Annually, The Occupational Health and Safety Administration (OSHA) will inspect the most hazardous workplaces in the U.S. These include workplaces with imminent danger, severe injuries and illnesses, worker complaints, referrals from others, targeted inspections of high-hazard industries, and follow-up inspections of previously inspected workplaces. These inspections are unannounced and catch many employers by surprise. Are you prepared for an inspection? If not, reach out to a Florida OSHA defense lawyer today.
The Inspection Process
If an OSHA inspector targets your workplace for an inspection, you need to be aware of the stages of the process. With the help of a Florida OSHA defense lawyer, you will be more prepared to interact with the compliance officer who will present their credentials.
Opening Conference: At this stage, the compliance officer will inform the employer of the reason for the inspection and will describe the inspection and walkaround procedures. The employer can designate a representative from your workplace to accompany the compliance officer.
Walkaround: This stage involves the compliance officer and representatives from your company. During the walkaround the compliance officer will inspect for hazards, review injury and illness record, and let the employer know about violations that can be corrected immediately.
Conference: At this stage, the compliance officer holds a closing conference to discuss the findings, courses of action to be taken, consultation services, and employee rights with the employer and their representatives.
Courses of Actions
If violations were found, possible courses of action may include an informal conference or contesting the citations and penalties. Violations types include De Minimus, Other-Than-Serious, Willful, Repeated, and Failure to Abate prior violations. By law, OSHA must issue a citation and proposed penalty within six months of the violation. OSHA must also list proposed penalties and give the employer a deadline for correcting the violations.
Expert Florida OSHA Defense Lawyers
Cotney Construction Law is a nationally recognized OSHA defense practice that is known for its aggressive representation of construction professionals against OSHA citations. We are intimately familiar with the inspection and citation process and will help you with all of your OSHA matters. Violations and citations pose serious repercussions for construction businesses, so our Florida OSHA defense lawyers move swiftly and strategically to help our clients mitigate, eliminate, and reduce their exposure to fines and other losses.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
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.