ABC-SEMI Southeast Michigan Contractors Issue 1, 2023

18 Associated Builders and Contractors, Inc. OSHA INSPEC T IONS OSHA may inspect any worksite and often does without advance notice. These inspections may cover the entire worksite or only certain operations. Therefore, you should always be prepared for one. Before the Inspection Decide who will be the designated point of contact if an OSHA inspector arrives. Perhaps a human resources department employee or a safety department employee who can readily answer questions that the inspector may ask. Also, make sure everyone in the company knows who should be contacted when the inspector arrives and identify a private room, away from your operations, where the opening conference, interviews, and the closing conference can be conducted. You may want to have a “kit” which includes a notepad, a pen, and a camera so you can document the inspection. Other items to consider adding to your “kit” are a flashlight or a tape measure. During the Inspection A. The Arrival When the OSHA inspector arrives, ask him or her for his or her identification. Then, put the inspector in the designated private room, while you notify the designated point of contact, as well as managers, supervisors, employees, and anyone else on the premises (i.e., contractors, vendors, etc.), that OSHA is here. The point of contact should promptly greet and meet the inspector. If the point of contact is not on the premises, he or she should get onsite as soon as possible. Generally, an inspector will wait up to one or two hours; he or she will then move forward with the inspection. If the point of contact is unavailable, you should have a member of senior management meet with the inspector. walk-around to that specific reason. Notably, every OSHA violation that an OSHA officer sees can be cited, regardless of the reason for the inspection. During the walk-around, always stay with the OSHA officer. You should also mirror the OSHA officer. If the OSHA officer takes a picture or records a video, you should do the same from the same angle so you have a similar picture or video for your file. You should also document everything that the OSHA officer inspects. Lastly, during the walk-around, if there are any violations that can be immediately fixed, immediately fix them, as it may eliminate a citation or decrease a fine. D. The Interviews The inspection proceeds with interviews. The OSHA officer may interview non-management or non-supervisory employees. Employees have the right to refuse to be interviewed. Ensure employees are aware of their right to refuse to be interviewed. If the OSHA officer asks to interview any management or supervisory employees, you may ask for another manager or supervisor, or preferably an attorney, to be present during the interview (you have the right to have a representative, including counsel, present during interviews of management or supervisory employees, but not non-management or non-supervisory employees). An attorney should be present when managers or supervisors are interviewed because their statements can legally bind the company. B. The Opening Conference The inspection begins with the opening conference. During the opening conference, you should ascertain the reason for the inspection. During the opening conference, as well as throughout the duration of the inspection, you should: » Be cooperative and courteous; » Not be sarcastic or argumentative; » Not evade questions or attempt to hide anything; » Provide truthful answers, but not speculate; and » Not volunteer information (i.e., overshare); only answer questions asked. If the OSHA officer requests a copy of a document, make additional copies to keep for your file. You should not feel rushed to provide a document if it is not readily available or if the request seems unreasonable or irrelevant (or the like). Instead, ask the office to put the request in writing so your attorney can review it and possibly contest it. C. The Walk-Around If possible, attempt to limit the scope of the walk-around or target pre-designated or pre-determined routes. Ascertaining the reason for the inspection during the opening conference enhances your ability to limit the scope of the walk-around. If the OSHA officer is there for a specific reason, you may be able to limit the scope of the When OSHA Arrives A Brief Guide on Your Rights and Responses During an OSHA Inspection

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