OSHA

The number one priority at a worksite is the safety and health of the employees.

Ashley Kasarjian, an attorney in Snell & Wilmer’s national safety and health practice, regularly handles OSHA matters – from the inspection stage through litigation. We work with companies to address the wide range of issues that they may face – whether it be contesting OSHA citations or responding to catastrophic incidents with a multi-disciplinary approach and practical advice. We also regularly conduct safety training to assist companies with understanding their rights and responsibilities.

If you would like to learn more, you can contact Ashley Kasarjian at 602.382.6544 or akasarjian@swlaw.com

PROTECT THE COMPANY’S RIGHTS DURING OSHA INSPECTIONS

construction sunset crane1)  Has the Compliance Officer (“CO”) presented his/her credentials and identified himself/herself?

2)  Does the CO have a permissible reason to be on-site?

3)  Has the proper company representative been notified and given consent for the inspection to proceed?

4)  What is the basis for the inspection?

-If the basis for the inspection is a complaint, has the CO provided a copy of the complaint?  (Note:  A copy of the complaint is not required in California.)  

-If the basis for the inspection is for any other reason, has the requisite reasoning been explained?

5)  Was an opening conference conducted?

6)  Is the proper company representative accompanying the CO on the inspection?

7)  Are contemporaneous notes, photographs, videos, and/or samples being taken?

-Are documents produced being logged and copied?  (Note:  Requested documents do not need to be produced immediately, and the CO may be asked to provide a written request for documents.)  

-Document any corrective action taken during the inspection.

8)  Is a company representative present and taking notes during management interviews?  (Note:  Employee interviews are voluntary and the CO is not obligated to permit a company representative to be present during non-management interviews.) 

9)  Has the inspection been limited to the permissible areas the CO has authority to inspect?

10) Was there a closing conference?

-Document what is discussed, confirm there were no violations and/or discuss any alleged violations, and follow-up with counsel as to the next steps.

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