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CLOSING CONFERENCE program. Both the employer and employee representatives

At the conclusion of an inspection, CSHOs will conduct a will be advised of their rights to participate in any subse-
“closing conference” with the employer and the employee quent conferences, meetings, or discussions, and of their
representatives, jointly or separately, as circumstances dictate. rights to contest the citation.
The closing conference may be conducted on-site, which I Any unusual circumstances noted during the clos-
would recommend and request to be done with the CSHO ing conference will be documented in the case file. Since
in person before leaving the resort or by telephone. CSHOs may not have all pertinent information at the time
CSHOs will discuss the apparent violations and other of the first closing conference, a second closing conference
pertinent issues found during the inspection and note rel- may be held by telephone or in person. CSHOs will advise
evant comments on the violations (OSHA-1Bs), includ- employee representatives that Under 29 CFR 2200.20 of
ing input for establishing correction dates. They will then the Occupational Safety and Health Review Commission
give employers the publication, “Employer Rights and regulations, if an employer contests a citation, the employ-
Responsibilities following a Federal OSHA Inspection,” ees have a right to elect party status, which means that
which explains the responsibilities and courses of action affected employees and authorized employee represen-
available to the employer if a citation is issued. States that are tatives may elect party status concerning any matter in
regulated by OSHA state plans will have a version of their which the Act confers a right to participate. The election
own Employer Rights and Responsibilities to give to employ- will be accomplished by filing a written notice of the elec-
ers. The CSHOs will then briefly discuss the information in tion at least 10 days before the hearing. The employer
the booklet and answer any questions. should notify them if a notice of contest or a petition for
All matters discussed during the closing conference will modification of abatement date is filed. The employees
be documented in the case file. The CSHO will discuss the have Section 11(c) rights “discrimination” and have a right
strengths and weaknesses of the employer’s occupational to contest the abatement dates. Such contests must be in
safety and health system and any other applicable pro- writing and must be postmarked within 15 working days
grams, and advise the employer of the benefits of an effective after receipt of the citation.

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SPRING 2017 | NSAA JOURNAL | 17