Companies should be aware of the planning, documents, receiving, process, and follow-up involved with an OSHA visit. There are several reasons why companies receive an OSHA visit. Typical reasons include an on-the-job fatality or serious accident, a complaint made by an employee, a referral from an outside source, or a follow-up.
Planning
Companies should plan at every stage. Planning entails the following: who will be involved, how will you communicate to key personnel, where you will place the compliance officer, practicing an execution of your plan, and knowing where documents are kept. Documents can include an updated OSHA 300 log, company training records/policies, written safety programs, and occupational medical records.
Receiving
In the opening conference, the OSHA officer will explain why they are there, what they are looking for, and scope of the visit. They will look at trends in accidents/injuries in your facility. If there is a reportable injury, then OSHA wants to know that a company not only reported it, but also followed up with an investigation and remedial measures. The compliance officer will look for an emergency action plan. Again, OSHA will want to know that an employer is being proactive.
Process
During the interviewing process, the employer is prohibited from entering the interview room. Relatedly, the employer cannot try to discuss the interview with the employee. Compliance officers frequently ask about daily operations, maintenance, equipment, and how injuries are reported. This process is followed by the closing conference, where it is critical to have your entire team there. The officer will discuss what they saw, some details regarding the interviews, and how issues should be corrected. OSHA has up to 180 days to investigate, and they may call for more documentation. Honesty throughout this process is important.
Follow-Up
As OSHA investigates, it is important for the company to follow up as well. Adjustments should be made, and the employer should update the OSHA officer on anything resolved following the visit. Regarding the citation process, most officers are reasonable. If an employer is cooperative and helpful, they may be more generous with their reporting. Following the visit, there may be an issuance of penalty, informal hearing, or formal hearing.
In conclusion, honesty and cooperation are the foundation for a great approach. Keep in mind that protecting employees is the top priority for OSHA. Focusing on preparation and a prompt follow-up will likely lead to the best result for an OSHA visit.
For further assistance or information regarding preparation and response to OSHA visits, please reach out to the attorneys at Rock Fusco & Connelly, LLC.