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52 2019 INDUSTRY RESOURCE DIRECTORY OSHA Conn says that demanding an inspection warrant and going to court over it can be time consuming and expensive. It may also create an adversarial situation that makes matters worse. He says, "We rarely advise clients to demand an inspection warrant; rather we try to negotiate with the agency over a reasonable scope of the inspection, and with such an agreement, waive the warrant right and consent to the inspection." How does the inspection process work? The inspection includes an opening conference, a "walkaround" of all or part of the workplace, and a closing conference. This may take a few hours or several weeks, depending on the number of hazards, workplace size, and other factors. Take notes throughout the process. What happens at an opening conference? On the day of the inspection, the inspector arrives and asks to meet with representatives of management and employees to explain the inspection's purpose. The opening conference is supposed to be kept as brief as possible. If either party objects to a joint opening conference, the inspector will conduct separate opening conferences for labor and management. With regard to the opening conference, Conn says: "In my opinion, this is the most important stage of the inspection because it is the time when employers can: • Negotiate to narrow the scope of the inspection. • Ask questions about the purpose of and probable cause justifying the inspection. • Try to establish ground rules with OSHA about how the inspection may proceed, from the collection of documents (through written requests only), to interviews (scheduled in advance), and physical access to the facility (only with a management escort). If the inspection was initiated by an employee or former employee complaint, employers also have a right to access a copy of the complaint before consenting to the inspection." After the opening conference, but before the inspector walks around the facility, the inspector usually checks the OSHA required Log and Summary of Occupational Injuries and Illnesses and may examine other OSHA required records. How is the walkaround inspection handled? After the opening conference, the inspector, accompanied by management and employee representatives if any, will check the safety and/or health hazards in the complaint. Unless the scope has been specifically narrowed in the opening conference or by an inspection warrant, the inspector may decide to check for other hazards The inspection includes an opening conference, a "walkaround" of all or part of the workplace, and a closing conference. This may take a few hours or several weeks, depending on the number of hazards, workplace size, and other factors. Better worksites. Better weekends. Better world. EXCLUSIVE MEMBERS-ONLY CONTENT REDACTED Join us now at www.psai.org for access to this valuable information.