Toolbox Talk:
Dealing with OSHA
The Occupational Safety and Health Administration was established to administer the Occupational Safety & Health Act of 1970 (OSHA). This federal law was promulgated to afford a safe and healthful workplace for all employees. The standards which govern the construction industry are contained in Section 29 of the Code of Federal Regulations, Part 1926. Several things must be considered when dealing with OSHA, including:
Right of Entry —
Compliance Safety and Health Officers of the Department of Labor are authorized to enter without delay and at reasonable times any construction site to inspect and investigate during regular working hours; to question privately any employer, owner, operator, agent, or employee; and to review records required by the Act.
It is a company’s right to require a warrant from OSHA prior to an inspection. Normally, warrants will not be requested. However, the company does have a right to know why OSHA wants to inspect and should be provided with the appropriate reason upon request.
Harassment —
Federal compliance officers, state inspectors, or similar personnel are not to be harassed or intimidated.
Internal Notification —
It is important to follow your company’s notification procedure when OSHA arrives for an inspection. Commonly, the company’s site representative notifies management prior to or during an opening conference of an OSHA inspection and a reasonable amount of time is given for a management representative to arrive on site before the Compliance Officer begins their inspection.
The on-site company representative shall be responsible for making these requests to the OSHA inspector as well as contacting management.
Points to Remember:
OSHA was established to administer the OSH Act of 1970
Compliance Safety and Health Officers of the Department of Labor are authorized to enter any construction site to inspect and investigate.
The company does have a right to know why OSHA wants to inspect.
Federal compliance officers are not the be harassed or intimidated.
Follow your company’s notification procedure when OSHA arrives.
The on-site company representative shall be responsible for contacting management.
