Failing to comply with Occupational Safety & Health Administration regulations can land a small business owner in hot water and lead to an inspection of workplace safety practices.

1. How to Prep for and Handle an
OSHA Inspection
Failing to comply with Occupational Safety & Health Administration regulations
can land a small business owner in hot water and lead to an inspection of
workplace safety practices.
But if an event happens at work that triggers a visit from an OSHA compliance
officer, a small business can save a lot of time and money, and even minimize
liability by being fully prepared.
Tressi Cordaro, attorney at Ogletree, Deakins, Nash, Smoak & Stewart in
Washington, D.C., said small businesses tend to overlook taking the proper
precautions to prepare for an inspection.
"There are benefits to prepping ahead of time, and knowing how to handle OSHA
when they do come in," she said.
Many large businesses fall into this same category, she continued, and don't
realize how important it is to protect your business during such an investigation
and potential citation.
"The goal is that by prepping in advance, the employer can assert some measure
of control over the inspection process and may be able to reduce OSHA and
other liabilities," she said.
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2. Here are some of the steps Cordaro said business owners should take when
facing an OSHA inspection:
Before the inspection:
Business owners should assess the workplace and prepare a plan before the
inspection. The plan should address what hazards currently exist in the
workplace and what personal protective requirements are in place.
"Do you need respirators, eye glasses, gloves or hardhats? What other hazards
might your workers be exposed to?"
She also advised owners read through the credentials of the Compliance Safety
and Health Officer (CSHO) and learn the purpose of the inspection. If applicable,
higher management or company counsel should be informed of the inspection.
Once the workplace is assessed, make sure your employees are well versed in
the potential risks posed to their health and the precautions the company has
taken to protect them.
According to Cordaro, small business owners can either consent to the
inspection or request that the compliance officer seek a warrant. However she
warned it’s usually not in a business’s best interest to ask to have OSHA seek it.
“OSHA may be there only to inspect one aspect of the workplace, and if you ask
for an official warrant, you are essentially opening up the rest of the workplace for
investigation.”
During the inspection:
The assigned person from the company should shadow the OSHA compliance
officer at all times, advised Cordaro, and he or she should take the same photos
and measurements as the officer. The officer will be allowed to ask employees
questions as part of the investigation, however if it is disruptive to the normal
work process, the business representative can step in, she said.
"During these interviews, (management) employees are allowed to have an
attorney or other management official present."
Also know your own rights, Cordaro said. Employers are not required to provide
documents to OSHA, such as training documentation, safety programs, unless
those documents are subpoenaed. The exception is an employer's injury and
illness record keeping documents. However, its best if employers cooperate with
OSHA and simply ask OSHA to put a request for documents in writing, so that
there is no confusion about what documents were sought or provided during the
investigation, she said.
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3. After the inspection:
Cordaro advised companies limit what information they give to the inspector to
only materials that are requested. They should ask specifically why an apparent
violation exists, and should not agree or admit to anything about hazardous
conditions.
With that said, it’s not a good idea to argue with the officer. After the inspection,
there will be a closing conference with a compliance manager who will review
what they saw. After the conference ends, OSHA has six months to issue
citations, Cordaro said.
"Once you get the citation, you have 15 working days to contest the citation," she
said.
If OSHA shows up on your site.
Contact Neil Trenerry
Cell 925-752-4843
Wrap Administration  Risk Management & Loss Control  Certificate Tracking  Construction - Public & General Industry Safety
Please contact Neil Trenerry CESSWI Lic#2956: (888)-240-4431 Ext 17