Skilled Trades

Preparing For An OSHA Inspection

Perhaps even more than a 60 Minutes camera crew or the Internal Revenue Service, a visit from an OSHA inspector can strike terror in the heart of a construction project manager. Like Morley Safer and the IRS, OSHA often shows up on a project’s doorstep unannounced, the result of a tip from a disgruntled current or former employee, or just the simple (un)luck of the draw.

As with most aspects of running a construction company, the most onerous consequences of an OSHA surprise inspection can be mitigated with proper and comprehensive planning. Contractors should guard against being lulled into a false sense of security both when it comes to providing safe environments for their workers and in assuming their jobsites are immune from OSHA scrutiny. As Indianapolis-based Trinity Safety Group notes on its website, companies that have remained unscathed by safety incidents may find it “tempting to be less than 100 percent rigorous about compliance with all OSHA rules. The effort to train new or transferred employees can be onerous, especially as other pressures increase in our stressed economy. But you should never assume that your employees are so skilled or knowledgeable that they don’t need more training. And it’s dangerous to assume that employees are so well protected that they would never report a potential violation or hazardous situation to OSHA.”

The recipe for the ounce of prevention for OSHA inspections includes much more than simply keeping all employees current on potential hazards, safety measures and equipment and emergency procedures. While all these are non-negotiable for construction companies, OSHA wants to see proof of compliance, along with extensive recordkeeping as well, according to Tiffani Hiudt Casey, Esq., an attorney in the Atlanta office of Fisher & Phillips, LLP.
“Once OSHA knocks on the door, it’s kind of too late,” she said. “Ninety percent of being ready that day happens before that day. You’re not going to have advance notice of their arrival; they could come any day and any time. That again just means always being prepared.”

Beyond instituting and enforcing actual jobsite safety measures, here’s how to ensure an inspector finds nothing of interest when he visits your site:

•    Display the OSHA poster, “Jobsite Safety and Health: It’s the Law” prominently, in high employee-traffic or break areas.

•    Always record injuries sustained on the job. Keep these records current by cross-referencing workers compensation payments and timelines with OSHA’s “Work-Related Injuries and Illnesses” form (Form 300).

•    Develop procedures for employees to notify management about potential safety hazards; make sure these concerns are addressed promptly; and make it known to everyone on the site that management not only appreciates employee participation in safety matters but also efficiently eliminates those hazards brought to its attention through worker notifications, site walkthroughs, and third-party inspections.

•    Have an action plan ready to deploy if and when an OSHA inspector comes knocking.
“I always recommend that employers put together an OSHA inspection kit: Casey said. “Include paper and pen, video camera and/or digital camera, measuring tape, flashlight, a dry-erase board to record picture details, an air and noise sampling kit, a tape recorder.”

•    Coach everyone on the jobsite on how to respond appropriately to all questions and requests made by the inspector. And ensure you assign a professional, well-versed employee or representative to accompany the inspector on his rounds. This person may be the company safety director, a safety inspector employed by a trade association such as the Associate Builders and Contractors or Associated General Contractors, or a firm hired by the company.

OK, you’ve done your due diligence, and that fateful day arrives when OSHA comes to investigate your construction site. Ask for his credentials and call the OSHA office to verify them. This information should be included on the contractor’s OSHA inspection form. Other information should be filled out by the company’s authorized representative, who accompanies the inspector throughout the inspection process. If that person is not onsite, explain the situation to the inspector. She likely will wait a reasonable amount of time before commencing the inspection.
“You can ask them to wait,” Teague Lottman, a claims specialist and loss control specialist told the Fremont (Neb.) Tribune. “If it’s a routine inspection they will usually give you 30 minutes, maybe sometimes an hour, to get in order. But if it’s imminent danger, they’re going to start immediately.”

Employers can insist on a warrant, but Lottman said it would likely only aggravate the isnpector.
“I guarantee they’ll go get one, and then they’ll be back with all their friends and they’ll go through your business with a fine-tooth comb,” he explained.

Once the inspection begins, Construction Business Owner magazine recommends the company’s qualified person “document the compliance officer’s comments and actions throughout the inspection process; cooperate fully with the compliance officer’s requests for interviews and documentation; provide records that support…compliance efforts or assist OSHA in determining the time needed to correct any identified hazards; [have employees] correct any violations identified by the compliance officer immediately, if possible; and make sure [the] OSHA Inspection Report form is filled out completely, along with copies of notes, pictures and any documentation provided to the compliance officer.”

The inspector should not begrudge the shadowing representative. On the contrary, Lottman said, it will show him that the company “care[s] about safety and [doesn’t] allow anybody just to walk around on your premises. It also gives you a chance to see what he’s looking at, write it down, take notes, and ask questions.”