CONNstruction - Winter 2018 - 23

The compliance officer may request
documents that include confidential internal written communications that may be
privileged or contain sensitive self-analysis
materials that do not need to be provided
to OSHA as a matter of routine. Such
document requests should be evaluated
on an individual basis before being turned
over, and an employer may want to consult with its legal counsel before doing so.
If the employer decides not to turn over
sensitive documents, and OSHA wants
to obtain them, it can issue a subpoena,
which would be subject to the employer's
legal challenge.
Inspection of the Worksite. After the
opening conference, the compliance officer
must conduct a physical inspection of the
worksite. The compliance officer may take
photographs, videos, notes, measurements,
and conduct confidential employee interviews. Tests such as air sampling or noise
monitoring may also be performed, and the
compliance officer may request the employer's records. The employer's representative
should keep an independent record of the
areas inspected, what was looked at, including the machines and procedures inspected.
If the compliance officer takes photographs,
the employer's representative should photograph the same thing. The inspection may
take less than a day or stretch into weeks or
months, depending on complexity.
Closing Conference. After the inspection
is completed, the compliance officer will hold
a closing conference where the preliminary
findings are shared with the employer. While
the ultimate decision whether to issue a citation is the Area Director's to make, typically,
the compliance officer's statements during the
closing conference indicate the likely citations.
Issuance of Citations and Notice of
Contest Period. If citations are issued, the
Area Director typically issues them within six
to eight weeks of the inspection, but cannot
issue them after six months. The employer
then has fifteen working days to file a written notice of contest. If an employer fails to
contest the citations, the citations (as issued)
become final orders.
The Informal Conference. During this
same fifteen working day period, an employer
can request an informal conference with

the Area Director. This is an opportunity to
discuss the citations, proposed penalties,
and proposed abatement dates. During
the informal conference, the employer can
present its arguments (both factual and
legal) for having the citations reduced or
withdrawn. If successful, OSHA and the
employer can enter into a written agreement specifying the agreed upon terms.
Some employers attend the informal conference alone, and some may choose to
have their legal counsel attend. Which
option is right depends on the nature and

complexity of the citations and underlying
facts, as well as the employer's comfort
level with its ability to articulate its factual
and legal arguments.
Referral for Prosecution. If no agreement
is reached at the informal conference, the
case will be referred to the US Department
of Labor's Solicitor's Office for prosecution,
and docketed with the Occupational Safety
and Health Review Commission.
Be Professional and Respectful Throughout the Inspection Process. It is
important for an employer to understand that

Built on
Experience
Your vision is our blueprint
for achievement.

For decades, we have advised
corporations, developers,
lenders, non-profit institutions,
governmental entities,
and individuals on their most
complex and notable transactions.

Construction law is a core focus of our law firm.
Robert J. O'Brien
(860) 251-5789 |

robrien@goodwin.com

|

shipmangoodwin.com

GREENWICH

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HARTFORD

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LAKEVILLE

NEW YORK

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WASHINGTON DC

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CONNstruction - Winter 2018

Table of Contents for the Digital Edition of CONNstruction - Winter 2018

Fleet Tracking with Telematics
Don’t Let Vibration Damages Shake You
Trenching and Excavation Safety
Preventing Runovers and Backovers in Work Zones and Construction Sites
If OSHA Knocks, How Do You Respond?
Diggers Mixers Fixers Golf Outing
2018 AGC/CT Industry Recognition Dinner
Connecticut Road Builder Association Dinner
YCF Yard Goat Baseball/BBQ & Fall Membership Meeting
OSHA-CCIA-ConnOSHA Annual Safety Alliance Conference & Press Conference
A Blue Light for Safety
“If You See Something, Say Something” Applies to More Than Homeland Security
CONNstruction - Winter 2018 - Intro
CONNstruction - Winter 2018 - cover1
CONNstruction - Winter 2018 - cover2
CONNstruction - Winter 2018 - 3
CONNstruction - Winter 2018 - 4
CONNstruction - Winter 2018 - 5
CONNstruction - Winter 2018 - A Blue Light for Safety
CONNstruction - Winter 2018 - “If You See Something, Say Something” Applies to More Than Homeland Security
CONNstruction - Winter 2018 - Fleet Tracking with Telematics
CONNstruction - Winter 2018 - 9
CONNstruction - Winter 2018 - 10
CONNstruction - Winter 2018 - 11
CONNstruction - Winter 2018 - Don’t Let Vibration Damages Shake You
CONNstruction - Winter 2018 - 13
CONNstruction - Winter 2018 - Trenching and Excavation Safety
CONNstruction - Winter 2018 - 15
CONNstruction - Winter 2018 - 16
CONNstruction - Winter 2018 - 17
CONNstruction - Winter 2018 - Preventing Runovers and Backovers in Work Zones and Construction Sites
CONNstruction - Winter 2018 - 19
CONNstruction - Winter 2018 - 20
CONNstruction - Winter 2018 - 21
CONNstruction - Winter 2018 - If OSHA Knocks, How Do You Respond?
CONNstruction - Winter 2018 - 23
CONNstruction - Winter 2018 - 24
CONNstruction - Winter 2018 - 25
CONNstruction - Winter 2018 - Diggers Mixers Fixers Golf Outing
CONNstruction - Winter 2018 - 2018 AGC/CT Industry Recognition Dinner
CONNstruction - Winter 2018 - Connecticut Road Builder Association Dinner
CONNstruction - Winter 2018 - OSHA-CCIA-ConnOSHA Annual Safety Alliance Conference & Press Conference
CONNstruction - Winter 2018 - 30
CONNstruction - Winter 2018 - cover3
CONNstruction - Winter 2018 - cover4
CONNstruction - Winter 2018 - outsert1
CONNstruction - Winter 2018 - outsert2
CONNstruction - Winter 2018 - outsert3
CONNstruction - Winter 2018 - outsert4
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