Before your next surprise OSHA inspection, it would be beneficial to familiarize yourself with “employee interviews.” This is something that every general contractor should be aware of. During anOSHA inspection, a Compliance Officer has the right to pull any one of your employees aside to interview them about your company’s safety procedures.As a contractor and business owner, it is your duty to prepare your employees for these interviews, and make certain that they are aware of their rights. It is highly recommended that you seek the counsel of your Bradenton construction lawyer following an OSHA inspection.
1. Administrative Probable Cause
Administrative probable cause allows OSHA the legal right to enter your job site for an unannounced inspection. While this cause gives OSHA the right to perform an inspection, it does not give an OSHA Compliance Officer that right to hold any of your employees for questioning against their will. As an employer, it is crucial for you and your employees to know that an OSHA employee interview is 100 percent voluntary. However, an employee has every right to choose to speak to the OSHA Compliance Officer. As your Bradenton construction attorneys, we also want employers to know that they are not allowed to instruct or order an employee not to speak with the OSHA Compliance Officer. Although not required, we encourage employers to educate their employees and inform them of their rights to speak or not to speak with the OSHA inspector.
2. What Will A Compliance Officer Ask?
Typically, there are a few standard items an OSHA inspector will ask any employee. For example, an inspector will almost always ask employees about their fall protection training. The inspector will want to know how the employee was trained, who performed the training, and how often the training is available for employees. If the company is in full compliance with OSHA, they should hold frequent trainings with a certified safety trainer, making it easy for an employee to answer this particular question. A Compliance Officer may also ask where the safety log is kept, when the last safety meeting was, and if the employee feels safe in their work environment.
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.