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April 2016 • www.CPAPracticeAdvisor.com 31 FEATURE afer they occurred. According to the lawsuit, one employee bumped his head on a low-hanging beam, but did not report the incident to his super- visor. Four days later he allegedly began experiencing stifness in his shoulder, and his union represen- tative reported the head-bumping incident to U.S. Steel. Te company suspended the employee for fve days for failing to comply with its report- ing requirements. In addition, the complaint alleges that another U.S. Steel employee noticed a small splinter in his thumb while working. He removed the splinter and did not report the incident. Two days later, afer expe- riencing swelling, he visited a doctor, received treatment, and reported the incident. U.S. Steel also suspended this employee for fve days for fail- ing to comply w ith its reporting requirements. Bot h employees f i led com- plaints with OSH A, alleging that they were suspended in retaliation for reporting workplace injuries. OSH A investigated both incidents and determined that U.S. Steel had retaliated against the employees for reporting the incidents, regardless of U.S. Steel's policy. A fer U.S. Steel ref used to change its immediate reporting policy, the DOL brought suit, asking a federal court to force U.S. Steel to modif y its policy. Next Steps With the probabilit y of a major increase in OSH A fnes on the horizon and increased enforcement activity from the agency, companies need to prepare themselves to avoid sanctions and to respond appropri- ately if they are the target of an inves- tigation. Steps to take include: 1. STAY ING UPDATED ON OSH A'S ACTIONS Companies should work closely with their legal counsel, both in-house and at law frms, to understand the enforcement positions and penalties OSH A could seek, and how they are a fected. Business organizations and trade groups can also be good sources for this kind of information. 2. K NOW YOUR V ULNER BILITI ES Some workplaces present more potentially hazardous situations than others. According to OSH A, in fscal year 2015 the top 10 most frequently cited standards violations were: fall protection; hazard com- munication; scafolding; respiratory protection; lockout/tagout; powered industrial trucks; ladders; electrical, wiring methods; machine guarding; and electrical, general requirements. By recognizing where common risks exist, employers can adopt policies that address the specifcs of their workplaces and proactively mini- mize workplace safety risks. 3. R EV I EW YOUR POLICI ES A ND PROCEDUR ES In light of the increased focus by OSH A and the potentially costly fnes, now is a good time for employ- ers to perform a thorough audit of their workplace safety policies and procedures. Many employers have immediate reporting requirements like U.S. Steel. Tese policies have many benefts, including allowing employers to identif y injur y risks much quicker and reduce workers' compensation fraud and abuse. Accordingly, some employers may not wish to adopt the position advo- cated by the DOL. Tere is no sil- ver bullet solution here. Employers should review the specifcs of their workplace, consult with supervisors, managers, and legal counsel, and determine the policy that fts best. 4. TR IN EMPLOY EES Everyone accepts that work- ers need to be trained on proper safety techniques. In case of work- place accidents and incidents, employees also need to know how to respond, including which forms to complete. Employers should regu- larly review training procedures and content to make sure they are efec- tive and up to date. 5. H AV E A PL A N IF OSH A SHOWS UP W hen OSH A conducts an inspec- tion, it rarely ofers advance notice. Tat means every site should know how to respond to an OSH A investi- gation, including who to contact and what rights the company has when inspectors show up. W hen an OSHA inspector arrives, he or she should show credentials and ask to meet the appropriate employer representative. In the "opening con- ference," the OSH A compliance ofcer explains why the workplace was selected for an inspection and what the scope of the inspection will probably be. Te inspector will also describe the purpose of the visit and the standards that apply. He/she will also ask the employer to select a rep- resentative to accompany him or her during the inspection. In some cases, an employee representative may be part of the inspection as well. A fer the opening conference, the compli- ance ofcer and accompanying rep- resentatives conducts a walk-through to inspect work areas for safety and health hazards. Notwithstanding the position a company takes regarding OSH A on- site inspections, the company should have a sav v y legal team in place that understands the company, the industry, and the company's objec- tives, and that can respond quickly if necessary. With penalties for OSH A vio- lations set to increase, employers need to be more proactive than ever. Reviewing all safety policies, developing a response plan, and edu- cating employees before issues arise can decrease the chance of penalties and minimize them when they do occur. Richard D. Alaniz is senior partner at Alaniz Schraeder Linker Farris Mayes, L.L.P., a national labor and employment frm based in Houston. He has been at the forefont of labor and employment law for over thirty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolifc writer on labor and employment law and conducts fequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick's monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz-schraeder.com .