Both safety professionals and OSHA inspectors want the same end result: a safe workplace. But that doesn’t mean everything always goes smoothly and everybody gets along.
You need to be prepared in the event of an OSHA audit or investigation, and you have to weigh your options for how best to react. There are many factors to consider when developing a strategy to deal with OSHA, including the company’s prior citation history, workers’ compensation claims and whether abatement would create operational issues in the future.
EHS Today spoke with John Ho, JD, partner at Cozen O’Connor, where he is the co-chair of the firm’s OSHA-Workplace Safety Practice about how to develop a strategy for best to prepare for and respond to OSHA. Ho will speak at the 2022 Safety Leadership Conference, being held in Cleveland from Oct. 18-20. Below is a preview of what to look forward to this fall.
EHS Today: Few people get excited when OSHA shows up at their door. Still, OSHA inspectors and safety professionals have the same goal of keeping workers safe. How can safety professionals develop a better working relationship with OSHA?
Ho: One of the best things to do is let the OSHA inspector know that the Company has the same objective of keeping employees safe. In my experience, when safety professionals are able to convincingly convey to OSHA that the Company prioritizes safety and is willing and, in fact, eager to listen and learn from OSHA about better safety and health practices, that goes a long way to establishing a great collaborative relationship for the present audit and equally important for the future.
What's one thing safety professionals should do when OSHA comes knocking?
There’s no substitute for preparation. Having an established game plan for an OSHA investigation ahead of time is key to successfully navigating an inspection.
No two inspections are exactly identical, so this is less a detailed script but rather guidelines and resources on various considerations, including ensuring that the appropriate personnel at the Company are updated and involved. In most OSHA inspections, the safety and health issues will overlap across different departments, including safety, HR, finance and operations.
What's one thing safety professionals shouldn't do when OSHA comes knocking?
Be combative. This is not to say that the safety professional should always let the OSHA inspector onto the premise without a search warrant, but even in this case it can be [done] professionally.
No one wins if people are picking fights for no reason. The company needs to understand the OSHA inspectors have a job to do—and it is an important one.
The mere act of OSHA issuing a citation isn't the end of the story. What comes next for safety professionals and their organizations?
Of course, if the citations cannot be resolved for OSHA, then the Company needs to prepare for litigation. However, the ultimate objective is doing what is reasonably possible to ensure that future injuries and illnesses are not likely to occur again. Abatement is probably the single most important issue for OSHA because no one can turn the clock backwards.
How can safety professionals make sure other stakeholders—including the C-suite, legal department and HR department—are all on the same page and understand the full impact of an OSHA investigation and any resulting citations?
This goes to the question above in terms of preparation for an inspection. As OSHA often states in its materials to the public, establishing a strong safety and health culture needs to start at the top and work its way down. A company’s commitment to safety and health needs to loudly resonate in its safety and health policies and procedures, which should clearly reflect management’s commitment to providing a safe and healthy working environment.
What's a best practice for contesting a citation?
Making sure the company understands why it is contesting the citation. There are numerous reasons that might drive the need to contest a citation. These might range from employee misconduct to minimizing the impact of citations on collateral third-party litigation. Often, these objectives might be satisfied in a settlement, so it is critical that the company understands the objectives it is trying to achieve.
What's one thing you hope attendees learn from your session at the Safety Leadership Conference?
To equip safety professionals with understanding the many, and often competing, issues involved in an OSHA inspection so that he/she can confidentially navigate the company through the inspection process to a resolution that is acceptable.
