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OnDemand Course

What Are Your Rights When OSHA Shows Up?

Make sure you know your rights as an employer before, during, and after an OSHA inspection.

Employers continue to mismanage OSHA inspections. Moreover, OSHA has heavily changed OSHA compliance obligations, and many employers' inspection procedures do not reflect those changes. This information will provide practical instructions for managing every step in the inspection process and explain needed adjustments in meeting new OSHA challenges. Learn how to train frontline supervisors and prepare for increasingly demanding OSHA evidence demands on a range of issues.

66 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

OSHA Has Changed Its Enforcement Efforts and Focus

  • OSHA's Emphasis on Certain Industries and Activities Affect Your Likelihood of Being Inspected and the Target Areas
  • OSHA's 2015 Injury Reporting Requirements and Whistle-Blower Initiatives Have Exposed New Groups of Employers to the Likelihood of OSHA Inspections
  • OSHA's Focus Affects Your Prevention and Compliance Efforts, as Well as How You Will Manage the Inspection

If the Employer Hasn't Prepared, They Cannot Effectively Manage the Inspection

  • Upper Management or Corporate's Role
  • Frontline Management's Role
  • Essential Procedures and Training
  • Role of Corporate and Site Safety Programs and Procedures
  • Using Not Misusing, Ongoing Safety Self-Auditing

The Opening Conference

  • Why Is OSHA Present? Agreeing to the Scope of Inspection
  • Staffing: Who Should Be the Spokesperson? Who Should Accompany OSHA?
  • Different Roles of the Safety Professional

The Walkaround

  • Why and How to Take Notes and Photographs
  • Industrial Hygiene Testing and the Renewed Need for Parallel Monitoring
  • What to Do About Potential Violations Identified by the Compliance Officer
  • Multiemployer Sites: How Not to Manage Other Employers on Site
  • Preservation of Evidence, Samples, and Recreations

Interviews

  • The Careful Handling of Nonmanagement Interviews
  • Identifying and Managing Supervisor Interviews

Document Requests

  • Importance of Establishing a Reasonable Timetable and Process for Responding
  • Limits on What an Employer Must Provide
  • Common Challenges: Self-Audits, Trade Secrets, Accident Investigations, and Attorney-Client and Work Product Protected Materials
  • Less Common Demands: Temporary Employees, Combustible Dust, History of Monitoring, and Ergonomics

The Closing Conference

The Informal Conference and Appeals

  • Understanding the Informal Conference and How to Use It
  • State-OSHA Plan Differences
  • Who to Take to the Informal Conference
  • Evidence Gathering
  • Explanation of Abatement Efforts and Add-on Commitments
  • When to Contest
  • Informal Settlement Agreements
  • The Next Steps After Contest
  • Parallel Criminal Investigations, Corporate Wide Settlements and Challenges, Effects on Bidding and Rating Services
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on January 18, 2022.

Call 1-866-352-9540 for further credit information.

  • AIPB 1.0
     
  • This program is acceptable for 1.0 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
  • HR Certification Institute 1.0
     
  • This E-Learning program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.0
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Tracy L. Moon, Jr.

Tracy L. Moon, Jr.

Fisher & Phillips LLP

  • Partner in the Atlanta office of Fisher & Phillips LLP
  • Practice emphasizes counseling and training employers regarding compliance with employment and labor laws, rules and regulations, and how to avoid workplace problems and prevent lawsuits
  • Conducts on-site compliance inspections and in-house management training programs
  • Advises employers on both federal and state OSHA related issues, including compliance, prevention, accident, injury, and death cases
  • An OSHA general industry outreach trainer authorized to conduct 10 and 30-hour general industry training
  • Has written numerous articles on a wide variety of employment and labor law subjects
  • Can be contacted at [email protected] or 404-240-4246
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 409691
Published 2022
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