OSHA places special importance on posting and record keeping requirements. Employers should maintain complete OSHA records. The OSHA 300, OSHA 300-A and OSHA 301 forms, which detail recordable injuries or illnesses, as well as the employers Hazard Communication Program, should be maintained and posted in compliance with OSHA requirements.

B. Monitor Developments

Monitor developments in the law to ensure that all applicable health and safety programs are being followed. OSHA regulations change as OSHA focuses on new perceived hazards on job sites. These standards are often motivated by OSHA census data concerning workplace injuries.

C. Designate a Coordinator

A company employee should be designated as the health and safety coordinator responsible for developing and implementing OSHA plans for the job site.

D. Implement Incentives

Implement incentives for employees to follow OSHA guidelines, and enforce disciplinary procedures when employees refuse to comply with the procedures.

E. Know the Statistics

Know the statistics for injury and death in your clients industry. OSHA is required to maintain statistics on work injuries and illnesses. 29 U.S.C. 673(a). Based on the information gathered, OSHA releases an annual list of most violated workplace safety and health standards. Many of the standards frequently on the list are routinely encountered on typical construction job sites. The 2005 list of most violated standards included scaffolding (29 C.F.R. 1910.1200), fall protection (29 C.F.R. 1926.501), hazard communication, including failure to develop and maintain a written safety program (29 C.F.R. 1910.134), lockout/tag out (19 C.F.R. 1910.147), and ladders (29 C.F.R. 1910.1053).

The top ten most violated standards generally account for approximately 50% of the citations issued in a given year. Concentrating on compliance with those standards is a good way for a company to greatly reduce the likelihood of receiving an OSHA citation.

3. Notice and Authority to Inspect

A. Authority

An OSHA compliance officer may enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, to question privately any such employer, owner, operator, agent, or employee. 29 U.S.C. 657(a).

B. Notice

Inspections are generally conducted without advance notice. 29 C.F.R. 1903.6. Under special circumstance notice may be provided to the employer, but such notice will normally be less than twenty-four hours.

C. Warrants

OSHA may not conduct warrantless inspections without the employers consent. See Marshall v. Barlow, 436 U.S. 307 (1978). A warrant is not required when OSHA receives employer consent, when premises are in open view to the public, or where there is immanent danger.

If the OSHA compliance officer arrives at the job site without a search warrant, the employer may deny access to the job site thereby delaying the inspection process. Obtaining the warrant generally takes a couple of days. However, it is often suggested that employers who require OSHA to take this additional step are more likely to receive a citation once the inspection is concluded.

4. Inspection Process

A. Inspectors Credentials

The OSHA compliance officer is required to display official credentials when arriving at the job site. 29 C.F.R. 1903.7(a). The OSHA Inspection Manual directs the compliance officer to ask to meet an appropriate employer representative. At a construction site this will generally be a representative of the general contractor.

B. Opening Conference

During an opening conference the compliance officer should explain the purpose of the visit and the scope of the investigation. 29 C.F.R. 1903.7(a). The employer should be sure to get this information from the compliance officer in order to limit the inspection, if necessary. The compliance officer should give the employer a copy of any employee complaint that may be involved (with the employees name deleted, if the employee requests anonymity). The compliance officer will ask the employer to select an employer representative to accompany the compliance officer during the inspection.

C. Walk Through

After the opening conference, the compliance officer will proceed through the work site to inspect work areas for safety and health hazards. A representative of the employer may accompany the compliance officer on the inspection of the work site. 29 U.S.C. 657 (e); 29 C.F.R. 1903.8. Generally, it is best for a trained manager to accompany the compliance officer during the inspection. The compliance officer may employ reasonable investigative techniques. 29 C.F.R. 1903.7. The following are steps a compliance officer might typically take during an inspection: