“When it comes to OSHA inspections, preparation is critical,” writes Michael Rubin, a partner at Goldberg Segalla and Chair of the firm’s OSHA and Worksite Safety Practice Group. “Figuring out what to do (and who should do it) only after an inspector arrives on site puts employers at an immediate — and often irreversible — disadvantage.”
Michael goes on to explain the best practices for preparing for an OSHA interview — including knowing and asserting your rights as an employer. These include the right to delay an inspection, to discuss and limit the scope of an inspection, and to revoke your consent if an inspector exceeds that predetermined scope.
Michael also explains the documents inspectors will likely request, what to expect from a walkaround, and the rights of inspectors, hourly employees, and managers in interviews.
“Understanding the inspection process and limits of OSHA’s inspection authority will put any employer in the position to assert its rights during an inspection — thus minimizing liability and allowing for some control over the process,” Michael writes.
A certified Construction Health and Safety Technician (CHST), Michael focuses his practice on issues involving occupational safety and health law. He advises and represents employers across multiple industries, and has on-the-ground experience managing accident investigations, negotiating for withdrawal and settlement of citations, contesting citations, and litigating matters before the Occupational Safety & Health Review Commission. A member of the Safety Committee for the Construction Exchange of Buffalo & WNY, Michael also provides practical insights as the author of a monthly OSHA column for Modern Contractor Solutions and is co-editor of Goldberg Segalla’s OSHA: Legal Developments and Defense Strategies blog.