COMPLIANCE SECTION

Mock Environmental And
Safety Inspections

INTRODUCTION
Every day Federal, State or Local agencies perform surprise inspections of facilities to determine their compliance with environmental, safety, fire and other general regulations. How does your company react to such an inspection? Are in-house procedures followed? Does the facility manager or contact person know their rights during one of these surprise inspections? Are they prepared?

DISCUSSION
The Payne Firm has developed a “Mock Environmental and Safety Inspection Program” for the purpose of evaluating companies’ readiness for regulatory inspections. We have successfully completed this program for several industrial manufacturing clients. The program concept is that two people – one environmental-focussed and one safety-focussed – perform a “surprise environmental and safety inspection” at the facility. Prior to performing the inspection, the Payne Firm representatives meet with company officials and environmental legal counsel to review the inspection process, as it would pertain to the facility. During this meeting, any procedures for environmental or safety inspections are reviewed. Typically, the surprise inspection takes place in the morning with a debriefing in the afternoon. Any deviations from the company’s procedures would be noted and any issues of noncompliance would be discussed during this debriefing meeting.

For smaller companies, on the day of the inspection it can be arranged that the owner or facility manager is away from the facility in order to verify that procedures are used and followed in his/her absence.

SCOPE OF INSPECTION
Depending on specific operations at a facility, the Payne Firm may focus on limited areas of inspection (agreed to in the pre-inspection meeting). For example, air and solid waste may be evaluated for the environmental inspections; whereas the safety inspection may focus on machine guarding and personal protective equipment. The areas of inspection are easily modified to suit the client’s needs.

The inspection process typically begins with two representatives of the Payne Firm presenting credentials at the reception area. If the reception area is not clearly marked, we may enter the manufacturing area to test the procedures for strangers in the manufacturing area. After the presentation of credentials, we often provide the facility with a list of information we will need prior to our departure at noon. The list will be lengthy so that the facility “feels under pressure” to provide us information. A tour of the facility will then be conducted and records reviewed.

The safety inspection will have a “closing conference” with the facility representative prior to adjourning at noon. The environmental inspector will not have a closing conference. In the afternoon debriefing meeting, the facility people will be made aware that this was a mock inspection and then the compliance structure will be critiqued.

Because of the sensitivity of information gathered, we recommend that this work be performed under the direction of legal counsel. Should you need assistance in identifying environmental and safety legal counsel, the Payne Firm can provide names of several law firms specializing in environmental and safety matters.

SUMMARY
Your facility or your client may have a surprise safety or environmental inspection at any time. To assess the preparedness of your facility staff, a Mock Environmental and Safety Inspection may be in order. If you wish to discuss the applicability of a mock inspection at your facility, please contact Tony Domanico or Dan Woody at the Payne Firm at 513.489.2255 or toll free at 800.229.1443 or send an e-mail to aid@paynefirm.com or dtw@paynefirm.com.