Just one ill-fated OSHA visit can result in serious fines, penalties, and a harmed reputation.
Working with a Memphis contractor lawyer can help you stay in compliance with the law and prevent OSHA violations. Your attorney will inform you of your rights before, during, and after an OSHA inspection. In the event that you have already received an OSHA citation, your Memphis contractor attorney can help you contest it.
Reasons for OSHA Inspections
OSHA inspections can be prompted by the following situations:
- An accident resulting in a fatality
- A catastrophe, which is characterized by the hospitalization of five or more employees due to one accident
- A complaint filed by a current or former employee regarding dangerous, unhealthy, or non-compliant workplace conditions
- A programmed inspection, also called a targeted inspection, typically planned for high-hazard industries like construction
- A follow-up inspection after a previous violation
Would you know your rights if OSHA knocked at your door?
Seeking counsel from a Memphis contractor attorney is extremely helpful because they will make you aware of your rights and advise you on how to handle an inspection. For example, you have the right to refuse a compliance officer without a search warrant.
Inspection Advice from Our Memphis Contractor Attorneys
Before the walk-through begins, an OSHA officer should conduct an opening conference. They need to show you their official credentials, explain the reason for the visit, inform you of the scope of the inspection, and provide you with a copy of the employee complaint (in the event that one is involved).
Once the opening conference has concluded, the inspection begins. The OSHA compliance officer and accompanying representatives will walk through your job site. Your representative should take detailed notes that include photos and measurements and should also make sure that the compliance officer’s findings are duplicated for your records. They should not provide any personal narrative or make concessions of any company deficiencies, flaws, or violations. Anything you or your representative(s) say can be used against you at a later date.
OSHA has the right to interview your management level employees; however, you can request that your Memphis contractor lawyer be present and that the interviews are conducted off premises and outside of business hours.
The compliance officer should end the inspection with a closing conference during which they will let you know what violations they found, if any.
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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.