Something New! 
For HR teams who discuss this podcast in their team meetings, we've created a discussion starter PDF to help guide your conversation. Download it here https://goodmorninghr.com/EP229 

In episode 229, Coffey talks with Frank Davis and John Surma about navigating OSHA inspections and preventing costly workplace safety violations. 

They discuss how employers misunderstand OSHA obligations; when OSHA reporting and injury-logging rules apply; the most-cited OSHA violations; triggers that prompt an OSHA inspection; why it is illegal to for OSHA to schedule an inspection with an employer; the importance of carefully limiting the scope of the inspection; OSHA’s interviews managers and employees—and the impact of each on the inspection’s outcome; documentation requests and timelines; citation outcomes and settlement options; and proactive strategies to prepare for inspections and avoid penalties. 

Good Morning, HR is brought to you by Imperative—Bulletproof Background Checks. For more information about our commitment to quality and excellent customer service, visit us at https://imperativeinfo.com.  

If you are an HRCI or SHRM-certified professional, this episode of Good Morning, HR has been pre-approved for one hour of recertification credit. To obtain the recertification information for this episode, visit https://goodmorninghr.com.  

About our Guest: 

Frank Davis is Board Certified in labor and employment law by the Texas Board of Legal Specialization. His clients know he is ready to use his knowledge to manage a crisis on a moment’s notice. In fact, in the last year, he managed labor relations matters and workplace safety inspections and fatalities in over 35 different states.  

Frank’s experience managing crisis events makes him especially suited to counsel clients on strategies to avoid catastrophic litigation and other cost-savings efforts: 

- Evaluation of exposure to workplace health and safety hazards. 

- Preparation of workplace safety compliance strategies and policies. 

- Managing employee relations to avoid litigation and resist organizing drives by unions; and 

- Management of relations with unions to avoid frivolous grievances and exposure to contract liability. 

Because of Frank’s specialized skillset, his clients frequently retain him to handle a variety of sensitive matters: 

- Fatalities and other reportable injuries in the workplace; 

- Collective bargaining of labor contracts; 

- Labor arbitrations; 

- Union campaigns; 

- Contract litigation; and 

- Litigation before the National Labor Relations Board (NLRB) and the Occupational Safety and Health (OSHA) Review Commission. 

He also represents clients in whistleblower matters under a broad range of statutes, including the OSH Act, the Surface Transportation Assistance Act, and the Clean Air Act. Frank handles all phases of these complaints, from initial investigation to final litigation before administrative law judges and appeals to federal court. 

John Surma is a lawyer with 30 plus years of experience dealing with OSHA, workplace health and safety issues, and counseling employers on those issues. He deals with a variety of state and federal agencies, has responded to over 400 fatalities and 2,000 OSHA inspections.  

Frank Davis and John Surma can be reached at 

https://ogletree.com/people/frank-d-davis/ 

https://www.linkedin.com/in/john-surma-75980214 

About Mike Coffey: 

Mike Coffey is an entrepreneur, licensed private investigator, business strategist, HR consultant, and registered yoga teacher. 

In 1999, he founded Imperative, a background investigations and due diligence firm helping risk-averse clients make well-informed decisions about the people they involve in their business. 

Imperative delivers in-depth employment background investigations, know-your-customer and anti-money laundering compliance, and due diligence investigations to more than 300 risk-averse corporate clients across the US, and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies. 

Imperative’s Top Ten Red Flag Candidates, November 2025 

Every month, Imperative reports hundreds of records to our clients.  

While Imperative always encourages clients to review candidates’ criminal history as but one factor in evaluating their fit for a role, these candidates’ histories caught our attention this month. 

1. Household Staff/Nanny Client Candidate: 

• Prostitution 
• Petit larceny 

2. Nonprofit Client Candidate: 

• Misuse of client funds by a lawyer (four counts) 

3. Hospitality Client Candidate: 

• Willful child cruelty (causing great bodily injury under the age of five years, victim was particularly vulnerable, or taking advantage of a position of trust to commit offense) 
• Driving under the influence, 2 cases 
• Reckless driving on a highway 

See the rest of the list here: https://www.imperativeinfo.com/blog/2025/12/03/top-ten-red-flag-candidates-november-2025/

Learning Objectives: 

 Identify when OSHA reporting and recording rules apply and what events trigger each requirement. 

1. Evaluate common OSHA violations to prioritize hazard prevention strategies. 
2. Prepare supervisors and frontline employees for OSHA interviews and onsite inspection protocols. 
3. Navigate the inspection, citation, and settlement processes to reduce organizational risk.