O&MM Fabricator - May/June 2018 - 27

You and the compliance officer share the same
goal - a safe workplace for all of your employees.
Alaniz is a prolific writer on labor and employment law and conducts frequent seminars
for client companies and trade associations
across the country. Questions about this article, or requests to subscribe to receive monthly
articles, can be directed to 281-833-2200 or
ralaniz@alaniz-schraeder.com.

ORIGINALLY PUBLISHED IN FENCEPOST MAGA ZINE,
JANUARY/FEBRUARY 2018, THE OFFICIAL PUBLICATION
OF THE AMERICAN FENCE ASSOCIATION. REPRINTED
WITH PERMISSION.

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4.73"

Effective Closing Conference
At the end of the inspection process, a
closing conference is routinely held. The
compliance officer normally will reference
any standards that he or she feels have
been violated as well as possible abatement measures that could or should be
taken. The management team representative should take the opportunity to obtain
as much detailed information as possible,
including all possible violations that may
result from the inspection as well as the
specific OSHA standards involved. If there
are any unique problems with abatement,
those should also be thoroughly discussed,
including any efforts already taken to abate
the condition and eliminate any employee
exposure to a hazard.
OSHA inspections do not have to be the
traumatizing experience generally envisioned
by most employers. Proper planning and
preparation as well as reasonable efforts to
control the scope of the inspection as it is
occurring will greatly increase the employer's opportunity to limit or even avoid costly
OSHA citations.

Richard D. Alaniz is a senior partner at
Alaniz Schraeder Linker Farris Mayes, LLP, a
national labor and employment firm based in
Houston. He has been at the forefront of labor
and employment law for more than 30 years,
including stints with the U.S. Department of
Labor and the National Labor Relations Board.

For further information, please call 1-714-259-1372 or email sales.us@q-railing.com.

2012

similar policies. If there is a workplace accident in these states, or others as the policy
becomes more widespread, then OSHA and
state law may prohibit a blanket policy of drug
testing after an accident or may prevent an
employer from concluding that an employee
was impaired during the accident even if they
have a positive drug test.
Laws concerning off-duty marijuana use
are rapidly changing across the country. If
there is an OSHA investigation, then employers may be liable for accidents caused by
employees that failed drug tests because they
use medical marijuana off duty. Currently,
drug tests for marijuana cannot gauge
whether an employee was under the influence of marijuana at work, because marijuana can stay in someone's system for days
or even weeks. Employers that conduct drug
tests after an accident should be aware that
OSHA might determine that the drug testing
is retaliatory if the employer has a blanket
drug testing policy and are not required to
drug test by federal or other law.

1.77"

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May/June 2018 * O&MM Fabricator
| 27
1/28/18 2:23 PM


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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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