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Construction Law

: The South Carolina Construction Law Blog

Employers, Keep in Mind Possible OSHA Inspections

By Ryan McCabe

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            Employers should be prepared for a possible workplace inspection by the Occupational Safety and Health Administration (OSHA). An inspection may be conducted because of a complaint, fatality in the facility, a scheduled inspection, or a follow-up visit.

            Violations vary depending on the nature of the operations. Common violations include machine guarding, lockout/tagout, ladders and scaffolding, hazardous chemicals, and electrical safety. Even if an inspection is limited to the area, it can be expanded if the inspectors find something inside.

            The OSHA inspection has four steps. First, the employer and the inspector have an opening conference. The inspector provides a copy of the complaint, if any, but cannot mention the name of the employee who submitted it. The parties discuss the inspection process and relevant information. If lying, an employer can be subject to a fine up to $10,000 and up to a year in jail.

            Then, the inspector asks to see the OSHA 300 Log and all other forms pertaining to accidents and other safety problems. Next, for the walk-through, the inspector and his assistants must wear the required PPE. The inspector has the right to talk to employees and they have the right to answer, even privately if so requested. Take the direct route to the location if one was specified in a complaint.

            Fix any hazard that the inspector notes, even if it does not violate OSHA regulations. The company may refuse to let the inspector see machinery in operation. But it is better to allow such observation unless it is unsafe or out for repair. Keep all documentation of the walk-through.

            Finally, the closing conference reviews violations and suggests correction methods. The company has the opportunity to defend itself then.

            All requirements that an employer must meet are set forth in the Occupational Safety and Health Act ("Act"). The agency has compiled a OSHA Checklist for the Construction Industry to aid employers in complying with the Act. A company prepared for an inspection will be less worried about when OSHA might show up.

            This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.

Full post as published by The South Carolina Construction Law Blog on February 24, 2009 (boomark / email).