone and Slab Handling

16. Slide
Priorities that Trigger OSHA Inspections
16
6. Follow-Up Inspections:
• Normally not conducted with
evidence of abatement
• Area Director (AD) has Discretion
• If violations were corrected
• Verify information in Remote
Investigations or RRIs
• SIRs - Randomized selection of closed
RRIs
SVEP: Severe Violator Enforcement
Program:
• Willful, Repeated, Failure-to-Abate
• “Enhanced Follow-up Inspection”

17. Slide
2. What to Expect, Do, and Not Do
17
Before the Inspection:
• OSHA Inspector(s) arrive
• Announce themselves
• Present Credentials
• Ask for person(s) designated
for Safety & Health
• Safety Manager
• HR/Risk Management
• Can wait for designated
personnel (no more than 1
hour)

18. Slide
2. What to Expect, Do, and Not Do
18
Do’s / Don’ts:
• Logical; “common sense”
• “Be polite, Don’t antagonize…”
• But…should you refuse entry?
Refusal of Entry:
• Usually not a good idea…
• Gets Warrant, returns soon
• Raises doubt - “hiding something”?
• Could make Inspector “look harder”…
YET, is Employer’s Right, and Decision
• May be a good move, if you know
serious violations are present
• BEST Option? Be Prepared

19. Slide 19
3. Main Parts of an OSHA Inspection
3 Main Parts of an
OSHA Inspection:
1. Opening
Conference
2. Walkaround
3. Closing
Conference
(a.k.a. “1st Closing
Conference”)

20. Slide
3. Main Parts of an OSHA Inspection
20
1. Opening Conference:
OSHA Inspector (Compliance Safety and
Health Officer, or “CSHO” – “cóh-sho”)
normally explains:
• Reason
• Scope
• Partial
• Comprehensive
• Inspection Process
• Employer and Employee Rights
• Employee protections from retaliation
(“Whistleblower Protection”)
• Document Request - OSHA 300 Logs,
Safety and Health Plans…

21. Slide
3. Main Parts of an OSHA Inspection
21
2. Walkaround:
• The “actual Inspection”
OSHA Inspector will normally:
• Only inspect area(s) of
interest (if partial)
• Inspect establishment-at-
large (if comprehensive)
• Take video and/or photos
• Interview employees
(privately)
Note: “Plain view” violations
always “fair game”
• May expand scope

22. Slide 22
3. Main Parts of an OSHA Inspection
3. Closing Conference:
OSHA Inspector now:
• Explains and describes any
violations noted
• Answers questions about the
violations
• Offers advice on abatement
• Explains next steps and timelines
• Suggests Employer request an
Informal Conference*
• Reminds Employer again of
employee protections

23. Slide
4. Employer and Employee Rights During an OSHA Inspection
23
Employer Rights During an OSHA
Inspection
Employer has right to:
• Opening/Closing Conference,
Walkaround Representatives:
• Safety/Health personnel
• Safety Consultant
• Legal Counsel
• Employee Representative
• “Side-by-side” pictures and/or
video
• Employer Representative and/or
Legal Counsel during Managerial
employee Interviews

24. Slide
4. Employer and Employee Rights During an OSHA Inspection
24
Employer Rights During an OSHA Inspection
However:
And also:

25. Slide
4. Employer and Employee Rights During an OSHA Inspection
25
Employee Rights
Non-Managerial/Non -Supervisory
employees:
• File complaint with OSHA
• Request OSHA Inspection (current
EEs only)
• Talk to OSHA Inspector / be
interviewed, in private
• Exercise safety and health rights
without retaliation
• Union/Employee Representative
present, if desired
• Have their personal attorney
present, IF…………….…

26. Slide
5. Difference Between Managers/Supervisors and Regular Employees
26
It is normally understood that:
• “Regular” (“hourly”) employees lack
authority for creating or
implementing safety policy
• “Management” has authority for:
• Formulating and Creating safety
policies
• Implementing safety policies
• “Supervisors” normally “promulgate
and carry out” safety policies from
Management
• Both Managers and Supervisors’
statements may “bind Employer”
• Their actions / statements normally
attributed to “the Employer”

27. Slide 27
5. Difference Between Managers/Supervisors and Regular Employees

28. Slide
6. Fundamental Principles/Takeaways of OSHA Inspections
28
OSHA, in principle, does NOT seek to:
• Deceive, or take advantage of Employers
• Deny anyone the benefits of information,
resources, Counsel, etc.
• “Lead employees into making statements”
MOST OSHA documents openly available to
PUBLIC
• That’s how “OSHA Attorneys” learn “the
rules that OSHA plays by”
OSHA “plays by the rules” for its Mission
• Are you FOR, or AGAINST, that Mission?
• Does OSHA’s Mission…threaten you?
• Your position determines your demeanor,
and it shows…

29. Slide
Webinar:
“Surviving an
OSHA Inspection”
PART II: WHAT CAN YOU OR A SAFETY
CONSULTANT DO FOR YOU?

30. Slide
Webinar Outline
30
In Part II, we will discuss:
1. Are Attorneys and Legal Counsel
“allowed”?
2. Is a Safety Consultant “allowed”
on Behalf of Employers?
3. What can a good Consultant do
for you?
4. Does Safety Consultant Absolve
Employer from Liability with
OSHA?
5. Expert Advice: Saves Time,
Money; Eliminates Uncertainties,
Fears and Stress
6. What is THAT Worth? The Value
of Good Safety and Health Advice

31. Slide
1. Are Lawyers or Legal Counsel “Allowed”?
31
Are Lawyers or Legal Counsel
“allowed”?
• Short answer is “yes”, but why?
• An entire cottage/boutique
industry dedicated to “OSHA
Attorneys”
• It is absolutely your legal right to
have counsel present…
• OSHA will never impede that…
• Do lawyers benefit the
Employer?
• Do Employees need, or benefit
from, Legal representation? Do
they need protection from
OSHA?

32. Slide
2. Is a Safety Consultant “allowed” to work on behalf of Employer?
32
Is a Safety Consultant “allowed”
on behalf of the Employer?
• ABSOLUTELY!
• It’s the same as having a
doctor, an accountant, or auto
mechanic
• Many employers don’t have
time or bandwidth to dedicate
resources to become
knowledgeable
• Should OSHA visit, a
competent safety consultant
will be instrumental

33. Slide
3. What can a good Safety Consultant do for you?
33
What can a good Safety
Consultant do for you?
• Be knowledgeable and
experienced in your
operations and industry
• Be proactive in your
compliance and be a
valuable safety partner to
you for your business
• Conduct audits to assess
your compliance
• Courteous… but candid,
regarding compliance

34. Slide
3. What can a good Safety Consultant do for you?
34
What can a good Safety
Consultant do for you?
• They should not tell you
what you want to hear, but
what you need to hear
• Guidance on creating or
revising:
• Safety and Health
Programs and Plans
• Safety Training
• Training
Documentation
• Saves you time, money,
guesswork!

35. Slide
4. Does a Safety Consultant Absolve the Employer from Liability?
35
Does a Safety Consultant
Absolve the Employer from
Liability?
• ABSOLUTELY NOT
• Responsibility remains with
the Employer!
• Regardless of work being
done internally, or by
“external” consultant

36. Slide
5. A Winning Strategy: Expert Advice Saves Time, Money; Eliminates…
36
A Winning Strategy:
Expert Advice
• Saves Time
• Money
• Eliminates Uncertainties, Fears
and Doubts!
• Future OSHA visits
• Additional citations, fines
• Losing money due to other
parallel financial burdens
If you have a good safety
consultant, and are meeting all
requirements… should you be
worried?

37. Slide 37
6. What is THAT Worth? The Value of Good Safety and Health Advice
Expert Advice… How Much is That
Worth?
• Improves employee morale (feel
you really care about their safety)
• Improves employee productivity
• Improves quality of
services/goods
• Improves recruitment and
retention
• Improves company
image/reputation
• Peace of mind!
In other words:
• IT’S PRICELESS

38. Slide
Webinar:
“Surviving an
OSHA Inspection”
38
PART III: WRAP-UP, Q&A, FURTHER STEPS...

39. Slide
Webinar Outline
39
In Part III:
1. Best Strategy:
Contesting Citations, or
Simple Compliance and
Prevention?
2. Lessons Learned:
Principles for Success in
OSHA Inspections
3. Q & A
4. Further Steps…

40. Slide
1. Best Strategy: Contesting Citations, or Simple Compliance/Prevention?
40
The “Must Fight OSHA” Approach:
Benefit of Legal Counsel, per se, is
never a bad idea, but…
• Some suggest that “..having
OSHA Attorney is a ‘must’”
• Follows premise that “OSHA is
the enemy”
• Negative OSHA stereotypes…
• This could shape an Employer's
approach… and appearance!
• Defensive?
• Deceptive?
• Hostile?

41. Slide
1. Best Strategy: Contesting Citations, or Simple Compliance/Prevention?
41
Another Approach: “Ignore OSHA!”
• “Don’t worry about it!”
• “OSHA won’t show up…they’re too
busy!”
• “OSHA fines are among the lowest…
just a slap on the wrist”
“Unscrupulous employers often
consider it more cost effective
to pay the minimal OSHA
penalty, and continue to
operate an unsafe workplace,
than to correct the underlying
health and safety problem…”
-- Dr. David Michaels
Assistant Secretary for OSHA
2009-2017

42. Slide
1. Best Strategy: Contesting Citations, or Simple Compliance/Prevention?
42
Perhaps the best approach:
Simply…
• Find out what the safety
requirements are… and
just…
• Comply!
• Some say: “Compliance
costs”
• But…“Lack of Compliance
…costs more!”
• Could that same effort be
better spent on… simply
complying with the
requirements?

43. Slide 43
2. Lessons Learned: Principles for Success in OSHA Inspections
Suggested Principles for Success:
• Don’t wait for Inspection to confront
Compliance
• Start now to proactively prepare
• Designate internal personnel, or an
“outside” safety consultant
• Assess compliance candidly:
• Identify - all requirements
• Analyze - if meeting requirements
• Remedy - Implement procedures
to satisfy unmet requirements

44. Slide 44
2. Lessons Learned: Principles for Success in OSHA Inspections
Webinar “Takeaways”:
1. OSHA likely to show up…sooner or later…
2. Yet, OSHA is not some enemy
• OSHA “plays by the rules of its
Mission”
3. OSHA eventually inspects and finds
things out anyway…
4. Cooperation the best approach
5. Decide to not hide anything
6. Decide that true safety and compliance is
the wisest approach
7. Commit to, and invest in, total
compliance
8. Compliance yields peace of mind; frees
you to pursue your business!

45. Slide
3. Q & A Time
45
• Any Questions?

46. Slide
Further Steps…
46
• Training and documentation - key
areas of Compliance routinely
inspected by OSHA
• Among OSHA’s Most Frequently
Cited (MFC) Violations each year
• Compliance Solutions can help you:
• Identify training needs
• Recommend courses to meet
those needs
• Provide training in various modes
• Provide certifications and
documentation

47. Slide 47
Who We Are…

48. Slide 48
What We Do…

49. Slide 49
What Makes Us Different…

50. Slide 50
How Can We Help?...

51. Slide 51
Contact Us…

52. Slide
Webinar:
“Surviving an
OSHA Inspection”
52
THANKS FOR ATTENDING!