Ready for the Onslaught – How to Handle OSHA Inspections Post-Pandemic

Speaker: Ed Foulke, Partner, Fisher Phillips

Since the start of the pandemic, OSHA has been severely restricted conducting worksite inspections. As federal and state OSHA resumes full operations they will be focused on conducting a significant number of inspections. As a result, OSHA will be more aggressive about inspections and enforcement.  The number of Federal OSHA inspections resulting in penalties in excess of $100,000 most likely will dramatically increase. This comprehensive presentation will offer attendees an in-depth, practical examination of the Occupational Safety and Health Act (the “Act”) and how it and the Secretary of Labor’s right to enforce the Act may potentially affect the inspected facility and the company’s business objectives. This webinar will take attendees through the inspection process, including pre-inspection, opening conference, walk-around inspection, document production, employee interviews, closing conference, informal conference, appeals and hearings before the OSH Review Commission.  Attendees will be provided a step-by-step discussion of the legal and practical process implicated when OSHA arrives for an inspection, how to define the scope of the inspection, and how to effectively assert your legal rights when OSHA is being unreasonable.  Program will also provide helpful tips on handling OSHA informal complaints so they do not result in an onsite inspection. This webinar will provide attendees essential tips for what every manager should do while the inspection is being conducted and afterward to help achieve the best possible outcome.  Finally, the webinar will examine how to assert your legal rights and know the OSHA inspectors legal limitations during an inspection and the relationship of OSHA inspections to other regulatory and business responsibilities.

Learning Objectives:

• The new emphasis area for post-pandemic OSHA inspections;
• Strategies for handling different types of OSHA inspections in order to avoid large number of citations and penalties;
• How to formalize strategies for handling OSHA inspections company-wide;
• Having a plan in place to prepare for an OSHA inspection or properly respond to an informal complaint;
• Know your rights when OSHA arrives;
• Discern the best ways to define the scope of an OSHA inspection;
• Understanding the importance of narrowing the scope of inspections and avoiding possible whistleblower complaints;
• How to be on the lookout during an OSHA inspection for potential alleged violations OSHA may cite;
• Ensuring that your managers, supervisors and employees all are aware of their legal rights during OSHA interviews, and
• The legal options for dealing with citations received from OSHA.

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