OSHA’s Proactive Enforcement Playbook: Are You Ready for an Emphasis Program Inspection?
Presented by Eric J. Conn, Aaron R. Gelb, and Hema Steele
Employers expect OSHA to show up after reporting a serious incident or when employees complain about certain types of hazards, but the agency has been focused now, more than ever it seems, on proactive enforcement methods.
As part of this strategy, OSHA launched a series of new National Emphasis Programs (“NEP”) targeting heat illness, silica, and the warehousing industry during the Biden Administration, while also announcing a number of new Regional and Local Emphasis Programs (“REP” and “LEP”) across the country. To the surprise of many observers, Trump’s OSHA renewed the Amputations NEP for another 5 years, while also extending the Heat Illness NEP for another year. While it remains to be seen if any emphasis programs will be rescinded by OSHA’s new leadership, covered employers should take note because their establishments can be selected for an inspection under these programs even if they have an exemplary safety record, have not been subjected to any complaints, and have not recently reported a serious incident. Understanding these enforcement priorities is vital for companies to better prepare for potential regulatory inspections.
Additionally, the enforcement directives created by OSHA for these programs contain blueprints for how OSHA plans and conducts inspections of covered employers, so there is no excuse not to be prepared for the inevitable knock on the door. This will be an informed discussion about what covered employers can expect if selected for an emphasis program inspection and what can be done now to prepare.
Participants in this webinar will learn:
- The various types of emphasis programs used by OSHA.
- The differences between emphasis program inspections and incident/complaint inspections.
- How emphasis programs have been modified and strategies for successful outcomes.
- Our personal experiences regarding inspections conducted under key emphasis programs.
