1. Select a company representative.
2. Be Polite, Inspect credentials, Ask why. Call the nearest OSHA office with credentials in hand and verify id and serial number on the credentials over the phone. (Check online at www.osha.gov for local offices).
3. Ask for warrant
4. If there is a warrant it will state time limits and ground rules. If no warrant they will leave BUT will be back.
5. Discuss the ground rules with the compliance officer.
6. Treat the Compliance officer with respect BUT remember they are your guest in your facility.
7. Do not get too friendly.

Next step is an opening conference, During this conference it is the object of the compliance officer to gather information prior to the physical inspection of the facility. In addition, the officer will provide the following information:

1.  
   • The reason for the inspection
   • The scope of the inspection

In the opening conference this is one of the most important steps- The compliance officer has the chance to review all of your documentation-Written documents and plans and the OSHA 300 log. If they are up to date and accurate most likely they will leave and not investigate further!

1. The compliance officer will then ask for records. (Hazard communication plan, MSDS sheets, OSHA 300 Injury illness log, and Emergency action plan). Note on the OSHA 300 log all employers with 10 or fewer employees are partially exempt from keeping OSHA injury and illness logs.(Good idea to keep these records anyway)
2. During the inspection stay with the inspector at all times.
3. DON”T admit guilt.
4. Be aware of what the compliance officer takes notes on.
5. The compliance officer CANNOT give employees orders.
6. The compliance officer may point out what are believed to be violations, NEVER agree or disagree that a standard has been violated.
7. Do not engage in idle chit-chat.
8. Do not hesitate to disagree; OSHA is not a building inspector.
9. Few OSHA inspectors are experts on all OSHA requirements.
10. Do not conduct demonstrations for OSHA’s benefits.
11. Employee interviews must not interfere with on going work.
12. Employees do not have to participate in OSHA interviews or tests if they object.
13. Never give estimates.
14. Be present during all interviews.
15. Make notes of everything that happens, take pictures & tests when they do.
16. Ask the compliance officer questions and record the answers.
17. Recap & detail dates, names, times, notes, pictures, recordings.
18. Document the closing conference. This is the time for open, direct discussions of problems and needs, and for explicit questions. During this time the compliance officer will:

Additional Notes- Request to mark file confidential if “trade secrets” are involved. They have to mark the file confidential if you request it.

If you are fined or found to be in violation- Always request an Informal conference#33. You have fifteen days to request an informal conference with the OSHA area director from the time you received the citation to discuss the violation, penalty or abatement date.

As an employer who has been cited, you may also file a petition for modification of abatement or you may correct the condition by the date set in the OSHA notice.

If you show up personally at the initiating OSHA office and the fines will most likely be cut in half if there was not a serious injury or death.

In addition:

• This is not an admission of guilt!

Contest all alleged violations and penalties because they are too high!

When you settle the contest with an agreement that provides that none of the citation’s allegations may be used in any future civil litigation.

You have a right to look at the INSPECTORS FILES under the FOIA (Freedom of information act) Request it in writing! If you choose to go to trial under DISCOVERY you have the right o find out the specifics in regard to the complaint and the complaintant’s name, etc…

After you are served an OSHA notice of violation you MUST post it (or a copy of it). The OSHA notice must remain posted for three workdays or until the hazard is corrected whichever is longer.

Inspection Citation: Notice of Contest-

If you decide to contest any portion of your citation you must do so in 15 workdays after receipt of the citation and notice of penalty.

After you have filed your Notice of Contest, your case is officially in litigation. Upon receipt of your Notice of Contest, the OSHA area director forwards your case to the Occupational Safety and Health Review Commission (They really don’t want to proceed after this).

The commission will assign your case to an administrative law judge who will generally schedule a hearing in a public place close to your workplace.

States with their own OSHA programs have a state system for review and appeal of citations, penalties, and abatement periods. Generally, their procedures are similar to federal OSHA’s, but cases are heard by a state review board or equivalent authority or possibly independent arbitration.

Gia’s Mobile Detailing of Long Island Inc Disclaimer

                Due to the constantly changing nature of government information, it is impossible to gurantee absolute accuracy of the material contained herein. The Editor, therefore, cannot assume any responsibility for omission, errors, misprinting, or ambiguity contained within this writing and shall not be held liable in any degree for any loss or injury caused by such omission, error, misprinting or ambiguity presented in this article.

                This article is designed to provide reasonable accurate and authoritative information in regard to the subject matter covered. It is conveyed with the understanding that the author of this article is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required the services of a competent professional should be sought.

Anthony Flammia

Author and Owner of Gia’s Mobile Detailing of Long Island Inc., www.giasdetailing.com

 “PROUD MEMBER OF THE IDA”