NFIB

Surviving an OSHA Inspection
03/ 28/ 2002

By Brenton D. Soderstrum

While inspections by the Occupational Safety and Health Administration, or OSHA, can be unnerving, small business owners can take many steps to help themselves before an OSHA inspector ever shows up at their front door. Doing so can save businesses a lot of time and headaches.

First, establish an effective safety and health program. Then communicate that program to employees. Give them a written program that provides the policies, procedures and practices to protect them from occupational safety and health hazards.

After you've established a plan, put it into motion. It's not enough to have a plan written on paper, and it does no good if it isn't followed. Provide safety and health training for all personnel who could face the hazard. To encourage employee participation, reward employees who maintain a safe work environment. Just the same, correct those who do not. Spell out a disciplinary program with consequences for employees who violate safety rules at your workplace.

Regular self-inspections are another important step in the process, because it ensures that employees are following through on instructions. Review prior injuries to determine how they happened and how to prevent them in the future. Make sure you have employees who are able to render first aid on the site and that adequate first aid supplies are always available. Check all maintenance operations on site to make sure ventilation is operating properly.

Remember that documentation is crucial to your company in every occupational safety and health matter. When employees receive safety training, have them sign a sheet that describes the information they received. Keep those sheets in your records. Properly document any safety-related disciplinary action to better protect the company in the event that a future incident draws OSHA scrutiny.

When you've done all this, you can rest assured you'll be fine if and when an OSHA inspector arrives. And if one does, here are a few tips on dealing with the visit.

First, decide whether you are going to require the inspector to obtain a search warrant. Requiring a warrant can give you time to make corrections if you have a problem that can be quickly resolved. It can also allow you time to do a quick review of the worksite to determine whether it complies with all OSHA regulations.

But there are disadvantages to the approach. Forcing the inspector to take the extra steps of obtaining a warrant is likely to result in a more thorough inspection. And, if your company has a reputation for requiring a warrant, OSHA inspectors will come prepared with one in hand.

Before an inspector begins, he or she will describe the scope of the inspection. It could include interviewing employees, physically inspecting the workplace and reviewing records. The inspector will look to see if your company has a safety and health program. He or she will want to know about any safety training. Answer questions about specific programs by providing written copies of policies, procedures and practices.

All safety and health programs should be in writing, but if they are not you should tell the inspector what is required of employees. Emphasize that your safety and health program is enforced with discipline.

Ask if the inspection is a random visit or the result of an employee complaint. Inform the inspector of any concerns or trade secrets that may be viewed in your workplace. Accompany the inspector during his or her inspection so you can photograph (or preferably videotape) everything that is inspected.

After the review, the inspector will provide a general description of any hazards, but will not offer specifics about citations. Study your photographs or videotape and update any and all violations brought to your attention. OSHA will send citations in the mail if the company is found to be in violation of regulations. You will have 15 working days to participate in an informal conference or file your notice of contest.

Following these steps won't turn an OSHA inspection into a fun experience. But they will help you protect workers' safety and reduce the amount of energy, money and time you'll spend to comply with workplace regulations.

Brenton D. Soderstrum is a member of the Brown, Winick, Graves, Gross, Baskerville & Schoenebaum law firm in Des Moines. He represents clients on OSHA matters, construction issues and litigation.

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