MARCH 2022
egregious penalty process. This penalty allows a company to be cited at the maximum of $145,000 per exposed worker.
“So if they find that if you don't have guards on your conveyor belts and or you have a bunch of people involved in a lockout tagout situation and you're not (Cont'd on Page 22)
Co locked out, if those five people exposed, it can be 145 grand times five. So again, what I'm seeing is a lot heavier enforcement, right from the outset.”
Abrahms is also seeing a lot of iimputed enforcement, where a subcontractor does something violative, and then the host employer is also being cited as well. “That policy was re-affirmed by the courts about two years ago,” she said.
“One thing worth noting,” Abrams added, “is that we have a confirmed head of OSHA, and very pertinent to where we are (in Palm Springs), he’s the former head of Cal/OSHA.
"So for those of you who’ve had the pleasure of dealing with Cal/OSHA over the years while Doug Parker was heading that agency, know what we’re in for, because under his stewardship, federal OSHA is going to start looking a lot more like Cal/OSHA. So something to stay tuned for,” she noted.
Right out of the gate, even before Mr. Parker was confirmed, President Biden issue over 40 executive orders within the first couple of weeks after taking office.
As part of her presentation, Abrams presented a list of best practices for proactive OSHA inspection management. (See previous page.)
• Train multiple individuals to accompany inspectors.
• All employees should be aware of their rights – the right to counsel for
mgmt
• Do NOT volunteer information that could be used against yourself or
the company.
• Have a policy on whether a warrant is required, and if documents are
requested, ask the inspector to put in writing (other than mandatory
docs such as I/I logs, LOTO, forklift and confined space training
records)
• Remember – nothing is ever “off the record” with OSHA!
• Do not tell employees that they cannot speak to OSHA – “obstruction
of justice” and do not discipline workers who cooperate with OSHA,
lodge complaints or testify against company
• No false statements or documents – EVER
• Ask the inspector to tell you if he sees a violation – write down what
he/she says
• Look up all potential citations in the CFR and agency policy (state regs
will differ so check both)
• Get the inspector to explain his allegations but challenge his/her
findings ONLY IF you can do so without self-incrimination
• Understand applicable conference rights and contest deadlines (15
working days for fed OSHA; state OSHAs may have different
requirements) – and avoid making matters worse in the conference!
• DO make sure to timely abate any uncontested citations, and quicker
abatement prior to citations being issued can result in reduced
penalties
OSHA Inspection Best Practices