According to Jonathan L. Snare, a partner with the Washington, D.C.-based Morgan Lewis law firm and a former United States Department of Labor official, there are key planning points managers and operators should be aware of in an OSHA inspection.
One is to recognize the importance of having a protocol in place in the event a compliance safety and health officer (CSHO) arrives at a worksite and identifies himself or herself as a representative of OSHA but there's no manager present.
Snare said management-level employees, as well as legal counsel, should be proactively designated before the inspection starts and contacted immediately should OSHA appear on-site. Snare recommended the crew be informed of the protocol and the contact information for the designated managers.
"That is an important point," Snare said, discussing how to navigate an on-site OSHA inspection in an address at the Houston Area Safety Council's 27th anniversary event held recently in Pasadena, Texas.
"That may be a little bit harder for those who are contractors on-site," Snare admitted.
The CSHO generally will wait "a reasonable amount of time," Snare said, for the designated manager to arrive in order to minimize disruption to business operations.
"But sometimes the dispute is, 'What is a reasonable amount of time?'" Snare posited. "I have had experiences where the compliance officer will be insistent the inspection start in 30 minutes. You might put them off a little bit, but it really just depends. They'll typically wait a couple of hours."
The CSHO, Snare said, should be asked to wait outside of the worksite until the designated manager arrives. If the inspection focuses on work located outdoors, as in the case of refinery inspections, operations should cease until a manager arrives.
Snare continued by posing a specific scenario in which a CSHO arrives at a worksite, shows identifying credentials and states a formal complaint has been made by a current employee. At the opening conference, before the actual inspection begins, managers should ask for and retain a copy of all documents, including a copy of the complaint.
Snare encouraged managers to ask questions, including verifying the complaint has been made by either a current or former employee who has identified himself or herself to OSHA, even though the employer has no right to the identity of that employee.
During the walk-around
Snare recommended once the scope of the inspection is determined, managers should "keep it narrowly tailored to the subject of the inspection," taking the most direct route to the inspection area in order to avoid providing a full tour of the facility.
Managers should accompany CSHOs on the facility walk-around and take notes to record what is inspected, who is present, where the inspection takes place, and the date and time of the inspection.
If the CSHO takes photographs or records other physical evidence such as measurements, managers should take simultaneous photographs of the same subject and alleged physical evidence.
"Basically, follow the compliance officer and do everything they do," Snare said.
Managers should also discuss safety issues that may be encountered during the walk-around and require CSHOs to abide by safety rules.
CSHOs should not be left unattended during the inspection, except during non-managerial interviews, Snare said.
Ultimately, Snare described CSHOs as "professional, good people who just have their job to do," but reminded attendees employees can face criminal sanctions if they falsify OSHA documents and/or commit perjury during OSHA proceedings.
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