A safe and healthy work environment is critical for every construction job site. Under OSHA law, construction employers are required to provide a workplace free from safety hazards. Employers must ensure they are working with employees to prevent and recognize hazards before they become a bigger issue.
Most Frequently Cited Violations
Annually, OSHA releases a list of the most frequently violated standards that are cited during an inspection. Employers are wise to use this list to create, implement, and enforce safety in the workplace. This list can serve as a resource to employers to help them stay compliant and avoid violations. The following standards are the top violations across all industries.
- A lack of fall protection
- Poor hazard communication
- Subpar scaffolding standards
- Ineffective respiratory protection
- Lockout/Tagout control
- Failure to meet powered industrial truck standards
- Improper ladder usage
- Machine guarding hazards
- Electrical and wiring violations
You can review OSHA’s extensive list of regulations on their website.
The OSHA Inspection Process
As a result of a submitted complaint or a workplace injury or fatality, OSHA will conduct an inspection of a workplace. A Nashville OSHA defense attorney is your best resource during the entire inspection process. There are three stages of an inspection:
The Opening Conference
An OSHA inspector will arrive at the job to meet with a company representative and a designated employee representative. During the visit, the inspector may ask to review injury logs and reports to ensure they are being maintained properly.
During the walkaround, the inspector, accompanied by the company’s designated representatives, may either review a specific area or inspect the entire facility. During this time, the inspector may speak with other employees, test equipment functionality, and bring observed violations to the attention of the company representatives. As Nashville OSHA defense lawyers, we advise notetaking during this process.
The Closing Conference
The closing conference is held to discuss “apparent violations” and a plan of action to correct the violations.
Contest an OSHA Violation With a Nashville OSHA Defense Attorney
You may not receive an OSHA citation immediately, but developing a strategy for contesting the violation immediately following an inspection is critical. Contesting a citation comes with strict guidelines, so it is always best to consult with a Nashville OSHA defense attorney for guidance.
At Trent Cotney, P. A., our legal team has a keen understanding of the OSHA law and frequently consult with our clients regarding all aspects of OSHA inspections. From opening conference to closing conference we will work diligently to protect our clients’ livelihood.
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.