You train for emergencies and natural disasters, but do you train for inspections from the Occupational Safety and Health Administration (OSHA)? Do you even have an OSHA inspection protocol?
If not, you should, says Phillip Russell, shareholder at Ogletree, Deakins, Nash, Smoak & Stewart PC. Preparedness can make the difference in life and death. Preparedness can also reinforce the importance of rules and regulations, which can, in turn, make workplaces safer while also mitigating risk exposure.
Russell will be sharing his more than 30 years of experience, including representing clients in more than 225 fatality cases, at the Safety Leadership Conference, being held October 20-22 in Phoenix. More information, including registration, can be found at www.safetyleadershipconference.com. Below is a preview of what to expect from Russell’s presentation.
EHS Today: Safety and profitability are often portrayed at odds. How can companies effectively minimize OSHA citations while also safeguarding the bottom line?
Russell: In many industries, especially construction, OSHA citations are a direct threat to gross revenue, not the bottom line. OSHA citations, especially willful or repeat, can cause companies to lose bids on projects or be dropped as approved vendors and partners, which can be worth millions in revenue. For my clients, we are always focused on avoiding or minimizing citations to improve safety and protect the top-line revenue.
Can you give some examples of what companies can do to proactively prepare for OSHA inspections?
There are four things all employers should have in place for every workplace hazard:
- A rule, policy or procedure. Most employers have this for the most obvious hazards, such as fall protection, machine guarding or lockout tagout. But periodic reviews and updates are important, so they don’t get stale or disregarded.
- Training. Most employers also seem to do a good job on training, but there are sometimes gaps with new hires or long-time employees who don’t feel the need to be trained on something they have done for years.
- Compliance. This is where employers begin to struggle. For every hazardous task, there should be job hazard analysis or some kind of process or system to make sure workers are following the rules and training.
- Enforcement. This is the area in which employers struggle the most. Using a progressive disciplinary policy to enforce the rules when broken is critical to avoiding incidents, having a safer place to work for all and showing OSHA you take your own rules seriously.
How can safety professionals act promptly to become compliant and eliminate hazards during OSHA inspections?
The most important thing safety professionals can do is to implement immediate corrective actions. The first question [they must ask] is: “How do we make sure something like this never happens again?” Safety professionals must take the lead on this to be sure positive changes are made—and they are sustainable.
What's something safety professionals ought to know or need to remember during inspections?
OSHA does not have to tell employers their rights or what the agency can and cannot do. OSHA is not a law enforcement agency that can subject anyone to custodial interviews like police officers. This means that OSHA’s Compliance Safety and Health Officers (CSHOs) don’t have to read employers their Miranda rights. Employers must know their rights and what OSHA and cannot lawfully do; safety professionals must take the lead on this.
What's something you recommend your clients do before, during or after an inspection?
Most employers must do a better job preparing non-management employees for their interviews with OSHA. Some of the most damaging evidence OSHA obtains during an inspection comes from employee interviews when the employer did not prepare the employee well.
Preparation includes reminding them to tell the truth, but not to speculate about things not within direct personal knowledge. It includes reminding employees about company polices, training, compliance systems and enforcement measures. It includes informing employees that they are in charge of the room.
The interview is voluntary, and they do not need to feel intimidated or bullied. They have access to help if needed. And they don’t have to read or sign the CSHO’s notes. There’s more, but these are some key points that help employees give accurate information during their interviews.
What's something you recommend your clients don't do before, during or after an inspection?
Don’t be afraid of OSHA. There are far too many myths about what OSHA can and cannot do. The agency is bound by the law.
My job is to help employers hold OSHA accountable to the law—to stay within the legal boundaries that govern the agency’s conduct during inspections. Employers need to better understand their rights and what OSHA can and cannot do. This defeats fear and builds confidence during OSHA inspections.
What's one thing you hope attendees take away from your presentation at Safety Leadership Conference?
The importance of developing and implementing an OSHA inspection protocol and training key personnel on how to use it effectively if OSHA shows up.
