The heart of the inspection process is the walkaround. Jim Stanley, former OSHA deputy assistant secretary and currently president of FDRSafety in Brentwood, Tennessee, says advance planning is the best hedge against negative outcomes during this phase.
The walkaround is the time when the inspector observes processes and talks with employees and supervisors. The law also provides for a representative authorized by employees, typically a union representative, to accompany the inspection.
If unsafe conditions are observed during the walkaround, Stanley advises correcting them on the spot or soon after the inspector leaves. If a citation is issued, taking prompt corrective action will show good faith, which might result in a reduced penalty..
Stanley also urges employers to be especially cautious regarding complex health inspections involving air contaminants, noise, or ergonomic hazards. Because the employer’s inspection representative might not have the expertise to effectively monitor or replicate OSHA’s scientific monitoring, you may want to designate your own expert to accompany inspectors during these parts of the inspection, he says.
Employee Interviews
Inspections also include the opportunity for the inspector to conduct interviews. According to Stanley, “An alarming number of citations are based on statements of employees or supervisors to the OSHA inspector during the inspection or formal interviews.”
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Under the law, employees can talk privately with OSHA. Even though you or your representative can’t be present in these private interviews, you can prepare employees by informing them that they have a right to speak or not to speak to the compliance officer. Employees also have the right to request that a union representative or interpreter be present.
Stanley recommends the following concerning employee interviews:
- Give employees an idea of what OSHA may ask them—for example, about facts or safety training surrounding an alleged violation.
- Urge workers to tell the truth.
- Help those who may be distraught over a death or injury or otherwise unable to speak with OSHA.
- Tell employees that they have the right not to be recorded, and to bring their own recorder to an interview.
- Conduct a voluntary debriefing of all employees interviewed by OSHA.
Supervisor interviews are different from employee interviews because the content may be legally binding to the company. Stanley advises companies to minimize management interviews by having the employer representative responds to OSHA’s questions as much as possible.
Closing Conference
When it comes to the closing conference, Stanley says employers should not be afraid to ask questions or seek clarification about what they are being cited for and why. But, he warns, “Don’t attempt to argue or settle these citations at a closing conference.”
He also advises caution when agreeing to informal conferences with OSHA. If later there is a contest, the information shared during such a conference can be used against you.
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