OSHA Inspections – What You Should Expect

By John Kenney, Cotney Consulting Group.

Don't be blindsided by your upcoming OSHA inspection. Here are some tips for getting prepared.

The Occupational Safety and Health Administration (OSHA) averaged approximately 32,000 inspections, and State-operated plans averaged 42,000 per year in the three prior years to the pandemic in 2020. Though inspections were down in 2020 and 2021, the resources and inspectors are in place for pre-pandemic inspection numbers and then some.

Our industry faces seven of the top ten most frequently cited standards by OSHA, so employers can expect the focus to continue on the traditional enforcement priorities with which most employers are familiar. But OSHA has a new to-do they are adding this year you need to be aware of.

A new increased focus on heat illness is a current focus from an enforcement standpoint. OSHA has issued a new enforcement directive requiring compliance officers to evaluate whether there are heat illness risks whenever they are in a workplace and for whatever reason. If they see strenuous work in high heat conditions, they must assess compliance under the General Duty Clause with recognized practices to address that heat illness threat.

According to our OSHA insiders, you can also expect higher fines, a focus on increased criminal prosecution, and more support for inside company whistle-blowers.

So what can you do to be prepared? Before OSHA shows up on your job site, you must be prepared and have your safety plan in place. It would be best if you had a safety manager on staff or a responsible senior manager designated as the point person for responding to an inspection or notice.

When the OSHA compliance officer appears at your project for the inspection, your on-site supervisor should refer the inspector to the designated manager. Your crew leader should not grant the inspector access to any part of your project until they speak with your safety director or designated manager to set the stage for the inspection correctly.

You have the right to have them wait for your designated employee, such as your superintendent, to accompany the inspectors wherever they go on-site, and you should do so. The superintendent also needs to ask a few critical questions of the inspector and needs to ask them often. Mainly they need to know why OSHA is here.

• What is the scope of the investigation?
• What precisely is the inspector here to see?

Once your representative knows what OSHA wants, they can limit the inspector to the specific area the inspector has come on-site to inspect. Your representative needs to notify the inspector and voice their objection if they attempt to go outside the scope of their inspection.

The OSHA compliance officer, during the inspection, will walk through the project, and their main focus is usually fall-protection equipment and your crew's fall-protection practices. Always ensure every harness, rope, anchor and lanyard on-site is appropriately maintained. Damaged equipment should be discarded and replaced and not left in the back of one of your trucks. You do not want to be cited for having it on-site, even if not in use.

Interviewing your employees

OSHA has the right to perform these interviews privately away from the superintendent if the interviewees are not management. If the interviews take place and last beyond 15 minutes, your representative should voice their objection to these interviews on record. It can often be ruled later in your favor during the defense process that these would be considered excessive interviews beyond that time mark.

Next, they may request to interview your crew leader and superintendent on-site. OSHA is within its rights to request these interviews; however, your company managers have the right to refuse them without the company's legal counsel present during the interview. You need to ensure your on-site managers and supervisors know this right. Nothing will destroy your defense case quicker than an inaccurate answer to questions about your safety protocols, equipment or practices. Having your counsel or the appropriate senior manager present for these interviews is always advisable.

An OSHA inspection can be frustrating for your employees and your company. The best defense against costly citations is to teach proper safety techniques within the crew, update and maintain your required safety equipment, and remember your rights.

Learn more about Cotney Consulting Group in their RoofersCoffeeShop® Directory or visit www.cotneyconsulting.com.

About John Kenney

John Kenney is the Chief Executive Officer at Cotney Consulting Group. Prior to starting Cotney, John had 45 years of experience in the construction industry. John began his career by working as a roofing apprentice at a family business in the Northeast. Because of his skill and hard work, he progressed from roofing laborer to foreman, estimator, chief estimator, Vice President, and Chief Operating Officer with his various companies. John has worked for multiple Top 100 Roofing Contractors and is intimately familiar with all aspects of roofing production, estimating, and operations. In his last role, John was responsible for the daily operations and performance of a large commercial roofing contractor. During his tenure, John ran business units associated with delivering excellent workmanship and unparalleled customer service while ensuring healthy net profits for his company.