OSHA Enforcement on the Rise

Preparing for Workplace Safety Investigations, Responding to Citations, and Negotiating Penalties

DOL makes OSHA compliance top enforcement priority

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, February 16, 2010

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will discuss current trends in OSHA enforcement and explain how OSHA approaches and carries out its workplace investigations. The panel will provide best practices for employment counsel when preparing for and participating in an OSHA inspection, responding to citations, and negotiating penalties.


The Obama administration has identified OSHA compliance as a top enforcement priority and has promised to aggressively monitor businesses for compliance with workplace safety requirements.

Employers and their counsel should prepare now for increased safety inspections, closer scrutiny of injury recordkeeping and reporting, a stronger focus on investigations of employee whistleblower claims, and tougher negotiations with OSHA regarding penalties and citations.

Listen as an authoritative panel of employment law attorneys explains current OSHA enforcement trends and describes how OSHA approaches and carries out workplace investigations. The panel will outline strategies for preparing for and participating in an inspection, responding to citations, and negotiating penalties with OSHA.



  1. Current OSHA enforcement trends
    1. Increased budget for OSHA inspectors and enforcement programs
    2. More aggressive penalties
    3. National emphasis program on injury and illness recordkeeping
    4. Pending legislation — Protecting America’s Workers Act of 2009
  2. Preparing for OSHA investigations
    1. Two types of investigations
      1. Compliance investigations
      2. Whistleblower investigations
    2. Internal and external audits of OSHA compliance
    3. Effective, current safety and health program
    4. Adequate recordkeeping
    5. Manager and employee training
    6. Safety committees
  3. Participating in an OSHA inspection
    1. Selecting company representative
    2. Opening conference and record requests
    3. Walkaround inspection
    4. Employee and supervisor interviews
    5. Closing conference
  4. Responding to OSHA citations and negotiating penalties
    1. Appeal procedures
    2. Settlements


The panel will review these and other key questions:

  • What should employers expect from the recent increase in OSHA enforcement?
  • What steps can employers and their counsel take to prepare for an OSHA inspection?
  • What strategies should employers use when responding to a citation and negotiating penalties arising from an OSHA inspection?


James A. Lastowka
James A. Lastowka

McDermott Will & Emery

He has practiced exclusively in the field of occupational safety and health for close to 30 years. He is a recognized...  |  Read More

Peter R. Spanos
Peter R. Spanos

Burr & Forman

His experience includes: employment policies, procedures and “best practices;” Fair Labor Standards Act...  |  Read More

Patricia A. Poole
Patricia A. Poole

Baker Hostetler

She has significant experience assisting employers with matters involving federal and state safety and health statutes...  |  Read More

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