1. Select a company representative.
2. Be Polite, Inspect credentials, Ask why. Call the nearest OSHA office with credentials in hand and verify id and serial number on the credentials over the phone. (Check online at www.osha.gov for local offices).
3. Ask for warrant
4. If there is a warrant it will state time limits and ground rules. If no warrant they will leave BUT will be back.
5. Discuss the ground rules with the compliance officer.
6. Treat the Compliance officer with respect BUT remember they are your guest in your facility.
7. Do not get too friendly.
   Next step is an opening conference, During this conference it is the object of the compliance officer to gather information prior to the physical inspection of the facility. In addition, the officer will provide the following information:
   • The reason for the inspection
   • The scope of the inspection

   In the opening conference this is one of the most important steps- The compliance officer has the chance to review all of your documentation-Written documents and plans and the OSHA 300 log. If they are up to date and accurate most likely they will leave and not investigate further!

8. The compliance officer will then ask for records. (Hazard communication plan, MSDS sheets, OSHA 300 Injury illness log, and Emergency action plan). Note on the OSHA 300 log all employers with 10 or fewer employees are partially exempt from keeping OSHA injury and illness logs.(Good idea to keep these records anyway)
9. During the inspection stay with the inspector at all times.
10. DON'T admit guilt.
11. Be aware of what the compliance officer takes notes on.
12. The compliance officer CANNOT give employees orders.
13. The compliance officer may point out what are believed to be violations, NEVER agree or disagree that a standard has been violated.
14. Do not engage in idle chit-chat.
15. Do not hesitate to disagree; OSHA is not a building inspector.
16. Few OSHA inspectors are experts on all OSHA requirements.
17. Do not conduct demonstrations for OSHA's benefits.
18. Employee interviews must not interfere with on going work.
19. Employees do not have to participate in OSHA interviews or tests if they object.
20. Never give estimates.
21. Be present during all interviews.
22. Make notes of everything that happens, take pictures & tests when they do.
23. Ask the compliance officer questions and record the answers.
24. Recap & detail dates, names, times, notes, pictures, recordings. Document the closing conference. This is the time for open, direct discussions of problems and needs, and for explicit questions.
    During this time the compliance officer will:

• Discuss all unsafe or unhealthful conditions found or observed during the inspection and indicate apparent violations for which a citation may be issued or recommended.
• During this discussion the compliance officer should in no way indicate or specify what citations or penalties will be imposed- ONLY the OSHA director has that authority.
• Once the compliance officer has submitted and reported his findings, the OSHA area director determines if citations will be issued and if penalties will be assessed.
• Citations will be sent by certified mail, detailing alleged violations of standards, proposed penalties, and the length of time set for correction.

Additional Notes

Request to mark file confidential if "trade secrets" are involved. They have to mark the file confidential if you request it.

If you are fined or found to be in violation- Always request an Informal conference#33. You have fifteen days to request an informal conference with the OSHA area director from the time you received the citation to discuss the violation, penalty or abatement date.

As an employer who has been cited, you may also file a petition for modification of abatement or you may correct the condition by the date set in the OSHA notice.

If you show up personally at the initiating OSHA office and the fines will most likely be cut in half if their was no serious injury or death.

In addition:

• Your fines will never go higher
• No admission of guilt!
• Will obtain a better explanation for the violations cited.
• Will obtain a more complete understanding of the specific standards that apply.
• Discuss ways to correct violations.
• Discuss problems concerning the abatement dates.
• Discuss problems concerning employee safety practices.
• Resolve disputed violations.
• Obtain answers to any other questions you have.

Contest all alleged violations and penalties because they are too high!
When you settle the contest with an agreement that provides that none of the citation's allegations may be used in any future civil litigation.
You have a right to look at the INSPECTORS FILES under the FOIA (Freedom of information act) Request it in writing! If you choose to go to trial under DISCOVERY you have the right o find out the specifics in regard to the complaint and the complaintant's name, etc.
After you are served an OSHA notice of violation you MUST post it (or a copy of it). The OSHA notice must remain posted for three workdays or until the hazard is corrected whichever is longer.

Inspection Citation: Notice of Contest

If you decide to contest any portion of your citation you must do so in 15 workdays after receipt of the citation and notice of penalty.

After you have filed your Notice of Contest, your case is officially in litigation. Upon receipt of your Notice of Contest, the OSHA area director forwards your case to the Occupational Safety and Health Review Commission (They really don't want to proceed after this).

The commission will assign your case to an administrative law judge who will generally schedule a hearing in a public place close to your workplace.

States with their own OSHA programs have a state system for review and appeal of citations, penalties, and abatement periods. Generally, their procedures are similar to federal OSHA's, but cases are heard by a state review board or equivalent authority or possibly independent arbitration.