OSHA – What To Do When OSHA Shows Up

Federal and State OSHA agencies are more frequently conducting compliance inspections in the construction industry. Compliance officers are conducting site investigations on projects where VSC employees are present or were previously exposed to a hazard.

If a competent VSC representative is not on an active project site to participate in an OSHA inspection the following negative results can happen:

  • Failure to immediately correct a violation while OSHA is on site will negatively affect our ability to prevent a citation.
  • A proposed citation can become an actual recorded violation with fines.
  • Citations become public record for 5 years.
  • Repeat violations of a previous citation within the five year period can double fines.
  • Customers and contractors use violations to decline VSC proposals resulting in loss of future job opportunities, revenue, and growth.
  • There is no insurance policy to cover fines.  Fines are paid for by the responsible District!

VSC Representative on site for an OSHA Inspection

If we have prior notice of an OSHA inspection it is MANDATORY that the VSC Supervisor responsible for the project site immediately notify VSC Risk Management and attends the Inspection and Closing Conference, because…

  • The fully trained and knowledgeable VSC representative’s cooperation with instructions and answering questions about our Health & Safety Program can help us avoid citations entirely!
  • Correcting a violation in the inspector’s presence can prevent it from becoming a citation.
  • If cited, a prepared VSC representative’s answers and actions may result in a 10% reduction in $$ fines or the fine being completely removed.
  • VSC’s Risk Management has a better chance of disputing an OSHA citation with accurate information and evidence that is gathered immediately on the day of the inspection.
  • We can prevent a VSC subcontractor’s citation from being recorded as a VSC citation.

What You Do When OSHA Shows Up – a Step by Step List

  • Immediately contact your manager and VSC’s Risk & Safety Department Representative.
  • If not present, the Field Superintendent/Supervisor must go to the jobsite as soon as possible.
  • The most senior VSC employee at the jobsite must participate in the OSHA inspection.
  • VSC’s representative must attend the OSHA “Opening Conference” where he/she will:
    • Take notes on why OSHA is conducting the investigation;
    • Obtain the OSHA compliance officer’s business card/contact information and accept any brochuresthat are provided.
    • Take notes on why OSHA is conducting the investigation;
    • Obtain the OSHA compliance officer’s business card/contact information and accept any brochuresthat are provided.
  • VSC’s representative must participate in the OSHA job-site walk around, and:
    • Document the OSHA compliance officer’s inspection of VSC exposures or violations indicated.
    • If the OSHA compliance officer takes photos or video of any VSC job task, work zone, tools,materials, equipment or VSC property – VSC’s representative must also take photos.
    • Take photos and make notes of any corrective actions performed by, or on behalf of VSC.
    • If the OSHA compliance officer offers advice or direction on how to correct a violation, the VSC representative must immediately comply.
    • Stop VSC operations and remove VSC employees from any identified hazard until it is corrected.
  • The OSHA compliance officer may interview any VSC employee at the jobsite but the employee has the optionto not agree to participate in an interview.
  • VSC cannot stop an employee from voluntarily speaking with an OSHA compliance officer.
  • The information shared with the OSHA compliance officer by the VSC employee is confidential and can only be disclosed voluntarily by the employee!
  • If the OSHA compliance officer asks for documentation of an employee’s training and/or VSC’s Health & Safety program, and it is not at the job-site, it must be provided within 1 business day – so make sure you advisethe District Office and VSC’s Risk & Safety Department.
  • If VSC is cited for a violation VSC’s representative must attend the Closing Conference and document allproposed violations and comments that affect VSC.
  • If VSC has a subcontractor at the jobsite the subcontractor has to have their own representative attend theOpening Conference/Walk-Around/Closing Conference.
  • VSC’s representative must take notes of any hazard or violation directed to a VSC subcontractor who isperforming work for VSC.

VSC Risk Management Team offers competent person training in OSHA 10 & 30 hour classes. Training includes how to participate in a compliance inspection and what hazards OSHA would be looking for and how to avoid them BEFORE they show up.