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Tips for Handling OSHA Inspections
How an inspection is handled plays a significant role in the outcome
By C. Ryan Maloney, Foley & Lardner LLP
Complying with Occupational Safety and Health Administration
(OSHA) regulations and dealing with OSHA are
common occurrences in the construction industry. According
to OSHA, three of the top ten most frequently cited violations
of OSHA regulations, including the number one most violated
regulation, fall protection standards, are construction industryspecific
regulations.1 Given this, it is likely that every contractor
may at some point be faced with an OSHA inspection. How such
an inspection is handled by the contractor can play a significant
role in the outcome, and being prepared and ready to handle an
OSHA inspection is imperative. This article is intended to provide
general information and tips regarding OSHA inspections. It is not
intended to provide specific legal advice for any specific situation,
and instead, in specific situations with OSHA, one should always
consult with an experienced attorney to obtain specific legal advice.
Preparations prior to inspection
OSHA inspections are most often begun by an unannounced visit
by an OSHA compliance officer. As there will be little time to
prepare for the inspection once the compliance officer is on site,
it is advisable to take certain actions ahead of time so that you are
prepared for an OSHA inspection. First among these is designating
a company representative to supervise and handle OSHA
inspections. The representative ideally would be the company’s
safety director or someone in management familiar with OSHA
standards, the company’s OSHA compliance efforts and the maintenance
of OSHA required records. Consideration should be given
to also having a back-up representative designated to the extent the
primary company representative happens to be unavailable when
an OSHA inspection occurs. By having a representative formally
designated and prepared, the company minimizes the risk of an
open-ended inspection without the appropriate company input and
direction.
The opening conference
Most OSHA inspections begin with an opening conference where
the inspector will discuss the inspection. The company representative
should always attend this opening conference and accompany
the OSHA inspector on all parts of the inspection. For serious accidents
or fatalities, strong consideration should be given to having
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