Portable Sanitation Association International

53 2019 INDUSTRY RESOURCE DIRECTORY OSHA or even to expand the inspection to cover the entire workplace. The inspector may talk to affected employees, and you should be aware that they have a right to talk privately and confidentially to the inspector and to make their own verbal or written complaint to OSHA at any time. The inspector may also conduct private interviews outside the workplace. During an OSHA inspection be sure to exercise your rights whenever appropriate. You have the right to accompany the compliance officer at all times during the walkaround, and to take side-by-side photographs and document other physical evidence that OSHA takes during the inspection. If the inspector talks to other management employees, employers have the right to be present and participate in the interviews of these witnesses. This is because statements by management representatives are binding on the company. The Occupational Safety and Health (OSH) Act gives employers the right to be present when binding statements are taken, so employers have a right to be present and participate in interviews of management witnesses, regardless of whether the management witness wants the representative there. The OSHA inspector is supposed to bring "apparent violations" to the attention of employer and employee representatives at the time they are documented. If the inspector does not observe hazards alleged in the complaint, the complaining employee or his/her representative can explain how employees were or could be exposed. The inspector may be using equipment to measure noise, dust, fumes, or other hazardous exposures. Watch these tests. If you do not understand what the inspector is doing, ask. Request summaries of the sampling results, which OSHA must provide to the requesting party as soon as practicable. Take notes. What happens at the closing conference? After the walkaround, the inspector is required to have a closing conference, jointly or separately, with company and employee representatives. If management wants separate closing conferences, OSHA will hold the employee representative conference first to allow for any more employee input. OSHA will discuss "apparent violations" and ways to correct hazards, deadlines, and possible fines. A second closing conference may be held if needed information, such as sampling results, was not initially available. The inspector will also advise the employee representative that: • The employer must not discriminate against employees for health and safety activity. • If the employer contests an OSHA citation, the employees have a right to elect "party status" before the Occupational Safety and Health Review Commission (an independent agency). • You, the employer, must notify employees if you file a notice of contest or a petition for modification of an abatement date. • They have a right to contest the time OSHA allows the employer for correcting a hazard. A contest must be in writing and must be filed within 15 working days after receipt of the citation. Better worksites. Better weekends. Better world. EXCLUSIVE MEMBERS-ONLY CONTENT REDACTED Join us now at www.psai.org for access to this valuable information.

• Cover