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4 2 Pallet C e nt ral • July -Aug u st 2 0 26 OSHA BY ADELE L. ABRAMS, ESQ., ASP, CMSP OSHA'S CONSULTATION PROGRAM: Is It Actually Free? I n the current administration, the Department of Labor has been very management friendly, and part of their outreach efforts includes a reboot of its 50-year-old On- Site Consultation Program (CP) offered by the Occupational Safety and Health Administration (OSHA). is is a free program that essentially provides a third-party audit service benchmarked to OSHA compliance requirements. As discussed in detail below, the CP is funded by OSHA—via its appropriations from Congress—and helps employers identify and address (i.e., correct) potential safety or health hazards at their workplace as well as improve their workplace safety programs and training. OSHA states that this program prevents over 8,700 workplace injuries and saves the US economy almost $1.5 billion annually. But is it really free? And how does using this service compare with having an audit by your insurance company, or hiring a safety professional and conducting an audit under legal privilege? Each approach has its pros and cons in terms of OHS benefits and legal exposures. First, the basics. OSHA's On-Site Consultation Program offers no-cost and confidential occupational safety and health services to small and medium- sized businesses in all 50 states, the District of Columbia, and several US territories, with priority given to high hazard worksites. When an employer asks to participate in the CP, OSHA will deploy highly trained consultants from state agencies or universities to work with the employer to identify workplace hazards, give advice on how to fix the identified issues, and provide assistance in determining compliance with OSHA standards. In some

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