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The Lighter Side of OSHA By Jason Bader, Pr incipal The Distr ibution Team invading our workplace. And these aren't the $35 tags that grace our wind- shield when we linger in a parking spot too long. These citations can easily hit the four- or five-digitmark depending on the severity of the violation. Let's face it, a visit from OSHA often ranks up there with a visit from the IRS. But,were you aware that there is a completely sepa- rate armofOSHA designed to help small businesses provide a safe environment for their employees? Best of all, it's free. The statement "We're from the gov- W ernment and we're here to help" has been the punch line in many a pop cul- ture medium. At the very least, it raises an eyebrow when spoken from an over- starched, briefcase-toting individual. Entrepreneurs are natural skeptics when it comes to governmental assis- tance and advice. But I am here to tell you, this one is a pretty good deal. I stumbled across this side of OSHA when I began teaching a warehouse management course for the American Supply Association. In our discussions about employee safety, some of the par- ticipants mentioned that they had invit- ed an OSHA consultant in to do an assessment of their facility. After the ini- tial shock wore off, I heard some pretty amazing success stories and I became more curious about OSHA's alter ego. I did some research and learned that this less publicized side of the safety and 30 FEDA News & Views26 FEDA News & Views hen most of us hear the word OSHA, we instantly conjure up images of ticket-writing cops health administration is referred to as the OSHA Consultation Services pro- gram. I even invited a member of the consulting service side to speak at one of my training classes. It was at this event that my opinion of the agency completely changed. The consulting programis designed to help small businesses provide safework- ing environments. It generally focuses on companies with fewer than 250 employees at one site andwork on prac- tical solutions designed to fit the indi- vidual environment. Best of all,working with the consulting services side of OSHA can give you an exemption from the enforcement side for up to two years. I would consider that some pret- ty cheap insurance. So what happens if the enforcement side of OSHA comes knocking on your door? For starters,you are going to get a violation. I don't care how squeaky clean you think you are, an inspector can always find something to write up. It's just like an IRS audit.They will find some reason to justify their time and energy on site. There have often been rumors that auditors have quotas or receive bonuses for issuing citations.My contact with the service told me that this was simply not the case. On the other hand, those who discover more citable violations tend to be promoted faster. As anyonewho has been investigated by OSHA can tell you, this is not a slap on the wrist event. Generally first time offenders, without malicious or negli- gent intent, can expect somewhere around $7,000 per violation discovered. Willful, repeat or severe negligence sit- uations can expect $50,000 to $70,000 fines. Of course, these fines are nego- tiable and rarely does a company pay the full amount, but it hurts all the same. How many additional sales dol- lars do you have to produce to pay for $50,000 in violations? Do the math. If you're convinced a call to the con- sultation service is worth it, the steps below will help you get started. However, it should be noted that the consultation side is not allowed to dis- cuss your case with the enforcement side. In most states, they are completely separate entities. In fact, many states contract with local universities to con- duct the consulting services. Step One Contact your local consultative serv-