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Category Archives: Frequently Asked Questions

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5 Questions We Would Ask OSHA about the Severe Violator Enforcement Program (SVEP)

By Eric J. Conn, Head of EBG’s national OSHA Practice Group

We have written extensively about problems with OSHA’s controversial Severe Violator Enforcement Program (SVEP) here on the OSHA Law Update blog.  If the leadership team in the national office of OSHA invited us to sit down with them to ask questions on behalf of Industry about some of these problems with the SVEP, here is what we would ask them:

  1. As one would expect for a program designed for recidivists, the punitive elements of the SVEP are significant, including: (a) inflammatory public press releases branding the employer as
  2. Continue Reading

What Are Employers’ Rights During OSHA Inspections?

By Eric J. Conn, Head of EBG’s national OSHA Practice Group

I was recently asked an interesting question by an industry contact:

“Employers often are told to know and exercise their rights during an OSHA inspection.  What exactly are employers’ rights during an OSHA inspection?”

While it may not feel like it during an inspection, employers have many rights before, during, and after OSHA inspections.

Before an inspection even begins, employers have a right under the Fourth Amendment to the U.S. Constitution to be free in their workplaces, just as they are in their homes, from unreasonable searches and … Continue Reading

5 Issues OSHA Will Target over the Remainder of 2013

By Eric J. Conn, Head of the OSHA Practice Group at Epstein Becker Green

An industry contact recently asked me what five issues I expected OSHA would be focusing its enforcement efforts on for the balance of this year.  Here was my response:

1.  Emergency Exits & Exit Routes – A couple of months ago, OSHA issued an enforcement memorandum directing inspectors to scrutinize whether employers were providing and maintaining adequate means of emergency exit; i.e., unlocked, unobstructed, and clearly marked exit doors and exit routes in compliance with 29 C.F.R. 1910.36.  We just wrote a blog post Continue Reading

In-Person OSHA Briefings in Philadelphia & Pittsburgh (Sept. 24th & 25th): Managing OSHA Inspections

Join Eric J. Conn and Amanda Strainis-Walker, attorneys from Epstein Becker & Green’s national OSHA Practice Group, for two in-person OSHA briefings on Tuesday, September 24th in Philadelphia, PA and Wednesday, September 25th in Pittsburgh, PA.

The presentations will focus on why it’s important to and how best to prepare for and manage OSHA inspections.  Here is the invitation:

To register for the 9/24 Philadelphia Briefing, click here.
To register for the 9/25 Pittsburgh Briefing, click here.

 

If you have questions about these events, please contact Eric J. Conn, Head of the OSHA Continue Reading

OSHA FAQ Series (FAQ #5: Equipping Your OSHA Inspection Team with the Right Tools)

In March of last year, we answered five frequently asked questions related to OSHA inspections.  After receiving much positive feedback about that post and a few new OSHA inspection-related questions, we decided to launch a regular series on the OSHA Law Update blog with posts dedicated to OSHA Frequently Asked Questions.  For each post in this OSHA FAQ Series, we include both a text response and a video/webinar with slides and audio.

In last month’s OSHA FAQ #4 we talked about the importance of and strategies for establishing an internal OSHA Inspection Team.  In this month’s OSHA Continue Reading

OSHA FAQ Series (FAQ #4: Establishing an OSHA Inspection Team)

Back in March, we answered five frequently asked questions related to OSHA inspections.  We received so much positive feedback from that post, and so many requests to address additional OSHA questions that we decided to launch a monthly series here on the OSHA Law Update blog with posts dedicated to your OSHA Frequently Asked Questions.  For each of the posts in this OSHA FAQ Series, we have included both a text response and a video/webinar response with slides and audio.

In this post, OSHA FAQ #4, we address a question regarding establishing an OSHA Inspection Team, including … Continue Reading

OSHA FAQ Series (FAQ #3: Delaying the Start of an OSHA Inspection)

Back in March, we answered five frequently asked questions related to OSHA inspections.  We received so much positive feedback from that post, and so many requests to address additional OSHA questions that we decided to launch a monthly series here on the OSHA Law Update Blog for OSHA FAQ posts.  For each of the posts in this OSHA FAQ Series, we have included both a textual response and a video response with slides and audio.

In this post, OSHA FAQ #3, we address a very common question regarding whether (and for how long) employers can ask OSHA … Continue Reading

OSHA FAQ Series (FAQ #2: Unpreventable Employee Misconduct Defense)

Back in March of this year, we answered five frequently asked questions related to OSHA inspections.  We received positive feedback from that post along with several requests to address new OSHA-related questions.  Accordingly, we started a new, monthly OSHA FAQ series last month, with the first FAQ post addressing potential triggers for OSHA inspections.

In this post, the second in the regular OSHA FAQ series, we focus on two common defenses to OSHA citations – “Lack of Employer Knowledge” and “Unpreventable Employee Misconduct,” and again, we have provided both a text version of the answer, and a webinar version … Continue Reading

OSHA FAQ Series (FAQ #1: Inspection Triggers)

Back in March we answered five frequently asked questions related to OSHA inspections.  We received a lot of positive feedback about that post and several requests to address additional questions.  Following up on that feedback, we will be adding additional FAQ posts as a regular feature of the OSHA Law Update Blog.  In addition to the text responses to the FAQs, we will also provide a webinar link with audio and slides to provide more in depth responses to each question.  Click on the image of the slide below to watch and listen to the first webinar response.

In this … Continue Reading

OSHA Inspection FAQs – New Series

Got OSHA-Related Questions?  We Have the Answers!

Coming soon to the OSHA Law Update blog is a regular series of “OSHA Inspection Frequently Asked Questions” posts.  This series is in direct response to the many inquiries we received from our popular post last year entitled: Managing an OSHA Inspection: Answers to 5 Frequently Asked Questions.

The OSHA Inspection FAQ series will address inspection issues from the procedural to the substantive legal and strategic.  We will also look to our readers to send in questions that we can tee-up for responses.  Watch for the inaugural FAQ later this month.… Continue Reading

Managing an OSHA Inspection: Answers to 5 Frequently Asked Questions

By Eric J. Conn

Below is a set of important questions that we are frequently asked by clients when OSHA unexpectedly shows up at their doorsteps.  These questions and many more are also addressed in our OSHA Inspection Checklist desk reference guide.

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Scenario 1:   An OSHA Compliance Safety and Health Officer (CSHO) arrives unannounced to begin an inspection, but the employer’s representative whom the employer desires to manage the OSHA inspection is not present at the workplace.  Can the employer request that the CSHO return later or wait to start the … Continue Reading