CONTACT:
Jack Loughran
Buchanan Public Relations
610.649.9292
jack@buchananpr.com
Philadelphia – February 17, 2009 – For employers, a visit from the Occupational Safety and Health Administration (OSHA) can be unwelcome and unsettling, but it need not be. By planning and preparing in advance, companies can minimize their discomfort over the pending inspection and obtain more control over the event, which might lead to fewer violations, if any, according to Pepper Hamilton LLP, a multi-practice law firm.
The first step is to determine which documents OSHA requires kept on location. The following are typical, but needs vary by location, and this list is not exhaustive:
- the company’s Injury and Illness Prevention Plan (IIPP) and all supporting documentation
- OSHA Logs (300, 300-A, 301, etc.)
- Lockout/Tagout Procedure
- Emergency and Fire Plans
- Respiratory Protection Plan
- Hearing Conservation Program
- Hazard Communication Program
- Material Safety Data Sheets.
“Many inspections follow employee complaints or reported accidents. But before 1996, your workplace could be inspected solely because of the nature of your business (for example, steel manufacturing),” said Gregory S. Narsh, an attorney with Pepper Hamilton LLP. “In 1996, OSHA established the Data Collection Initiative (DCI), through which OSHA collected injury and illness information from more than 80,000 employers in selected industries.
“A ‘programmed’ OSHA inspection can be triggered by your (or your industry’s) answers to the DCI survey,” said Narsh. ‘“Non-programmed’ inspections may follow a serious event (a fire, explosion, etc.), a fatality, or complaints or referrals regarding your work site.” Regardless of the kind of inspection, plant managers can increase their comfort level if they:
- Always have someone trained and designated to talk with and escort the inspector around the facility. Make it company policy that the designated person and/or the plant manager be informed prior to beginning the tour.
- Have the required OSHA documents available, isolated from proprietary or confidential information and in a form easily presented to the inspector.
- Anticipate issues and, if possible, prepare responses.
- Control the inspector’s route through the facility and how information is communicated to the inspector.
- Proactively ask about the inspector’s concerns during the inspection and, if possible, correct deficiencies immediately or, when appropriate, explain why an apparent deficiency is not worthy of a formal citation.
- Don’t feel pressured. If asked a question or requested to provide a document that you are unsure of or uncomfortable about, stop and take the time to consult a superior, an attorney, etc.
- Don’t volunteer or admit non-compliance. You should cooperate with the inspector and should seek and correct any safety or health issues. But it’s generally not prudent to volunteer information that is not requested. Also, because determining a violation may need legal and technical analysis, don’t admit to alleged violations during the inspection.
“OSHA inspectors have the right to inspect any part of the facility, to request copies of any documents required by OSHA regulations to be kept, and they have the authority to interview employees without management present,” said Narsh. “So first, choose a route that exposes the least amount possible to inspection (if the inspector is there to see a specific area). Secondly, know the required documents for your facility and isolate them from other documents, and finally, establish and maintain the best working relationship possible with employees.”
“While an employer can refuse access to the facility and demand an administrative search warrant, this is rarely recommended, since a warrant isn’t hard to obtain,” said Narsh. “It is generally best to cooperate with OSHA—consider the reason for the inspection—but you do have rights and you can refuse certain requests.”
Ellen R. Wright is a senior paralegal with Pepper Hamilton. She assists with matters involving environmental, safety and health issues. Ms. Wright can be reached at 313.393.7412 or wrighte@pepperlaw.com.
Gregory S. Narsh is of counsel with Pepper Hamilton. He concentrates in environmental, safety and health matters. Mr. Narsh’s practice focuses largely on regulatory, compliance and administrative matters, but also includes administrative litigation. He can be reached at 313.393.7362 or narshg@pepperlaw.com.
About Pepper Hamilton
Pepper Hamilton LLP is a multi-practice law firm with more than 500 lawyers in seven states and the District of Columbia. The firm provides corporate, litigation and regulatory legal services to leading businesses, governmental entities, nonprofit organizations and individuals throughout the nation and the world. The firm was founded in 1890.
