b'THE OFFICIAL NFBA MAGAZINEemployer, have the right to have a managementbe issued. As you can see, you should treat any person on site during a compliance inspection.OSHA compliance inspection as you would any The CSHO will wait a reasonable amount of timeother occurrence that might take place on the for such a representative to get to the jobsite. Ijobsite which may adversely affect your company.have found in my experience, that four hoursYou are now on the jobsite; what should you is considered a reasonable period of time for ado first? First, seek out the CSHO (he/she will management representative to get to the job site.probably find you) and ask them how they want to I feel very strongly that the employer should haveproceed. In all likelihood they will want to hold an someone, who is familiar with the employersopening conference. At the opening conference, LEGALLY SPEAKINGrights during an OSHA compliance inspectionthe CSHO will take a few minutes to outline why on site for the duration of the inspection. they are there, but first they will want an employee But I am getting a little ahead of myself. Whenrepresentative to be included. After an employee the site supervisor approaches the unidentifiedrepresentative has been selected and arrives at the individual,he/sheshouldasktoseetheiropening conference, the CSHO will again present credentials identifying them as a CSHO. Afterhis/her credentials. If they are there as the result that is confirmed, the site supervisor shouldof an employee complaint, they must provide ask the reason for the visit. This is important.you with a redacted copy of the complaint. This This information will be useful for managementmeans that anything on the complaint that could to determine whether they should oppose theidentify the complainant will have been removed inspection or permit it to proceed, and if theyor blacked out. The identity of the complainant is decide to permit it to proceed, whether theyconfidential and protected by OSHA. The CSHO should place any limits on the scope of thewill then discuss how they want to conduct the inspection. There was a time just after OSHAinspection. It is at this point that you should insist came into being that most employers regularlythat the CSHO comply fully with your companys demanded that the CSHO obtain a search warrantsafety rules, especially as they pertain to PPE before proceeding with an inspection. Todayand fall protection. The CSHO will probably also this is still a right you have as an employer, butindicate a desire to do confidential interviews because of decisions that have defined probableof employees on the jobsite. You might avoid cause, this right is only exercised in extremeproblems later if you can reach an agreement cases.Do not forget that if your crew continueswith the CSHO at this point as to the number of to work while you are deciding whether or notwitness interviews the CSHO will conduct.At to permit the inspection, any safety violationthis time the CSHO will also probably request by anyone on the crew that is observed by thecopies of your Safety Program, your Emergency CSHO will give him/her the probable cause theyAction Plan (EAP), your hazard communication will need to get a warrant if you require one. So,program, and your OSHA 300 forms for the year after you determine why the CSHO is on yourof the inspection and the preceding three years. jobsite, you should decide very quickly howYou must produce the OSHA 300 forms within you will proceed. If you have any hesitancy infour business hours of the request unless you permitting the inspection to proceed whether orreach an agreement with the CSHO for more not you are on the site, you should contact yourtime.If you do reach such an agreement, it is OSHA attorney and ask their advice. It is bettera good idea to make a written note of it and to get good advice early rather than permit anhave the CSHO sign off on it. Before you begin inspection to begin with no control while alsothe walk around map out the route you want to spending a lot of money later either defendingtake based on the compliant items. You should yourself or in settling the OSHA fines that mayavoid, if possible, any work areas not noted on continued on next page32 / FRAME BUILDER -JAN2020'