Preparing for an OSHA Inspection
April 22, 2022
The Occupational Safety and Health Administration (OSHA) is the government agency that monitors and enforces compliance with workplace safety laws. Under the Occupational Safety and Health Act, Compliance Safety and Health Officers (CSHOs) have the authority to inspect the facilities of any employer subject to OSHA’s regulations. Employers have a right to request a warrant for inspection. Although it may buy time, it will likely broaden the inspection and give the CSHO a negative impression.
Common Reasons for an OSHA Inspection
- Imminent danger situations
- Fatalities or severe injuries reported to OSHA
- Worker complaints
- Referral inspections (other agencies, third parties or media)
Preparing for an OSHA Inspection
- Have principal contacts for the inspection. Document the list of designated employees and train them on all aspects of an OSHA audit. Ensure enough personnel are trained in case of a scheduling conflict.
- Decide where the CSHO will be placed and where employee interviews will occur.
- Have updated safety documentation prepared to be presented to the CSHO.
- Train all managers on how to contact the proper personnel and where to place the CSHO while everyone is being notified.
- Assemble an inspection kit. This kit should include:
- A camera for video and photography recording
- Required personal protective equipment (PPE)
- Labels or stamps to mark information that should be tagged as "confidential" or "trade secret"
- Basic facility information (e.g., type of work performed, number of employees, names of management personnel and a list of contact information)
- Contact information for the local OSHA office
- Testing equipment (Check calibrations and expirations on equipment regularly)
Safety Documentation to Have
- OSHA 300 Form for the current year and the previous five calendar years
- OSHA 300A Form for the previous five calendar years
- Injury and incident reports for the current year and the previous five calendar years
- OSHA 301 Forms (Most state workers' compensation forms are acceptable substitutes.)
- Completed training programs
- Safety data sheets (SDSs)
- Written safety compliance programs
When the OSHA Compliance Safety and Health Officer Shows Up
- Be polite. Greet the office and ask to see their credentials, if they do not offer to show them. Confirm those credentials, or call your local OSHA office for any questions.
- Place the CSHO in the pre-determined private conference room or office.
- Notify the designated company employees who will need to take part in the inspection.
During the Opening Conference
- Determine the purpose of the inspection. If there has been a complaint, ask for a copy of the complaint. OSHA will protect the identity of any employee who has submitted a complaint.
- Define the scope of the inspection, and limit consent only to the areas cited in the complaint. This is the time to configure a route for the walk-around, which should be as limited as possible.
- Identify areas of the workplace or documents that might contain trade secrets. Confirm with the CSHO that photographs and/or documents containing information about trade secrets will remain confidential.
- Discuss the process for conducting employee interviews and producing documents. If possible, schedule employee interviews so shifts are covered.
- Ask the CSHO to make all requests for company information and document in writing. Your company’s legal counsel should review all requests for documents and information, as well as all information and documents provided.
- Gather your inspection equipment.
During the Walk-Around
- Begin the walk-around. Make sure everyone has the required PPE and is following the proper safety protocols of the site.
- Keep the route as limited as possible.
- Understand the plain view doctrine. This means a CSHO can investigate any hazard observed while walking through the premise.
- Document the CSHO’s findings and your own findings by taking detailed notes.
- Make sure to take pictures, samples and measurements of anything the CSHO takes, and at the same time. Your company can request that samples and monitoring take place at a time when the company can conduct its own sampling and monitoring.
- Complete “quick fixes” right away. If you or the CSHO identifies any quick fix items, have them taken care of immediately. The CSHO will take these actions as proof of your company’s willingness to comply with safety and health laws.
- Do not interfere with employee interviews. The CSHO has the right to conduct employee interviews in private. Employee interviews may involve labor representatives, rank and file employees, and management personnel. If there is an interview of a company decision-maker, then it is highly encouraged to have a representative present as any statements made are considered binding admissions on the employer.
During the Closing Conference
- Request copies of all OSHA samples and monitoring reports from the CSHO.
- Ask the CSHO to provide you with an acknowledgment of receipt for all documentation provided during the inspection.
- Provide the CSHO with the name, title and contact information of the person(s) to whom all OSHA correspondence should be directed.
- List out any alleged violations that have already been corrected. If directed by legal counsel, provide additional information and documentation relevant and supportive of the company’s position as well as any information which shows abatement of any alleged violation.
- Do not make any impulsive commitments, for example corrective actions or dates.
- Discuss possible violations. Understand that only the OSHA Area Director can issue citations, and this process can take up to six months after the inspection. The Area Director may rely on a CSHO’s recommendations to issue a citation, but CSHOs may be hesitant to address whether they will recommend a citation during their visit to your facility.
After the Closing Conference
- Try to obtain all sample and monitoring reports from OSHA.
- Provide the company’s legal counsel with copies of all of the documents provided to OSHA and all of the notes, photographs, videos, etc., taken during the inspection.
- Reference an up-to-date copy of OSHA’s Field Operations Manual. Look this over to determine whether there were any issues during the audit. Any information found can be used as supporting documentation to negotiate a settlement.
Citations
If your facility receives citations from OSHA, you should:
- Post the citation. Post citations in all areas in which the violation occurred. The citations must be posted for three working days or until the violation has been corrected, whichever is later.
- Notify your legal counsel. Immediately notify the company’s legal counsel about the citation and send a copy of the citation to them.
- Start the Abatement Process. Review all areas noted by the CSHO and all violations from previous inspections (if any), and correct any issues that were found within the time frame stated on the citation. Document the corrections to show that abatement was completed. It is important to make sure all hazards are corrected, or you may be assigned larger penalties during subsequent inspections.
- Make note of all deadlines. This avoids creating a short turnaround time to complete abatement measures.
Violation Classifications and Penalty Amounts of OSHA Citations
- De Minimis
- Violation based on technical standards, and does not involve any threat to the safety and health of employees.
- Typically, doesn't carry any penalty.
- Other Than Serious
- Classified as unlikely to cause serious physical harm or death.
- $14,502 per violation.
- Serious
- Hazards that could cause serious bodily harm or death.
- $14,502 per violation.
- Willful
- The employer committed the violation knowingly or with indifference.
- $145,027 per violation.
- Repeated
- A hazard of a same or similar standard that the employer was aware of before, received a citation for and has not mitigated.
- $145,027 per violation
- Criminal
- A violation that caused a death and was willful in nature. A violation of this nature is punishable by a misdemeanor conviction and a significant monetary penalty.
- Maximum Penalty: Not more than $250,000 for an individual or $500,000 for an organization and up to six months in jail.
Appeals Process
Once you receive a citation, you have a few options for what to do. You can schedule an informal conference with the OSHA Area Director to discuss the violations and try to reach a settlement agreement. If you are unable to reach an agreement, then you can either pay the citation or file a Notice of Contest to pursue a formal hearing.
Informal Conference
You may request an informal conference with the OSHA Area Director to reach a settlement agreement. You are able to discuss citations, penalties, abatement dates or any other information pertinent to the inspection. Though they are informal, be prepared for the conference. Employers can present defenses to citations, and OSHA may agree to withdraw some citations or lower the penalty. Consider the following tips for productive informal conferences:
- Schedule the informal conference promptly. The conference must be held before the end of the 15-day period for filing the Notice to Contest. Please note that there may be some differences in timelines and procedures between federal OSHA offices and agencies run by OSHA-approved state programs.
- Discuss citations and remedial measures taken. If your goal is to have OSHA vacate the citation, be ready to explain why the citation is incorrect or unwarranted.
- Use supporting documents. Even though this is informal, prepare and review your case with your company’s legal counsel. Use an evidence-based approach. Be sure that OSHA has objective evidence regarding each alleged violation. Explain any mitigating circumstances and showcase your company’s commitment to safety.
- Keep track of all issues and their status. You want to make sure every item was resolved.
Remember, OSHA Area Directors want to reach a settlement. Their main goal is to make sure you rectify the identified hazards and are compliant. If you do not reach a settlement conference, then decide whether you should pay the fine or contest it. There may be a reduction in the penalty if the inspection went well; you may have to pay the penalty early in order to pay the discounted amount.
Formal Hearing
If you are contesting the citation, make sure to review timelines and dates for submitting requests and documentation. You must file a Notice of Intent to Contest within 15 working days. By filing a Notice of Contest, the file is transferred over to the Department of Labor to the Office of the Solicitor to begin litigation. A formal hearing will be scheduled and take place in front of an Administrative Law Judge. Formal hearings can be appealed in federal court.
For additional OSHA resources, contact Simco today.
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If you recently received notice that your Medicare plan, or Medicare Advantage plan, is being discontinued, you’re not alone. Across the country (and right here in New York), insurers are scaling back or exiting less profitable markets ( Kiplinger ). While this can feel stressful, there are steps you can take to make sure your coverage doesn’t lapse and to find a better plan for your health and budget. Why Are Plans Being Discontinued? A mix of financial pressure, federal reimbursement changes, and rising health costs is driving insurers to reduce their Medicare Advantage footprints: Some major insurers are cutting back or exiting entire counties. For example, UnitedHealth announced it will discontinue its Medicare Advantage presence in 109 U.S. counties in 2026, according to Reuters . Local carriers in New York are also making changes: MVP is dropping several plans, and CDPHP is eliminating certain drug-coverage options, the Times Union explains . These shifts are happening alongside tighter government funding and increased regulatory strain. Because insurers must absorb the extra cost of covering benefits while meeting regulatory caps (for example, on prescription drug out-of-pocket limits), some plans become financially unsustainable and are discontinued ( the Kaiser Family Foundation ). Steps to Take if Your Plan Is Discontinued Here’s how to act so you don’t lose coverage: 1. Review the notice you received carefully Your insurer is required to send you a non-renewal or discontinuance notice. It often includes deadlines, whether you can enroll through a Special Enrollment Period (SEP), and what options you have. 2. Note the relevant enrollment period The Annual Enrollment Period (AEP) runs October 15 to December 7, 2025 , during which you can switch Medicare Advantage or Part D plans. If your plan was discontinued, some notices allow you to select a new plan until December 31 without penalty. In limited cases, you may qualify for a Special Enrollment Period (SEP) following the discontinuation. 3. Research your options early Don’t wait until the last minute. Compare plans available in your area. Key things to look at: Provider networks: Will your doctors still be covered? Drug formularies: Does the plan cover your medications and at what cost? Premiums, deductibles, and out-of-pocket max: These can vary significantly. Benefit trade-offs: Some plans reduce supplemental benefits (vision, dental, wellness perks) when trying to maintain financial viability. 4. Enroll in the new plan Submit your enrollment by the relevant deadline (typically December 7 for the Annual Enrollment Period (AEP). However, If your plan was discontinued, you may have until December 31 to choose a new one without penalty). Make sure the new plan starts January 1 to avoid coverage gaps. 5. If your plan wasn’t discontinued, still review Even if your current plan remains active, benefits, networks, and costs often change each year. It’s wise to compare alternatives anyway, especially after insurer shake-ups. Why Timing & Support Matter Delays cost you: Failing to enroll by deadlines could mean losing drug coverage or being locked into a less ideal plan. Support can ease the burden: Licensed agents can help you compare side-by-side, explain trade-offs, and guide you through enrollment. You deserve the best match: Everyone’s health and financial needs differ. Don’t settle for the first available option unless it truly fits. How Simco Can Help At Simco, we understand the stress of sudden plan changes. Our licensed insurance advisors are ready to: Help you interpret your discontinuance notice Compare plan options available in your area Assist with enrollment paperwork Explain benefit trade-offs and cost implications You don’t have to navigate this alone. Whether your Medicare Advantage plan was discontinued or you’re simply exploring your options, our team is here to support you. Contact us today to schedule a 1-on-1 consultation, and let us help you find the plan that keeps you covered and confident in 2026 and beyond.
At Simco, we’re proud to be a trusted isolved Network Partner , which means the Human Capital Management (HCM) technology we deliver to our clients is powered by isolved People Cloud™. And now there’s even more reason to celebrate: isolved has been recognized as the #1 SMB HCM provider across the entire employee lifecycle in Sapient Insights Group’s 28th Annual HR Systems Survey. This annual survey is one of the most respected benchmarks in the HR technology industry. With feedback from over 4,500 HR professionals, Sapient Insights captures the real voice of the customer by evaluating vendors across two critical areas: User Experience (UX) and Vendor Satisfaction (VS). isolved earned an impressive 38 badges this year, the most awarded SMB vendor for the second year in a row, and ranked #1 in 13 different SMB categories . Breaking Down the Results isolved’s recognition wasn’t limited to a single function. It spanned the entire employee lifecycle, covering everything from payroll and benefits to recruiting and workforce management. Highlights from the survey include: Payroll — Ranked #1 in both User Experience and Vendor Satisfaction for SMBs Core HR — #1 in Vendor Satisfaction Benefits — #1 in User Experience Recruiting — #1 in both User Experience and Vendor Satisfaction Time & Attendance — #1 in both User Experience and Vendor Satisfaction Skills Management — #1 in User Experience Rewards & Recognition — #1 in User Experience In addition, isolved placed in the Top 5 across numerous other categories like onboarding, learning, performance management, workforce scheduling, and contingent management. What does this mean? isolved’s solution isn’t just strong in one area, it’s consistently delivering across all the areas that matter most for small and mid-sized businesses. Why This Matters for SMBs Today’s SMBs face more challenges than ever. Recruiting is competitive, employee expectations are higher, and compliance requirements grow more complex every year. Business owners often find themselves piecing together multiple vendors to handle payroll, HR, benefits, and insurance, adding complexity and risk. isolved’s sweep across the Sapient Insights report shows that SMBs no longer have to choose between great payroll software and effective talent tools, or between benefits management and workforce scheduling. With isolved, the technology already covers the full employee lifecycle, validated by real-world HR pros. From Recognition to Results isolved’s 38 badges and top rankings validate what our clients experience every day: Accuracy and trust in payroll with fewer errors and compliance risks. Simplified benefits administration that keeps employees happy and businesses competitive. Recruiting and onboarding tools that make hiring more effective. Time and scheduling solutions that align workforce needs with operational efficiency. These results aren’t just about technology; they’re about enabling SMBs to compete, thrive, and support their people better. The Simco Advantage: More Than Just Software Here’s the ultimate key: technology is only half of the solution. Technology is powerful, but the real impact comes from how it’s put into practice. At Simco, we go beyond simply providing software. We deliver a fully integrated HCM and advisory solution that ties every part of workforce management together. Here’s what sets us apart: One Point of Contact: A dedicated resource who understands your business and ensures your HCM, HR, benefits, insurance, and retirement services work in sync. All-in-One Partner: From payroll and HR to insurance and 401(k) plans, we eliminate the hassle of juggling multiple vendors. Advisory + Optimization: We don’t just implement technology. We guide you in using it to strengthen compliance, employee engagement, and growth strategies. As your business grows, your needs change. By pairing isolved’s award-winning technology with Simco’s hands-on expertise, we help you stay ahead, operate more efficiently, and build better employee experiences. Key Takeaways isolved’s recognition in the Sapient Insights report shows that SMBs have access to enterprise-grade HR technology tailored for their needs. And with Simco as your partner, you’ll never have to choose between the strength of your platform and the quality of your service; you’ll have both. Want to see how Simco + isolved can streamline your payroll, HR, benefits, and more? Contact us today.
In today’s digital-first world, small and mid-sized businesses are just as vulnerable, if not more so, than large corporations when it comes to cyberattacks. Limited budgets, fewer in-house IT resources, and the perception of being “too small to target” often leave business owners dangerously exposed. The reality? Hackers don’t discriminate based on size; they look for the easiest entry points. Here are the top five mistakes businesses make, how to avoid them, and what steps you can take today to protect your company, your employees, and your bottom line. 1. Relying on Weak or Outdated Passwords Passwords are often the first line of defense, and also the weakest. Too many businesses rely on simple or reused passwords that can be cracked in seconds with modern tools. The Modern MFA Landscape While passwords remain standard, multi-factor authentication (MFA) has become the new baseline. However, how you implement MFA matters: Avoid email for MFA codes. If a phishing attack compromises an employee’s inbox, bad actors can intercept the code and access sensitive systems. SMS is better but not bulletproof. Text messages provide an extra layer of security but can still be intercepted. Authenticator apps are the gold standard. Tools like Authy, Microsoft Authenticator, or Google Authenticator create time-based one-time codes that aren’t tied to email or SMS. Forward-looking companies are also exploring passwordless authentication, a model that reduces dependence on static credentials altogether. Until then, tightening password hygiene and upgrading MFA methods should be immediate priorities. 2. Overlooking Employee Training Even the most advanced cybersecurity tools can’t stop an employee from clicking a malicious link or downloading infected files. Human error remains the biggest vulnerability in most organizations. What Employees Need to Know Instead of broad, once-a-year sessions, ongoing training should focus on real-world risks employees face daily. Consider including: How to spot suspicious links and attachments Why “urgent” or “CEO fraud” emails are red flags Safe internet practices for remote or hybrid workers How to report suspicious activity without fear of blame Building a Culture of Cyber Awareness Cybersecurity isn’t just an IT issue; it’s a company-wide culture. Leadership should model secure behavior and celebrate employees who catch threats. Over time, security becomes second nature rather than an afterthought. 3. Neglecting Regular Software Updates Software vendors release updates for a reason: to fix vulnerabilities. Delaying or ignoring these updates gives hackers a direct pathway into your systems. The Risk of Outdated Systems Running outdated operating systems, browsers, or applications often leaves “open doors” attackers can exploit. Businesses that don’t patch quickly enough have been at the center of major breaches. Automating updates or assigning a designated IT contact for patch management ensures vulnerabilities are closed before they can be exploited. Even for smaller businesses without dedicated IT staff, outsourced providers or managed IT services can fill this role affordably. 4. Failing to Prepare an Incident Response Plan (IRP) Too many businesses wait until a breach happens to figure out how to respond. By then, panic sets in, time is lost, and the financial damage increases. Why an IRP Matters An Incident Response Plan is essentially a playbook for what your business will do in the first 24–72 hours after an attack. It should outline: Who is responsible for containment and communication Steps for isolating affected systems Legal or regulatory reporting requirements How to restore backups and resume operations Tip: Run Cybersecurity Fire Drills Just like fire drills, businesses should run simulated cyber incidents. Testing your IRP helps employees understand their roles and uncovers gaps before a real attack occurs. 5. Assuming Insurance Alone Is Enough Some business owners mistakenly believe their general liability insurance will cover cyber-related losses. Unfortunately, most policies exclude data breaches, ransomware, or social engineering scams. The Role of Cyber Liability Insurance Cyber liability insurance fills these gaps by covering costs like forensic investigations, customer notifications, legal fees, regulatory fines, and even ransom payments (where legal). For small businesses, this coverage can mean the difference between survival and bankruptcy after a breach. But insurance should never replace prevention. Instead, think of it as a financial safety net that complements strong security practices, not one that replaces them. Click here to learn more about how Simco’s Commercial Insurance team can help protect your business with cyber and data breach coverage and beyond. Secure Your Business for the Future Cybersecurity is no longer optional for businesses; it’s a core part of protecting your employees, customers, and reputation. By addressing these five common mistakes, you’ll not only reduce your risk of an attack but also build trust with clients who want assurance that their data is safe in your hands. Taking proactive steps now, including strengthening authentication, investing in training, creating an IRP, and supplementing with cyber liability insurance, can save untold amounts of money, stress, and reputational damage later.
