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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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Welcome to the eleventh issue in our series, Compliance Check 2020, a monthly publication that will help you perform a self-assessment of your company’s compliance with federal, state and local employment laws and regulations. In this edition we help you evaluate your company’s level of preparedness for an OSHA inspection.

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OSHA standards are federal regulations that require an employer to provide its employees with a workplace free from serious recognized hazards. These standards limit the amount of hazardous chemicals workers can be exposed to, mandate the use of certain safe practices and equipment, and require employers to monitor hazards and keep records of workplace injuries and illnesses. OSHA standards include requirements to provide fall protection, prevent trenching cave-ins, protect workers against some infectious diseases, assure that workers can safely enter confined spaces, prevent exposure to harmful substances such as asbestos, install guards on machines, supply respirators or other safety equipment, provide lockout/tagout protection and train workers for certain dangerous jobs, among many other requirements.

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If OSHA finds that an employer has violated one of its standards, it can require corrective action and issue penalties ranging between $13,260 and $132,598 per violation, with a failure to abate adding a penalty of up to $13,260 per day beyond the abatement date. These penalty ranges are adjusted each year. Criminal prosecution is also possible, depending upon the gravity of the violation.

OSHA typically conducts employer inspections with no advance notice. It may conduct an inspection for a variety of reasons, including where it believes there may be:

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OSHA also conducts programmed inspections based upon an employer’s industry or historical safety record, as well as follow-up inspections to determine if violations have been corrected.

In conducting an inspection, OSHA typically seeks to determine whether:

Here are some questions to help you evaluate whether your company is prepared for an OSHA inspection:

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As always, we welcome your questions, feedback or suggestions. Please contact:

M. Scott Young, Author 513.352.6617 202.263.4134 <a href="mailto:Scott.Young@ThompsonHine.com">Scott.Young@ThompsonHine.com</a>

Megan S. Glowacki, Co-Editor 513.352.6503 <a href="mailto:Megan.Glowacki@ThompsonHine.com">Megan.Glowacki@ThompsonHine.com</a>

Heather M. Muzumdar, Co-Editor 513.352.6691 <a href="mailto:Heather.Muzumdar@ThompsonHine.com">Heather.Muzumdar@ThompsonHine.com</a>

Nancy M. Barnes, Practice Group Leader 216.566.5578 <a href="mailto:Nancy.Barnes@ThompsonHine.com">Nancy.Barnes@ThompsonHine.com</a>

This newsletter may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel. This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Compliance_Check_2020_-_November_2019.pdf

Compliance Check 2020 – November 2019

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