Any company with employees is subject to Occupational Safety & Health Administration (OSHA) inspections, including those conducted by corresponding state agencies, as well as investigations resulting from accidents or injuries. While certain industries are periodically targeted due to identifiable health and safety risks (and thus have a higher probability of inspection), complaints by employees can also trigger inspections and investigations. So while the risk profile may vary, virtually no company is immune from contact with OSHA, even if the only issues might be related to recordkeeping and posting obligations.
In this presentation, McAfee & Taft attorney Chris Paul discusses the steps employers should take to prepare for contact with OSHA in both routine inspections and in the event of an incident or complaint, how to deal with the agency during the inspection or investigation process, and how to challenge citations that often are the outcome of such activities. There will also be a brief discussion of what safety programs should be in place to mitigate the risk of adverse findings by OSHA, how a OSHA memorandum scrutinizing safety incentive policies and practices will likely impact employer safety programs, and how challenges to OSHA findings may be pursued in the future.