Nick Steiner had his first experience with an OSHA intervention many years ago while working as a shop floor employee. Since then, he has worked through multiple OSHA inspections in several states. Today, as a loss control consultant for R&R Insurance, Steiner helps clients prepare for OSHA on-site visits and supports all activities throughout the entire inspection process.

It’s important to understand that inspections don’t just stem from injuries, but they can come in forms of signs of imminent danger, employee complaints and emphasis programs, as well as injury rates, referrals and even follow-up inspections. Most recently, OSHA conducted over 34,000 total inspections annually.

Expectations

Knowing what to expect from an OSHA inspection can help organizations prepare for a visit and potentially reduce their violations and penalties. Preparing for a visit from OSHA begins long before the inspectors come knocking. Steiner advises organizations to take specific steps to prepare.

First, he recommends identifying site-specific OSHA representatives in your organization who fully understand the company’s operations and safety programs. Organizations should also create an OSHA inspection guide, even something as simple as flash cards, as a reference for their staff. 

“This is something to hand out to specific personnel that might be dealing with OSHA, as well as the individual who might be the first contact when OSHA comes on site,” Steiner says. The inspection guide should list the steps to take throughout the entire process.

“Also, make sure that your written programs are up-to-date and reviewed annually. What OSHA likes to do when they come in is to ask for specific documentation,” Steiner says. Compliance officers may ask for OSHA logs from the last five years and information about programs such as HazCom, lockout/tagout, bloodborne pathogens and other programs relevant to the situation.

Although OSHA inspections vary in the details, every inspection follows a similar process. Generally, inspections involve an opening conference, a walk-through inspection and a closing conference. In some instances, organizations know about an OSHA visit beforehand. 

“Although it can happen, I have never been told in advance that they’re coming. It’s always been, ‘Hey, come down here, OSHA’s here,’” Steiner says. 

Let ‘em in

Although the surprise visits can be disconcerting, organizations should welcome the compliance officers and make the best of the situation. 

“Do not deny entry. You do have the right to ask for a warrant, but I will tell you the situation will go a lot better if you just let them in,” Steiner says. 

He advises clients to escort the OSHA Compliance Officers to an office or conference room, without initial visibility of the operations.

“Let them hang out there for a while. Let them know you need to gather your team and ask how much time you have,” he says. During this time, organizations should alert their on-site OSHA representative and management team and address any visible safety issues.

“Advise your team to do a quick walk-through. Make sure things are labeled, make sure there are no trip hazards; make sure there are no obstructions of exits — things along those lines. And gather your OSHA documentation,” Steiner says. “It’s not to say you have anything to hide, but knowing how things can get out-of-sort momentarily, it’s good to make sure everything is corrected.” 

The process

Before starting an inspection, OSHA will hold an opening conference to present their credentials, explain why they are there and describe the scope of the inspection. 

Next, OSHA generally will request documentation.

“I strongly suggest, do not provide them anything outside of what they ask for,” Steiner says. “You might think you’re doing a good deed by showing them exactly what you have in place, but it could open you up for more potential issues if some of those are not up to speed.”

Typically, the walk-through inspection happens next. Steiner recommends taking compliance officers just to the area they’re inspecting, if possible, and not through the whole facility, even if it involves some inconvenience.

“OSHA relies on ‘in plain sight,’ so they have the right to question anything that they see, so don’t worry about convenience,” he says.

Steiner offers the following recommendations for a walk-through inspection.

• Provide an escort: Don’t let compliance officers wander around or deviate from the purpose of their visit.
• Stay relaxed: Put on a happy face, shoot the breeze and answer all their questions without being combative. Don’t be shy about asking questions as well.
• Be strategic: Do not admit noncompliance, but be honest. If you’re not sure of an answer to their question, tell the officer you’ll look into it and follow up with them. 
• Take photos: For your own records, take the exact same photos that the officer does.
• Take detailed notes: Document everything, including the questions they ask, your answers and any discussions they have with employees.

During or after a walk-through, OSHA might conduct employee interviews. Organizations sometimes have a chance to choose the employees who will be interviewed.

“Select the ones that you feel are going to be best representing the organization,” Steiner says. “It’s not placing negativity on employees in any way, but some employees can better represent organizational involvement and actions.”

Unless compliance officers plan to return another day for further follow-up, the inspection ends with a closing conference.

“You can ask questions about anything and everything that has taken place, what your rights are, what the next steps are going to be,” Steiner says. “This is the last time you are going to talk to that compliance officer, so this is your best opportunity to put your best foot forward and truly understand what they saw and what your next steps are.”

Post inspection

Following an inspection, OSHA has six months to process their information, identify any violations and issue citations. 

“Each citation can be a little different. It can come with a cost. It can come with no cost. It all depends on the validity and the severity of what they’re finding,” Steiner says. 

Steiner recommends fulfilling their requests and making sure any violations have proper abatement. 

“Make sure you’re doing what you say, you’re following all expectations you put in place, and involve employees along the way,” he says.

He also recommends requesting the Informal Conference, if necessary. The Informal Conference gives the organization an opportunity to eliminate or reduce any citations by providing details of inaccuracies, actions or stances the organization has, specific to the listed violations. 

“This is an opportunity to ‘paint the picture’ of the type of organization you have in place and the value at which you hold safety within your company,” Steiner says.

For more information, visit R&R Insurance at myknowledgebroker.com.