Contact: Andrew Brought; Spencer Fane Britt & Browne LLP (Missouri, USA)
These quick tips are intended to provide useful information in responding to OSHA and other government inspections of facilities.
Pre-Inspection
1. Instill a culture of compliance and safe work practices.
2. Have policies and procedures for employees in handling agency inspections and provide training and mock inspections.
3. Understand the purpose of the inspection (e.g., programmed/routine unannounced, employee/neighbor complaint, injury/fatality/fire/explosion, search warrant, etc.).
4. Request a pre-inspection opening conference identifying the scope of inspection. Marshal resources, set expectations, contact Environmental Health and Safety (EHS) staff & legal counsel, consider confidential business information, attorney-client privileged documents and resource limitations.
During Inspection
5. Utilize two agency escorts who are trained in responding to inspections during the walkthrough.
6. Know rights and expectations for employee interview requests, working with legal counsel ahead of time to identify rights and expectations as needed.
7. Undertake immediate corrective action as appropriate during the walkthrough.
8. Request a closing conference, clarifying alleged deficiencies and citations, including EHS professionals and legal counsel as necessary.
Post-Inspection
9. Respond to citations/allegations timely and thoroughly, engaging EHS and legal counsel early in the process. Do not miss deadlines or informal settlement opportunities.
10. Improve procedures and training to prevent repeat issues and issuance of enforcement action.
For additional recommendations and assistance, please contact Andrew Brought at (816) 292-8886.
