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Product ID: 405317EAU
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What Are Your Rights When OSHA Shows Up?

OnDemand Webinar (86 minutes)

Make sure you know your rights as an employer before, during, and after an OSHA inspection.Employers continue to mismanage OSHA inspections. These missteps became more costly after the August 2016 72% increase in OSHA penalties. Moreover, OSHA has heavily changed OSHA compliance obligations in the last eight months, and many employers' inspection procedures do not reflect those changes. This information will provide practical instructions for managing every step in the inspection process and will explain needed adjustments in meeting new OSHA challenges. Learn guidance in how to train frontline supervisors and prepare for increasingly demanding OSHA evidence demands on a range of new issues.


Tracy Moon, Fisher & Phillips LLP


OSHA Has Changed Its Enforcement Efforts and Focus

• OSHA's Emphasis on Certain Industries and Activities Affect Your Likelihood of Being Inspected and the Target Areas

• OSHA's 2015 Injury Reporting Requirements and Whistle-Blower Initiatives Have Exposed New Groups of Employers to the Likelihood of OSHA Inspections

• OSHA's Focus Affects Your Prevention and Compliance Efforts, as Well as How You Will Manage the Inspection

If the Employer Hasn't Prepared, They Cannot Effectively Manage the Inspection

• Upper Management or Corporate's Role

• Frontline Management's Role

• Essential Procedures and Training

• Role of Corporate and Site Safety Programs and Procedures

• Using Not Misusing, Ongoing Safety Self-Auditing

The Opening Conference

• Why Is OSHA Present? Agreeing to the Scope of Inspection

• Staffing: Who Should Be the Spokesperson? Who Should Accompany OSHA?

• Different Roles of the Safety Professional

The Walkaround

• Why and How to Take Notes and Photographs

• Industrial Hygiene Testing and the Renewed Need for Parallel Monitoring

• What to Do About Potential Violations Identified by the Compliance Officer

• Multiemployer Sites: How Not to Manage Other Employers on Site

• Preservation of Evidence, Samples, and Recreations


• The Careful Handling of Nonmanagement Interviews

• Identifying and Managing Supervisor Interviews

Document Requests

• Importance of Establishing a Reasonable Timetable and Process for Responding

• Limits on What an Employer Must Provide

• Common Challenges: Self-Audits, Trade Secrets, Accident Investigations, and Attorney Client and Work Product Protected Materials

• Less Common Demands: Temporary Employees, Combustible Dust, History of Monitoring, and Ergonomics

The Closing Conference

The Informal Conference and Appeals

• Understanding the Informal Conference and How to Use It

• State-OSHA Plan Differences

• Who to Take to the Informal Conference

• Evidence Gathering

• Explanation of Abatement Efforts and Add-on Commitments

• When to Contest

• Informal Settlement Agreements

• The Next Steps After Contest

• Parallel Criminal Investigations, Corporate Wide Settlements and Challenges, Effects on Bidding and Rating Services