The OSHA Inspection Part II – Site Inspection Day – You are the SUSPECT
In Part I of this article, I opened with an experience I had as a contractor when my project superintendent called and said, “A Guy Just Died Out Here!” Part II of the article provides some insight into how you might handle the OSHA site inspection after an injury.
We all believe we understand criminal investigations from what we see in the movies and on television. An OSHA investigation is similar to a criminal investigation in a few ways, but in several ways, the OSHA investigation is significantly different. When the police investigate a murder, the police visit the site of the murder to collect evidence, and use the evidence collected to identify suspects. On the other hand, when OSHA investigates your project site, OSHA already has its suspect – You – OSHA is simply gathering evidence against you; therefore, you had better be prepared.
An OSHA inspection begins with an opening conference. At the opening conference, the OSHA Compliance Officer introduces himself to all in attendance and explains he is conducting a site inspection as part of his investigation. At this point, you have a few rights that you should assert.
This is Part II of a three part article about making an OSHA investigation as successful as possible. Part I discussed planning for an OSHA inspection and Rule One. We will pick up with Rule Two in a future newsletter.
Don practices in the areas of construction law and business litigation. His construction law practice emerged from his deep experience in the construction industry. As a teenager and college student, Don worked as a laborer and carpenter for his father’s construction company. At Clemson University, Don earned a degree in Construction Science and Management. After graduating from Clemson, he worked as a project manager for several construction companies and eventually started a small general contracting business in Greenville, SC which he operated for almost ten years. Realizing that he could bring an insider’s perspective to the practice of construction law, Don went on to earn a law degree at the University of South Carolina School of Law. He can be reached at 704-944-3244 or dterry@smithterrylaw.com.
