Our OSHA defense attorneys are experienced in the inspection process, and have provided answers to common questions related to your rights and tips for staying in control of the process. Just remember, if a violation occurs, there are processes in place to contest OSHA citations. Consult with an experienced OSHA defense attorney who will develop a legal strategy to protect you and your business.
What is the first thing I should do when an inspector arrives unannounced?
You or a representative from your company should ask that the compliance officer wait until the appropriate representatives are available to assist them with the inspection. Once the management, safety, and employee representatives are available, they should verify the identity of the inspector to ensure he is an authorized OSHA representative. After verification, the standard opening conference will occur at which time the compliance officer will provide clarification on the reason for the inspection, the scope of the inspection, and how they plan to conduct the inspection.
Can a management representative be present during employee interviews?
Yes, but it is at the discretion of the employee. OSHA compliance officers will often prepare employee witness statements to support violation claims, but they are often designed to be misleading and may contain inaccuracies. For this reason, our OSHA defense attorneys recommend not signing these documents, and when possible being present during interviews. Being present during interviews allows managerial and safety representatives opportunities to provide clarification on unclear answers provided by an employee.
Can I have my OSHA defense attorney present during an inspection?
Yes, and if the inspection is due to a fatality or serious injury on the jobsite, our OSHA defense attorneys highly recommend that legal counsel be onsite for the duration of the OSHA inspection.
Is there immediate action I should take after an inspection?
Immediately following an inspection, gather the designated employee representatives and upper level management to conduct a debriefing of the inspection and comments made by the OSHA compliance officer. If violations were found, develop an action plan to correct the problems within the allotted time period given by the inspector. It is imperative that these violation be corrected within the abatement period because non-compliance can warrant fines 10 times the original penalty. If possible, also consult with your OSHA defense lawyer during this time to gain expert insight and recommendations for the appropriate steps to take following an OSHA inspection.
To speak with a OSHA defense attorney from Cotney Construction Law, please call us today at 813.579.3278 or complete 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.