Page 129 - Forensic Structural Engineering Handbook

3.14 DESIGN AND CONSTRUCTION PRACTICES

Opening Conference. In the opening conference, the OSHA inspector, known as the
compliance safety and health officer (CSHO), will discuss the purpose of the visit after pre-
senting her or his credentials. The CSHO will describe whether the inspection is a result of
programmed selection of the site, which is always done on an unbiased and neutral basis.
If it is an unprogrammed inspection, the CSHO will explain whether it is a result of com-
plaints or any reported incident at the site. If the complaint was received by OSHA from an
employee, the OSH Act forbids employers to take retribution against the employee making
the complaint. The inspectors will also discuss routine administrative matters and inform
the employer about the OSH Act and where the standards could be obtained.
Site Inspection. Depending on the area of interest to the inspector, the site conditions will
be observed, noted, and photographed by the compliance officer. Videotapes will also be
recorded which can be used later to develop the case in the event that any violations of
OSHA standards have occurred. The inspector will generally request documents pertaining
to the area of suspected violation. In case of a structural failure, a number of documents are
requested. Copies of construction drawings and project specifications including architec-
tural, structural, plumbing, electrical, and HVAC drawings will be requested by the CSHO.
Copies of shop drawings prepared by fabricators and erection drawings, if any, will be
asked for. Also contract papers between general contractors and subcontractors will be
requested in order for the CSHO to review the work of each contractor. The copies of the
drawings will be returned to the employer after the investigation. If any trade secret is
involved, the CSHO should be informed immediately and the documents should be clearly
marked. The CSHO will conduct the inspection in a manner which will present the least
disturbance to the ongoing work at the site.
The CSHO might review other documents at the site, for example, hazard communi-
cation plan, safety and health plans, and medical records. Following the documents
review, the inspector will schedule interviews with employees and management. During
the OSHA interview, management personnel are generally assisted by their attorney. As
regards nonsupervisory employees, OSHA can interview them in private without an
employer representative. The inspector can interview as many employees as he or she
deems fit to establish possible violations of OSHA standards. The interview can be
recorded or handwritten, and the employee can be asked to sign the statements after care-
fully reviewing the contents of the interview.
Closing Conference. The conclusion of the inspection is marked by a closing conference
which is conducted informally. The inspector will discuss the alleged violations and can
indicate where citations could be issued and penalties imposed. The employer can provide
additional information in defense of his or her position and may request reconsideration of
any potential citation and penalties.

Citations. If the OSHA area office determines that the OSHA standards have been vio-
lated by the employer based upon the facts of the inspection by the CSHO, then citations
and accompanying penalties are issued to the employer. Violations of OSHA standards are
classified as willful, serious, other than serious, and repeated.

Willful violation: A willful violation is one which is committed intentionally and know-
ingly. Despite the knowledge that a hazardous condition exists at the site, the employer
makes no reasonable effort to correct the situation. The penalty ranges from $5000 to
$70,000 for each willful violation.
Serious violation: A serious violation exists where there is a substantial probability that
death or serious physical harm could occur and the employer knew or should have
known about the danger involved. The range of penalty is $1500 to $7000. However,