O&MM Fabricator - May/June 2018 - 25

walkaround. You may have more than one
management representative participating if
you so choose, and many employers do so. If
any photographs and/or video are taken, your
management representative should take the
same photographs and/or video. He or she
should exercise as much control as possible
regarding the scope of the inspection without creating a confrontation. Unless it is a
scheduled wall-to-wall inspection, it should
be an inspection of limited scope focusing
on the equipment or area that prompted
the complaint or the accident that caused
the visit. Permitting the compliance officer
to have unrestricted access to inspect all
plant areas and observe uninvolved equipment merely increases the potential for
finding violations.

employers to have a policy requiring drug tests
after every accident unless the employer is
required to drug test employees in accordance
with some other federal or state law (such as
regulations for drivers from the Department
of Transportation). However, in June 2017
the Department of Labor issued a notice of
proposed rulemaking to revise, reconsider or
remove portions of the rule. Therefore, the
Trump administration may eventually revise
OSHA's current policies forbidding employers

from conducting post-accident drug tests anytime there is an accident.
In addition, employers should be aware
that three states have found that an employer
could not fire or discipline an employee for
a positive drug test for marijuana when the
employee uses medical marijuana and the
state prohibits discrimination based on this
medical marijuana use. This is a significant
change that will affect many workplaces. It
is likely that more states will adopt this or

Conducting Interviews
As part of any OSHA inspection, the compliance officer has the right to, and generally
will, interview both employees and management representatives. Employers have a right
to be present or have their attorney present
at any management interviews. There is no
right to be present at employee interviews.
However, employees are not obligated to participate in any interviews and the employer
can inform them of this. While OSHA could
seek a subpoena to compel employee participation, they generally do not go to that
next step unless a serious injury or death is
involved. It is important that any manager or
supervisor interviewed be truthful, but not
volunteer information unrelated to the matter
at issue. They should respond to questions
as succinctly as possible. They should also
request a copy of any statement that they are
asked to acknowledge or sign. You should also
ask any employees interviewed to request
a copy of any statement they provide to the
compliance officer.
Medical Marijuana, Workplace
Injuries, OSHA and Positive
Drug Tests
A potential new concern is that in a routine
OSHA inspection your drug testing policy may
become an issue. Last year, OSHA published
a rule prohibiting employers from enforcing
a policy that required employees to submit to
drug testing after an accident, because the
policy may discourage employees from reporting injuries. Currently, OSHA does not permit
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Table of Contents for the Digital Edition of O&MM Fabricator - May/June 2018

President’s Letter
Letter From the Executive Director
NOMMA Network
NOMMA Education Foundation
Preparing for an OSHA Inspection
Intellectual Ironwork
Sealing Loops in Winter/cold Weather
Happy Employees Without the Headaches
Supplier Members
New NOMMA Members & Iron Club Members
Gold Members
Take a Stroll Down Memory Lane – Top Job Awards Over the Years
Index of Advertisers
O&MM Fabricator - May/June 2018 - Intro
O&MM Fabricator - May/June 2018 - bellyband1
O&MM Fabricator - May/June 2018 - bellyband2
O&MM Fabricator - May/June 2018 - cover1
O&MM Fabricator - May/June 2018 - cover2
O&MM Fabricator - May/June 2018 - 3
O&MM Fabricator - May/June 2018 - 4
O&MM Fabricator - May/June 2018 - 5
O&MM Fabricator - May/June 2018 - 6
O&MM Fabricator - May/June 2018 - 7
O&MM Fabricator - May/June 2018 - 8
O&MM Fabricator - May/June 2018 - 9
O&MM Fabricator - May/June 2018 - 10
O&MM Fabricator - May/June 2018 - President’s Letter
O&MM Fabricator - May/June 2018 - 12
O&MM Fabricator - May/June 2018 - Letter From the Executive Director
O&MM Fabricator - May/June 2018 - 14
O&MM Fabricator - May/June 2018 - NOMMA Network
O&MM Fabricator - May/June 2018 - 16
O&MM Fabricator - May/June 2018 - 17
O&MM Fabricator - May/June 2018 - NOMMA Education Foundation
O&MM Fabricator - May/June 2018 - 19
O&MM Fabricator - May/June 2018 - 20
O&MM Fabricator - May/June 2018 - 21
O&MM Fabricator - May/June 2018 - Preparing for an OSHA Inspection
O&MM Fabricator - May/June 2018 - 23
O&MM Fabricator - May/June 2018 - 24
O&MM Fabricator - May/June 2018 - 25
O&MM Fabricator - May/June 2018 - 26
O&MM Fabricator - May/June 2018 - 27
O&MM Fabricator - May/June 2018 - Intellectual Ironwork
O&MM Fabricator - May/June 2018 - 29
O&MM Fabricator - May/June 2018 - 30
O&MM Fabricator - May/June 2018 - 31
O&MM Fabricator - May/June 2018 - Sealing Loops in Winter/cold Weather
O&MM Fabricator - May/June 2018 - 33
O&MM Fabricator - May/June 2018 - Happy Employees Without the Headaches
O&MM Fabricator - May/June 2018 - 35
O&MM Fabricator - May/June 2018 - 36
O&MM Fabricator - May/June 2018 - 37
O&MM Fabricator - May/June 2018 - 38
O&MM Fabricator - May/June 2018 - Supplier Members
O&MM Fabricator - May/June 2018 - 40
O&MM Fabricator - May/June 2018 - New NOMMA Members & Iron Club Members
O&MM Fabricator - May/June 2018 - 42
O&MM Fabricator - May/June 2018 - Gold Members
O&MM Fabricator - May/June 2018 - Take a Stroll Down Memory Lane – Top Job Awards Over the Years
O&MM Fabricator - May/June 2018 - 45
O&MM Fabricator - May/June 2018 - 46
O&MM Fabricator - May/June 2018 - 47
O&MM Fabricator - May/June 2018 - 48
O&MM Fabricator - May/June 2018 - Index of Advertisers
O&MM Fabricator - May/June 2018 - 50
O&MM Fabricator - May/June 2018 - cover3
O&MM Fabricator - May/June 2018 - cover4
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