OSHA Inspection Process
The Occupational Safety and Health Administration (OSHA), an agency of the U.S. Department of Labor, is charged with protecting 130 million employees nationwide from illness, injury, and death. Because the construction industry accounts for over 20% of workplace fatalities each year, much of the organization’s limited resources are spent overseeing the safety of workers in various construction fields. This is done through workplace inspections performed randomly, as a result of a submitted complaint, or after an injury or fatality.
What Happens During an Inspection?
There are three stages of an OSHA inspection: an opening conference, a walkaround inspection, and lastly, a closing conference.
After the inspector announces their arrival, they will meet with a representative from management and a designated employee representative to explain the purpose of their visit. The OSHA inspector may also request to see injury logs and reports to ensure they are being maintained properly.
During the walkaround, the inspector may review a specific area identified in a complaint, but at their discretion, may also inspect the entire facility. This is done with the accompaniment of designated management and employee representatives. The inspector may also speak to other employees and test equipment to ensure it is functioning properly. As “apparent violations” are recognized, they should be brought to the attention of the company representatives. As Jacksonville OSHA defense lawyers, we recommend taking notes of everything that occurs during the inspection for recording purposes and as evidence should it be necessary to contest a violation.
At the completion of the walkaround, the inspector will hold the closing conference to discuss “apparent violations,” along with action plans for correcting the violations, possible penalties, and deadlines to correct the issues. It is best practice to notify your OSHA defense attorney in Jacksonville during or immediately following an inspection. It may take up to six months to receive a citation, but it is crucial to develop a strategy for contesting the violation directly after the unanticipated workplace inspection.
It is important to note that the contestment period follows very strict guidelines, so always consult with your OSHA defense lawyer in Jacksonville before making any decisions on how to proceed legally.
Contest OSHA Violations with an Expert Jacksonville OSHA Defense Attorney
At Trent Cotney, P. A., our experienced legal team can provide consultation regarding all aspects of OSHA inspections, and are experts in developing effective legal strategies for contesting violations. This experience also allows our Jacksonville OSHA defense attorneys the ability to provide effective consultation should an injury or fatality happen on your worksite.
To schedule a consultation with an experienced lawyer from Trent Cotney, P. A., please call us today at 904.425.5030 or submit our contact request form.
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.