OSHA Defense for the Construction Industry

Book excerpt: The second biggest threat to the construction industry, behind the lack of skilled labor, is the unchecked expansion of regulatory agencies. Recent government expansion has granted the Occupational Safety & Health Administration (OSHA) the authority it needs to single-handedly put contractors out of business through targeting, and repeat or excessive fines. The purpose of this book is to provide contractors, trades, design professionals, suppliers, manufacturers and others in the industry with an understanding of their rights during an OSHA inspection as well as critical defenses to use after an OSHA citation has been issued. Topics include safety compliance, recordkeeping and reporting, responsible use of social media, constitutional protections, witness statements, settlements with OSHA, willful citations, and a discussion of defenses including unpreventable employee misconduct, multi-employer site defense and the greater hazard defense. Finally, the book discusses some of the recent regulation changes including the new silica standard, the new confined space standards, and the increase in OSHA fines.