We walk you through OSHA inspection do's and don'ts, help you understand the purpose of a visit from OSHA and the changing regulatory environment, learn about the necessity of proactive action during an inspection, and how to position your organization in the best possible light.

1. What To Do
When OSHA Visits
Presented by Antea Group
In association with NAEM

2. Learning Objectives
INTRODUCTION
 Inspection Do’s and Don’ts
 Understand the purpose of a visit from OSHA and the
changing regulatory environment
 Learn about the necessity to take action as an employer
during the course of an OSHA inspection
 Position your organization in a favorable legal light
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3. Do
• Treat the compliance officer with
respect and as a professional.
• Be engaged!
• Notify others. Make sure that
members of the management team
attend the opening and closing
conferences.
• Be honest
• Gather the documents requested in
a timely manner!
Keys to a Smooth Inspection: Dos and Don’ts
OSHA INSPECTION
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• Correct potential hazards, as soon as
possible, preferably while the
compliance officer is in the facility.
• Allow interviews, assist as requested
in identifying the right person to be
interviewed by the compliance
officer.
• Understand the inspection process -
the compliance officer will explain
the reason for the inspection and the
process during an opening
conference.

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5. Don’t
• Argue with the compliance officer. If
you do not understand something,
ask a question for clarification, but
do not argue with the compliance
officer.
• Blame employees for safety issues or
concerns. The compliance officer is
identifying hazards, not placing
blame. Blaming anyone during the
inspection does not build trust or
goodwill.
OSHA INSPECTION
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Keys to a Smooth Inspection: Dos and Don’ts
• Accept blame for potential
issues – just fix them.
• Freely give information that is
not requested. Provide only the
information the compliance
officer requests and show the
compliance officer only areas of
the facility that are requested.

6. What Is the Value of Staying One Step
Ahead of OSHA?
INTRODUCTION
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7. OSHA Overview
OSHA Inspections
Employer’s Rights
Strategic Pre-Planning

8. OSHA Overview – What’s Changing
OSHA OVERVIEW
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New Direction
New Legislation
Aggressive Enforcement and Regulatory Focus
Major New Directives Not Requiring Rulemaking
Direct Final Rulemaking
Far-reaching Penalty Directives
Less Cooperation

9. • Expect an active regulatory agenda from the agencies for the
remaining time of the current Administration
• Many regulations having a direct impact on manufacturing –
EPA, NLRB, OSHA, DOL, etc.
• OSHA
• Implemented rules on crystalline silica and injury & illness reporting
• Pending combustible dust rules
• Ramped up focus on injury emphasis program for temporary workers
• Revisions to Injury & Illness Reporting
• Electronic reporting
• Searchable database
Active Regulatory Agenda
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Source
www.osha.gov

10. Recent OSHA Budget
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2014 Actual Budget 2015 Actual Budget 2017 Actual Budget 2017 Requested Budget
$552.3 Million $552.8 Million $552.8 Million $595.0 Million
OSHA requested an increase in the enforcement budget of $18
million to $226 million, 38% of the total OSHA budget is
earmarked for enforcement

11. Enforcement
OSHA OVERVIEW
Aggressive Enforcement and Regulatory Focus Continues in 2016
• More inspectors
• Higher penalties and publicity
• More employers placed in the
Severe Violators Enforcement
Program (SVEP)
The 2016 goal is to conduct 37,785; 29,943 safety inspections, and
7,842 health inspections
This increase also reflects the agency’s shift in emphasis from safety inspections to
health inspections
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12. OSHA Overview
OSHA Inspections
Employer’s Rights
Strategic Pre-Planning

13. Risk Based Nature of OSHA Inspections
OSHA INSPECTIONS
Triggers for an Inspection
OSHA’s Response to a
Complaint
The Inspection Process
OSHA Inspection and “Walk
Around Process”
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14. What Triggers an Inspection?
OSHA INSPECTIONS
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 Imminent Danger
 Fatality or Catastrophe
 Complaint or Referral
 Programmed Inspection
 11 National Emphasis Programs
 140 Local/Regional Emphasis
Programs
 Follow-up

15. OSHA Response to a Complaint
OSHA INSPECTIONS
Based on Potential Risk to Employees
Low Risk Complaints – Call
requesting response within 10 days
Moderate Risk Complaints – Letter
requesting response within 10 days
High Risk Complaints – Always
results in unannounced OSHA visit
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16. • Opening Conference
• Review of Documents
• Facility Review – The “Walk Around”
• Additional Monitoring Activities
• Closing Conference
Phases of an OSHA Inspection
OSHA INSPECTIONS
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17. • Verify the credentials of the compliance
officer.
• Determine the reason for the inspection
and the scope of the inspection.
• Set ground rules, safety equipment
required in the facility.
• Notify facility and corporate officials.
• Listen and don’t volunteer information,
the OSHA compliance officer will make
requests for information that is desired.
• Determine what will be the next steps
of the inspection. Document review?
Physical inspection?
Opening Conference
OSHA INSPECTIONS
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18. The “Walk Around”
OSHA INSPECTIONS
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Identify and
document
hazards
Review records
and programs
Take photos,
videos,
instrument
readings
Interview
employees
Determine
employee
exposure Establish
employer
knowledge of
condition

19. Things to Know
OSHA INSPECTIONS
1. Legal Status – Inspection is subject to review and enforcement
2. Employees interviewed are potential witnesses
3. Photos and measurements are evidence that the hazards exist
4. Questions asked of management are to determine employer
knowledge of the condition
5. Burden of Proof – OSHA
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20. Closing Conference
OSHA INSPECTIONS
• Review of Inspection Findings
• Abatement Options
• Citation/Penalty
• Posting Requirement
• Informal Conference – 15
Working Days
• Failure to Correct – Follow-up
Inspections
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21. Immediately Following an OSHA Inspection
OSHA INSPECTION
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Follow-UpDe-Brief
Correct Remaining
Concerns and Document
Improvement

22. OSHA Overview
OSHA Inspections
Employer’s Rights
Strategic Pre-Planning

23. Employer’s Rights
EMPLOYER’S RIGHTS
What are an employer’s
rights?
How does the employer
exercise them?
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24. Employer’s Rights
EMPLOYER’S RIGHTS
1. Requesting a search warrant – You
can, but do you want to?
2. Trade secret protection for non
employees
3. Right to have an employer
representative or legal counsel
present
4. Some control on employee
representatives
5. Inform employees of their options
during an interview
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25.  Escort Compliance Officers
 Take photographs and notes
 Maintain focus
 Manage employee interviews
 Answer honestly but don’t
speculate
Stay in Charge
EMPLOYER’S RIGHTS
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26. Three B’s
EMPLOYER’S RIGHTS
Be Courteous!
Be Alert!
Be Quiet!
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27. OHSA’s Burden of Proof
EMPLOYER’S RIGHTS
OSHA Must Show:
1. The applicability of the cited standard.
2. The employer’s noncompliance with the
standard’s terms.
3. The potential injury or illness to the employee(s).
4. The employer’s actual or constructive knowledge
of the violation.
5. The application of the General Duty Clause.
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28. OSHA’s maximum penalties, which were last adjusted in 1990, increased by 78% on
August 1, 2016. Any citations issued by OSHA after that date will be subject to the new
penalties if the related violations occurred after November 2, 2015.
Going forward, the agency will continue to adjust its penalties for inflation each year
based on the Consumer Price Index.
Citations and Penalties
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Type of Violation Old Maximum Penalty New Maximum Penalty
Serious
Other-Than-Serious
Posting Requirements
$7,000 per violation $12,471 per violation
Failure to Abate $7,000 per violation $12,471 per violation
beyond the abatement
date
Willful or Repeat $70,000 per violation $124,709 per violation

29. Penalty Considerations/Severity of
Penalties
EMPLOYER’S RIGHTS
 Employer Knowledge
 Competent Inspection
 Safety Culture
 Written Safety Rules and Procedures
 Training
 Employer’s Discipline Policy
 Safety Record
 Accident and OSHA Violation History
 Good Faith Shown by the Employer
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30. We received citations.
What do we do?
Read the citations and
related documents –
immediately.
Written Citations
EMPLOYER’S RIGHTS
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31. Written Citations
EMPLOYER’S RIGHTS
1. Written Notice
- Entire Inspection
- Penalty Amount
2. Abatement Time
3. Citation Review
4. Post the Citations
- In a prominent location, at or near the location of the alleged violation
5. Settlement Options
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32.  What requires improvement
 Equipment
 Process
 Procedures
 Training
 When will the improvement be
made
 Who will complete the
improvement
 Document the improvements
Abatement Plan
EMPLOYER’S RIGHTS
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Plan
Do
Check
Act

33. • First, pay attention to the date of the
citation(s). A response must be sent within 15
business days or the citations and penalties
become final.
• Second, do not simply accept and pay the
citation. Consult with your team and evaluate
settlement alternatives.
OSHA Citation Settlement Options
EMPLOYER’S RIGHTS
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• OSHA offers an informal settlement process where citations and
penalties can be negotiated and in some cases removed.
• Formal Contest of the citations which is a legal process and a hearing
before a administrative law judge.
• Decide on the next step but do not delay. Remember the 15 day
limit.

34. OSHA Overview
OSHA Inspections
Employer’s Rights
Strategic Pre-Planning

35. Strategic Pre-Planning
STRATEGIC PRE-PLANNING
As employers, how can we
prepare for, manage and
mitigate incidents which may
affect our business, operations,
customers and brand?
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36. Strategic Pre-Planning
STRATEGIC PRE-PLANNING
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The Benefits of Strategic Pre-Planning
Establishing a Trained OSHA
Inspection Team
 Identify
 Inspection Protocol
 Post-Inspection Meeting

37. OSHA Response Plan Development
STRATEGIC PRE-PLANNING
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Utilize your
resources…

38. OSHA Response Plan Development
STRATEGIC PRE-PLANNING
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Develop a
Response Plan…

39. Be Prepared and Proactive – Don’t wait for the “knock at the door”
• Develop a Plan
• Respond Quickly
• Have a Strong Health and Safety Process
• Develop a Culture of Safety
• Good, Safe Equipment Design
• Effective Training
Summary
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40.  Proactive vs. Reactive
 Reduction in injury and illness rates
 Evaluated by companies when
selecting partners
 Ensure ability to bid jobs and
remain active on jobs
 Reduce workers’ compensation
rates
 Improved employee morale
 Positive impact on the bottom line
Benefits for Your Organization
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STRATEGIC PRE-PLANNING

41. Questions and Answers
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PresenterContact Information:
Chris Brossia MS, CIH, CSP, CHMM
Antea Group
Senior Consultant
Direct + 1 970 308 2618
Chris.brossia@anteagroup.com

42. B E T T E R B U S I N E S S ,
B E T T E R W O R L D℠
Thank you!
AnteaUSA Headquarters
5910 Rice Creek Parkway,Suite 100
St. Paul, MN 55126, USA
USA Toll Free: +1 800 477 7411
International: +1 651 639 9443
www.anteagroup.com

43. Chris Brossia, MS, CIH, CSP, CHMM, Antea
Group
Presenter
Chris Brossia, Consultant, has more than 20 years of experience in
Risk Management and Environmental, Health and Safety. His
technical specialties include ergonomics, industrial hygiene, safety
culture/leadership, compliance programs, global health and safety
management systems, manufacturing systems, research &
development, pharmaceutical containment and workers’
compensation.
Contact Information: chris.brossia@anteagroup.com; mobile
phone 970 308 2618.
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