14 KEYS TO
SURVIVING A GOVERNMENT
AUDIT OR
INSPECTION
prepared by:
Independent Business Association (www.ibaw.net)
Almost
every business will be audited or inspected by one or more government agencies
over the course of a year. IBA members
often call in a panic asking, “An inspector is here or an auditor is coming,
what should I do?” Below are IBA’s 14
key recommendations to making the best of a government inspection or audit.
1. PREPARE
YOURSELF FOR AN INSPECTION OR AUDIT BEFORE IT HAPPENS Inspections are going to occur in most small
businesses, so plan for them. First,
educate your key staff and other workers about company policies dealing with
inspections. In almost every case, the
business owner has the right to be present or have a representative present at
the time the inspection is being conducted. If you are not there, who is your representative? If you do not have a representative or that
representative is not at your business when an inspector or auditor arrives,
your staff should inform the inspector or auditor that no employer
representative is available at that time and to get the inspector’s phone
number and the employer will call and arrange an inspection or audit time. Do not abuse this and be sure to be prompt
in calling and setting a time for the inspection or audit to occur. All workers should be instructed to tell
anyone not connected with the company to leave if they are on company
facilities not open to the public. This
includes inspectors as the employer has liability if a member of the public is
somehow injured when wandering around company facilities.
Prepare
your workers. They must know the basics
if asked by an inspector, which is often done.
Where are the fire extinguishers, where is the first-aid kit, where are
the MDSD's, is that (pointing) material hazardous and if so, what do you do to
protect yourself from exposure to it, and what do you do if there is a
fire? These are all common questions
that may be asked of any employee. They
must be prepared to answer them, but not provide additional unrequested
information.
2. KNOW
THE REGULATIONS THAT APPLY TO YOUR BUSINESS YOU need to know the basics of the regulations that apply to your
business. For most small businesses
with employees, you have 58 sets of regulations administered by 28 different
federal, state and local agencies to comply with. For a list, CLICK
HERE. YOU should know the basics of
each one of them. It is very important
that you know the basics and are in compliance with the basics when you are
inspected or audited. NOT being in
compliance with the basics is a tip-off to an inspector that there are a large
number of likely violations at your facility.
Complying with the basics shows the inspector that you are making a good
faith effort to comply and often reduces the size of any fines that may be
imposed. Also, complying with the
basics helps if you decide to appeal a citation in the future by showing a good
faith effort to comply.
3.
HAVE YOUR
PAPERWORK AND RECORDS IN ORDER Most inspections and audits require the
business owner to have certain records.
Keep your records in good order at all times. Don’t let them get sloppy or behind. Trying to put together records prior to an inspection or audit is
extremely difficult and often results in discrepancies and incomplete
data. For example, signed time cards
from employees are critical to many types of audits. Gaps or incomplete records are very difficult to put together
just before an audit. The same goes for
other tax and financial records. Resale
certificates for sales taxes and invoices for purchases including equipment and
supplies are also required for an audit or you may be assessed for back taxes
you cannot prove you have previously paid.
For inspections like safety and health inspections, training records,
illness and injury records, etc., which are required of most employers need to
be kept on an ongoing basis.
ALSO,
don’t forget the written plan requirements like an accident prevention plan,
hazards communication plan, emergency response plan etc. These must be prepared and kept up-to-date
in preparation for an inspection.
4. TAKE
ADVANTAGE OF “TECHNICAL ASSISTANCE” VISITS WHENEVER POSSIBLE Many state agencies have “technical
assistance” programs to assist businesses in voluntarily complying with various
state regulations. In most cases, these
“technical assistance” visits are free and the person who conducts a “technical
assistance visit” is prohibited from issuing citations unless they discover a
serious safety and health hazard or serious environmental hazard. For a list of these “technical assistance”
services from various state agencies, CLICK HERE.
5. FIND
OUT WHAT THE INSPECTOR OR AUDITOR WANTS TO LOOK AT BEFORE THE AUDIT OR
INSPECTION BEGINS In almost
every case, you have a right to know what the inspector or auditor is
inspecting or auditing for. In most
cases, it is a general compliance inspection or audit. In some cases it is an inspection based on
an employee or some other person’s complaint in which case the inspection or
audit should be more limited. You should
clearly ask what the inspector or auditor is inspecting or auditing so you can
prepare access to the appropriate records.
Most
auditors will send a letter in advance advising you of the purpose of the audit
and identifying the records they will want to review.
BE
CAREFUL - sometimes an environmental inspector will ask to take a soil, air
or water sample very innocently to help them determine something about the air
or water quality in the area. DO NOT
give an inspector approval to take such a sample without first consulting a
qualified attorney. They can only take
a sample in most cases if they have probable cause that your facility is
emitting a particular substance. YOU
should require them to show you proof of their “probable cause” before they
take any samples and consult with your attorney first. If they ultimately do take a sample, you
should have a qualified testing lab technician on site to take a sample at the
same time and at the same place that they do.
6. KNOW
YOUR RIGHTS AND USE THEM APPROPRIATELY
YOU do have rights during an inspection or audit. One of your primary rights is to be present
or have a representative present. Most
inspectors and auditors have broad authority to inspect or audit. In some cases, you can demand they get an
inspection warrant before they conduct an inspection. But, in most cases, this will just encourage them to look more
closely for violations and make them think you have something to hide. If samples of, say, water, air or soils are
taken, you have a right to take a sample of the same materials at the same time
and place as the inspector takes his or her sample(s), but you must provide you
own sampling containers or apparatus.
We suggest that you call in a qualified testing lab to take samples at
the same time and same place as an inspector does to protect your rights. You have the right to a written report of
the inspector’s or auditor’s findings.
In almost every case, you have the right to appeal the findings of an
inspector or auditor (more later).
7. WHERE
TO BEGIN AN INSPECTION OR AUDIT
Have a private location for the inspector or auditor to go when they
first arrive. It may be the owner’s
office, or a private office near where they entered your facility and where
they cannot see or hear the operations of the business. Maybe, at someone’s desk that can be made
available when an inspector or auditor arrives. We recommend you not lead them through your facility to some back
office so that they can observe your operations prior to your having an opening
interview with them. The person who
greets the inspector or auditor when they first arrive should lead them
promptly to that private location and advise the inspector or auditor that the
worker will notify the employer of their arrival and the employer will see the
inspector or auditor in just a few minutes.
The owner or owner’s representative should meet with the inspector or
auditor within 5 minutes of their arriving.
Some suggest, particularly for auditors, you provide them a very cramped and uncomfortable room. Going out of your way to provide an uncomfortable room will often become apparent and can backfire. We do suggest you provide the basics but little to no frills. Having a great view may encourage an auditor to stay longer.
Finally,
if this is an inspection, the person who greets the inspector should then notify
key staff that the inspector has arrived and the key staff should notify the
rest of the workers so that last minute preparations can take place like
cleaning up scraps, spills, and making sure all safety equipment is in proper
order.
8. OPENING
INTERVIEW YOU should conduct an
opening interview with the inspector or auditor. This is a good time to check their identification just to assure
yourself they are really an authorized inspector or auditor. Next, ask them to review the way they will
conduct the inspection or audit. If you
will have them work in a different location, this is a good time to take them
to that location (again, we suggest this not be a back room where they must
walk through your operations to access it).
For
safety and health inspections, the inspector may ask for an employee to go
along with him/her while he/she conducts the inspection. You will not be allowed to choose the
employee.
9. PROVIDE
THE INFORMATION THE INSPECTOR OR AUDITOR REQUESTS Be prepared to provide them the information
or records they want. IBA suggests that
if you provide a set of records and the auditor or inspector asks for some
other records, to ask if they are finished with the first records you gave them
so that you can re-file them.
DO
NOT provide records that have not specifically been requested by the inspector
or auditor.
10. CONDUCT
YOURSELF IN A BUSINESSLIKE MANNER
YOU and all of your staff should conduct yourself in a polite and
businesslike manner. Conversation
should always be courteous. All
management and workers must be clear not to provide any information about the
company or its operation unless specifically asked by the inspector or
auditor. Talking about the weather or
the sports scores is safe. If the
inspector or auditor does ask a question, the response should be directly to
the question asked and nothing further.
DO
NOT volunteer any unrequested information!
If
you end up with a real problem with an inspector or auditor where he or she is
not working with you in a businesslike manner, feel free at any time to ask for
the name and phone number of their supervisor.
If the problem continues or worsens, ask the inspector or auditor to
stop the inspection until you speak with their supervisor. Then take the inspector or auditor back to
the same place you first met with him or her and call their supervisor and
attempt to resolve the problem.
11. STICK
WITH THE INSPECTOR OR AUDITOR AND MAKE THEM OBSERVE ALL SAFETY REQUIREMENTS
The owner or his or her representative should stay with an inspector during all
of the inspection, or with an auditor if he or she leaves their designated work
location. The owner or the owner’s
representative should take notes during the inspection of statements made by
the inspector, responses of employees, tests conducted, etc.
Don’t
let inspectors or auditors just wander around.
One IBA member let an auditor wander through his facility and ended up
with a multi-thousand dollar tax assessment on a piece of equipment the auditor
observed during his wanderings.
If
certain safety equipment is required in areas of your facility, do not let the
inspector enter those areas without that safety equipment. The inspector, in most cases, must provide
his or her own safety equipment like steel toed shoes, hardhat, earplugs,
etc. The employer or his/her
representative must wear the same type of safety equipment.
12. ASK
THE INSPECTOR OR AUDITOR QUESTIONS IF THEY IDENTIFY A VIOLATION TO CLARIFY WHAT
THE VIOLATION IS If the
inspector or auditor identifies a potential violation, ask the inspector or
auditor about it. If you see him or her
start jotting down a lengthy note, ask him or her, “Do you see something I can
help you with or do you have a question about something?”
13. DO AN EXIT INTERVIEW BEFORE THE INSPECTOR OR AUDITOR
LEAVES Before the inspector or auditor leaves, hold an exit interview
with him or her. Start off with
something like, “We should be in pretty good shape, right?” Let the inspector or auditor respond. Take notes of all of the areas he or she
has concerns about. Then, clarify with
the inspector or auditor what will happen next and when and how you will hear
from him or her, or his or her agency next.
If
you have serious concerns about some findings or how the inspection or audit
was conducted, ask the inspector or auditor for his or her supervisor’s name
and phone number.
14. EXERCISE
YOUR APPEAL RIGHTS WHEN APPROPRIATE YOU have appeal rights for almost
any inspection or audit. In most cases,
you have 30 days from receiving a written citation to appeal it (some may be
less then 30 days). Read the appeal
procedures on the citation or audit results you receive, and do NOT miss your
right of appeal if you have concerns about a citation or audit. Once the time to file your appeal has run
out, you lose your appeal rights.
Remember, you can always drop an appeal, but if you miss filing an
appeal on a timely basis, you lose your right of appeal.
In most cases, you have an informal appeal to the inspector’s or auditor’s supervisor. This is often a good opportunity to quickly solve a problem without amassing large legal costs, etc. BUT, don’t miss filing your appeal because you are involved in an informal appeal to the inspector’s or auditor’s supervisor. ALWAYS protect your appeal rights by filing an appeal within the time limits allowed.