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3 Steps to Prepare for OSHA Jobsite Inspections
Maintaining proactive safety documentation and educating all employees on their rights are crucial, an industry legal expert says.
3 Min Read
Sandra Polo/Alamy Stock Photo
Jobsite inspections by OSHA are an inevitability for any construction company, and while they can be nerve-wracking for those new to the process, there are ways to prepare your company and your team for productive interactions during the inspection process.
“Be civil, be respectful and be cooperative, but know and assert your rights,” said Trent Cotney, partner and construction team co-leader for Adams and Reese LLP, during his presentation at the 2024 International Roofing Expo. “If you do that, you’re going to put yourself in the best position to defend against potential citations.”
Here are three key steps from Cotney for preparing construction companies for OSHA inspections.
1 | Create a standard operating procedure to navigate inspections.
“You have to prepare a standard process for OSHA inspections,” Cotney said. “It’s just a matter of time before you need it.”
A company’s SOP must create a pathway for what happens from the time OSHA gets on a jobsite to the time a citation is issued. It should outline for those in charge of jobsites what to expect and what OSHA is and is not allowed to do or say during the inspection. Most importantly, Cotney noted that OSHA officials are required to provide their credentials and tell you upon entering the site the reason for their visit.
He provided a sample SOP for attendees indicating various best practices for OSHA’s arrival, the walkaround inspection, employee interviews and document requests. Some of Cotney’s more notable suggestions included:
Stopping work on the jobsite pending the conclusion of the inspection.
Taking notes about what OSHA is doing during any inspection of the jobsite and equipment. These should include photos and measurements that mirror any OSHA may have taken.
Ensuring the scope of the inspection remains limited to the reason OSHA provided for the visit.
Scheduling supervisor interviews through management or legal counsel, as supervisory employees are entitled to have one of these people present during interviews. This does not apply to non-supervisory employees, who can be interviewed without management or counsel.
Forwarding any document requests from OSHA to management or counsel.
2 | Maintain proactive and defensive documentation.
“The party with the best paper wins the day,” Cotney said. “If you have great documentation that shows you have a culture of safety, it has a big impact.”
Whether digital or physical, these should include:
All-encompassing safety manuals addressing all types of projects your company works on. These should be available in languages all team members can understand (typically English and Spanish). Keep a copy of these manuals in your trucks, or available to all employees digitally from wherever they are, to indicate to OSHA that you take safety seriously.
Evidence of disciplinary action for at least the last three years. OSHA will often request documents from this time frame, and it’s crucial that you can show consistent disciplinary action from one employee to the next. Even if an oral warning is issued, write it down to help show your culture of safety.
Evidence of ongoing training. Document safety toolbox talks, retraining and disciplinary actions in a dedicated and easy to access folder to provide in the case of an OSHA request. Also consider including equipment and jobsite safety audits, notes from third-party safety consultants and records of completion of OSHA 10 and 30 courses.
3 | Train your employees for OSHA inspections.
“If you prepare your crew in advance for an OSHA inspection, they will not be afraid of the unknown,” Cotney said.
Your company’s SOP for OSHA inspections is a good starting point for educating crews and can be supplemented with more specific information depending on a given job. You should also educate employees about types of citations, factors that could influence penalties, the seriousness of repeat violations and individual liability related to criminal penalties and fines. This information can be provided via meetings, trainings or documents distributed physically and/or digitally.
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