Preparing For An OSHA Interview Under The Current Administration

As many employers know, OSHA has attempted to gain unprecedented power in the inspection process.  Indeed, as this article is written, battles are being fought in federal court relative to OSHA's authority and power in the inspection and rulemaking process.

One of the tools OSHA employs in the inspection process is the aggressive pursuit of employee interviews.  Aggressive interviews, coupled with OSHA's insistence that the interviews are OSHA's "right," have led employees and employers to feel an extreme sense of helplessness during the interview process.  These attempts to broaden OSHA's power underscore the need for employers to obtain guidance – in advance of an inspection – on how to prepare and handle company witness interviews.