To ensure that things go smoothly during the inspection, the association recommends the following:
- Be polite, respectful and cooperative. Maintain a business-like manner. Hostile attempts to delay or obstruct the investigation will only antagonize the inspector. Also, make sure your superintendent or foreman and contractors know how to act if you’re not there when the inspector arrives. They should ask for permission to contact you, but the inspection won’t be delayed indefinitely by your absence.
- Verify the inspector’s credentials. The inspector should display official credentials, which can be verified by contacting the nearest OSHA office. Under no circumstances is an inspector allowed to collect money or promote the sale of any product, which is a matter for local authorities or the FBI.
Inspections should occur during normal business hours and not when the weather is bad.
The inspector will first look for a written, functional safety and health program. If that program is found to be acceptable, then the inspector will look for the “Big Four”: electrical, fall, “struck-by” (vehicles, etc.) and “caught in” (excavation) hazards.
If the inspector finds that employees have been protected against these major hazards, then he or she will leave the site. If minor hazards are found on the site, the builder can agree to correct them, precluding any further action. (If the inspection is a result of a referral, fatality or complaint, the inspector has to first respond to that, and then can open up the inspection.) This "focused inspection" policy may not have been adopted in all of the states that have their own OSHA plans.
If the inspector is not satisfied with the efforts of the general contractor or builder to prevent “Big Four” hazards, which account for 90% of injuries or deaths, then a full-scope investigation will take place. Employers will then need to consider the procedures described in the information that follows.
- In a full-scale inspection, participate in a pre-investigative conference. Upon arriving, the inspector will ask the builder or his representative, along with all subcontractors on site or their representatives, to participate in an opening conference. The inspector will explain how the site was selected, the purpose of the visit, the scope of the inspection and the standards that apply. All contractors will receive information on how to obtain details on OSHA standards. They will also receive a copy of any complaint that has been lodged by an employee — if one has occurred. (The employee’s name may be deleted if that has been requested.)
During the opening conference, the inspector may examine workplace records such as the OSHA 300 log and the written safety and health program for each inspector.
- Select employer representatives. Before the inspection begins, each contractor will normally be asked to select a representative to accompany the inspector. If the job is unionized, then a union rep can accompany the inspector. If the job is non-unionized, the inspector may ask to speak to a number of employees of each contractor.
- Participate in the walk-around. The inspector will determine the route and duration of the inspection; observe safety and health conditions and practices; consult with employees privately, if necessary; take photos or videotape; take air and noise samples; and survey engineering controls. The inspector should make every effort to minimize any work interruptions when talking with employees.
The inspector will assess compliance with the Hazard Communication Standard and look for material safety data sheets (MSDS) and labels. The inspector will point out any unsafe or unhealthy conditions during the inspection. If the employer wants it, there can also be a discussion of possible corrective action.
- Take notes and pictures. The inspector will take notes and also pictures or videotape. You should attempt to take a matching set of photographs from the same angle as the inspector. You should also take additional photos from other angles that may eventually support your position if you should decide to appeal citations.
- Participate in a post-investigation conference. The inspector will conduct a joint closing conference with all contractors describing the alleged violations and the standards that may have been violated. An individual contractor can also request a private conference. Notification of any citations or penalties will be received later by certified mail.
During the closing conference, you should produce any records that show compliance efforts with OSHA standards, such as a written safety program or training logs. This can help reduce penalties. The inspector will also explain the appeals process for contesting citations.
If you receive a citation, it must be posted at or near the site of the violation for three working days or until it is corrected, whichever is longer.
If you decide to appeal, you must notify the OSHA area director in writing within 15 working days after receiving the citation. This notification, called a Notice of Contest, must clearly state what is being contested — the citation, the penalty, the abatement date or any combination of these.
If the Notice of Contest is properly filed, the area director will forward the case to the Occupational Safety and Health Review Commission (OSHRC), which is a federal commission independent of OSHA. (Similar state commissions exist in states with their own OSHA plans.) The commission assigns the case to an administrative law judge who will hold a public hearing and may uphold, modify or eliminate any citation or penalty.
Upon your request, the area director is also authorized to enter into settlement arrangements that will revise citations and penalties to avoid prolonged legal disputes and to correct hazards. This can often be accomplished during the “informal conference” that takes place before the 15 days allowed to contest the citation has passed. Builders may also request an informal conference with the OSHA area director to discuss any issues related to the citation.
For more information from OSHA on the inspection process, click here.
For information from OSHA on employers' rights and responsibilities following an inspection, click here.
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