When the Occupational Safety and Health Administration (OSHA) arrives at a construction site for an inspection, knowing the OSHA requirements for the industry is extremely important to keep business moving. OSHA targets the construction industry like no other because operations are often in clear view and because the industry accounts for more occupational injuries than any other.
The following are some practical tips on each phase of an OSHA inspection that can help you get back to the business of doing business.
Before the Inspection
Don’t:
- Falsify reports. Criminal liability can be brought for falsifying data on OSHA 300 logs or other records.
- Fire a worker for absence due to a work-related injury. Termination could be deemed an unfair employment practice and invite a discrimination claim.
Do:
- Protect trade secrets. Identify records containing trade secrets, especially from safety and health audits.
- Get a reputable safety and health consultant or director. Make sure the person has strong credentials and a solid reputation.
- Review policies and procedures, particularly with respect to training, discipline, and hazard assessments. Make sure policies are well-tailored and followed.
When OSHA Arrives
Don’t:
- Trot out managers or supervisors for interviews. Managers and supervisors speak for the company, so their admissions are company admissions. The company determines consent to managerial interviews, and it can have an attorney in the room.
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