
In the grain and feed industry, where safety is paramount, an OSHA inspection can be a pivotal moment for any facility. Whether you’re operating a local co-op, a feed mill or a large grain elevator, being prepared for an OSHA visit is crucial. This guide, drawing from expert insights, will walk you through the essential steps to take before, during, and after an OSHA inspection, helping you navigate this process with confidence and compliance.
Preparation: The foundation of success
Preparation is key when it comes to OSHA inspections. Eric Conn, founding partner at Conn Maciel Carey, emphasizes this point: “Failing to plan is planning to fail.” Develop a comprehensive inspection plan that includes designating an inspection team, defining roles and responsibilities, understanding OSHA’s rights and limitations, and preparing a designated area for the opening conference. Train your team to understand their roles during an inspection, the rights of the company and employees, and how to interact professionally with OSHA inspectors.
Implementing a robust self-audit program is crucial to identify and address potential violations before OSHA does. This proactive approach can significantly reduce the risk of citations. Keep all safety-related documents up-to-date and easily accessible, including OSHA 300 logs and 300A summaries, written safety programs, training records, and equipment maintenance logs.
Aaron Gelb, co-managing partner at Conn Maciel Carey, advises: “My recommendation is to always call counsel while you’re waiting to begin the opening conference.” Having legal representation can help you navigate the complexities of an OSHA inspection from the start.
During the inspection
During the inspection, manage the opening conference carefully. Clarify the scope of the inspection, discuss how interviews and document production will be handled, and if necessary, request time to contact legal counsel.
Control the walk-around by accompanying the inspector at all times, taking parallel photos and notes, and addressing imminent hazards immediately.
Handle employee interviews with caution. Gelb warns about a common pitfall: “I’ve seen cases that should have probably been 16, 30, $30,000 citations turn out to be $300,000 citation packages because words are twisted, misinterpreted, put in somebody’s mouth.” Prepare employees for potential interviews, consider having a company representative present, and advise employees of their rights, including the right to decline an interview.
Have a designated person handle document requests, keep a log of all documents provided, and ensure confidential information is protected. If OSHA identifies a hazard during the inspection, address it immediately if possible. As Gelb notes, “If you fix that during the inspection, you’re not admitting wrongdoing, you’re not admitting to a violation, you’re showing them that you’re serious and committed to safety.”
After the Inspection: Learning and Improving
After the inspection, conduct a post-inspection meeting to review the process with your team, identify areas for improvement, and begin addressing any identified hazards.
If OSHA issues citations, review them carefully, consider contesting if you believe they’re unwarranted, and consult with legal counsel about your options. Even if you plan to contest citations, begin implementing corrective actions to demonstrate good faith. If citations are issued, you have the opportunity to attend an informal conference with OSHA. Conn advises, “This is a crucial opportunity to negotiate and potentially reduce penalties or reclassify violations.” Use the inspection as a learning experience to enhance your safety programs and culture.
Eric Conn shared an anecdote about a client who invested in OSHA inspection training: “After participating in our OSHA Inspection Masterclass, this grain elevator operator was able to successfully manage an unexpected OSHA inspection. They knew their rights, controlled the flow of information, and addressed minor issues on the spot. What could have been a major citation ended up being a positive interaction with OSHA, showcasing their commitment to safety.”
An OSHA inspection doesn’t have to be a nerve-wracking experience. With proper preparation, a clear understanding of the process, and a commitment to ongoing safety improvements, you can navigate these inspections successfully. Remember, as Aaron Gelb puts it, “It’s not just about passing an inspection; it’s about creating a culture of safety that protects your workers and your business every day.” By following these steps and learning from the experiences of others in the industry, you can turn an OSHA inspection from a potential threat into an opportunity to showcase your commitment to workplace safety and compliance.