Whether from your workers' comp carrier or your broker, or through us, it is smart to spruce up your written plans and correct any workshop hazards with the assistance of an independent consultant before you invite Consultation in. And it is smartest to have that consultant's work protected by the attorney-client privileges.

Why? Remember that if Consultation finds a serious hazard, they will give you what THEY consider to be a reasonable time to correct it before calling Enforcement. Their idea of reasonable might not be yours, and the deadline they set may not allow you to consider all of the alternatives and choose the best solution for your company.

Also, as we mentioned above, even though there is a quasi-firewall between Consultation and Enforcement, there are ways it can be breached. You will feel more free to speak candidly with your own consultant than you ever will with someone from OSHA.

And if the consultant's work is protected by the attorney-client privileges from disclosure in legal procedings, both of you will be even more free to speak plainly. Our safety audit services are specifically designed to maximize this protection.

Once your consultant tells you that you are in good shape, call Consultation [1-800-963-9424]and make an appointment for a visit. Tell them that you wish to have a complete review of your written programs, your work place and your work practices to insure that you are in compliance with OSHA's regulations.

When Consultation shows up, accompany them on their walk. Try to have your consultant with you at the walk-through. He or she can "speak safety" and may be better able than you to communicate with the Consultation representative. Certainly, your consultant will be more attuned to your business than Consultation. He or she will also be more aware than you of the implications of what Consultation is saying. And he or she may be able to offer a more reasonable alternative if a fix that Consultation suggests does not sound right to you.

When you get Consultation's report, take a look at their recommendations. Unless you have a serious issue, do them all. Then have Consultation back out to confirm that the fixes have been done.

Bingo! You have the peace of mind that you have done all that OSHA requires to insure your employees a safe working environment. And, unless something goes badly, you have an ace against a serious citation.

Here's why: In order to reduce a "serious" citation to "general", the employer must prove that it actually did not know of the hazard, and could not have known even with the exercise of reasonable diligence. What better proof than having a report from OSHA's own which shows that all of the hazards that THEY found have been corrected? And if Consultation's people didn't find a hazard, how could you be expected to?

This situation occurred in a case we handled a year ago, where the employer was cited for a permit-required confined space violation. The issue was whether the space in fact required a permit for entry. We were able to provide Enforcement with a Consultation report that discussed the area where the space was located, but said nothing about the space itself. Result: Serious citation reduced to Notice in Lieu of Citation.