The Occupational Safety and Health Administration (OSHA) will not hesitate to send a compliance officer to perform an inspection on any given construction job site. OSHA has many reasons for performing these inspections, and in this article we will be discussing imminent danger inspections. OSHA will not only conduct unannounced inspections, but they also have the right to perform a follow up inspection. If your construction job site is subject to an imminent danger inspection by OSHA, it’s recommended that you seek the counsel of an experienced OSHA defense lawyer.
What is an Imminent Danger Inspection?
In the construction industry, imminent danger inspections typically result from situations that involve a danger that has the potential to harm or kill someone before it can be eradicated through the normal OSHA process.
How Does OSHA React to an Imminent Danger?
OSHA will rank any imminent danger situation as a top priority. When there is a suspected imminent danger that makes itself present on a construction job site, OSHA will make every effort to conduct an inspection that same day. OSHA will send out an OSHA compliance officer who will reach out to the employer of that job site and request that the employer either:
- Voluntarily removes the imminent danger
- Removes all employees who are at risk of being injured by the imminent danger immediately
Additionally, OSHA might request for an injunction that will prohibit any work from being performed on that job site. This is will be done as long as the imminent danger is present, and if the employer denies the OSHA compliance officer with the aforementioned requests.
If the employer of the job site does not, or is unable to voluntarily remove the imminent danger or remove their employees from the danger, the employer will be issued a citation. The compliance officer will then notify any employees that may be potentially affected by the danger and alert them of their right to refuse work when there is a hazard.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.