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Tips
- 1. 10 TIPS –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– For Your OSHA Inspector Visit
- 2. THE OSHA INSPECTOR IS HERE-‐NOW WHAT? TEN TIPS The idea of an OSHA inspector arriving at a place of business to conduct an inspection is unnerving for most employers. With the prospect of citations having monetary penalties and the time involving employees, my years as an OSHA inspector has given me insights into some tips employers can use to help themselves. 1. Develop a written company safety program meeting OSHA requirements. Doing this and having it available when OSHA inspects can go a long way to starting the inspection off on a positive note. 2. In your company safety program, make sure it contains minutes of employee and management safety committee meetings. Make sure your company has a procedure in place on what to do when an OSHA inspector arrives. Select company representatives that are versed in safety and who will handle document requests from OSHA. 3. When OSHA arrives on site, I recommend that do you not demand a warrant. I fully realize it is your right, but in over 700 OSHA inspections I was involved in, only one employer requested a warrant. This generated “lively” discussions between OSHA management and the employer. Do you really want to make the local OSHA office curious? (Read my article on my profile “The OSHA inspector is here, now what?”). 4. Ask the OSHA inspector what the purpose of the inspection is. If it is a complaint item, this could possibly limit the scope of the inspection. 5. After the OSHA inspector arrives, send for your company appointed representatives you have trained and selected to participate in the Opening
- 3. Conference. The selection of company representatives is very important. There is a space in the OSHA inspector’s report for “delays in conducting inspection” and “unusual circumstances” if there was a “negative employer attitude”. I would advocate against making the inspector too curious. 6. During the walkaround portion of the inspection, your company representatives should be noting anything the OSHA inspector notes. 7. During the walkaround portion of the inspection, have company representatives take photos of anything that the OSHA inspector notes. This practice will help your company during the closing conference; informal conference and if citations are contested. 8. The OSHA inspector will probably request to interview a random number of employees privately concerning safety conditions. In 700 inspections I have conducted, one employer insisted on being present during the interview. I realize there are court decisions that permit this if it is “consensual” on behalf of the employee and employer, but do you want the OSHA inspector paying enhanced attention to safety conditions relating to your company? 9. Closing conference: the OSHA inspector may summarize what conditions may lead to citations being proposed. This is your first opportunity to use your notes to cite such items as perhaps why there is no employee exposure to the condition. Decorum is very important during the closing conference-‐there is a space in the OSHA report for “unusual conditions” such as “negative employer attitude”. 10.Your notes taken during the inspection and any photos can support your position during any contest of the citations with the OSHA Solicitor. The
- 4. OSHA Solicitor has more citation settlement authority than a Regional OSHA Office. Please refer to my article on my profile page (linkedin). ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Paul McNeill, CSP/CHST & retired OSHA inspector (now working in the safety department of a large company) As time and schedule permit, I work with Private Clients in the New York area, conducting mock OSHA Inspections. LinkedIn: http://www.linkedin.com/in/safetyyoda Twitter: @safetyyoda Email: postalpaul5@hotmail.com Phone: 914-815-3669