Are your responses precise? Do you know the reason behind the questions? Does your safety culture proactively support OSHA Regs based on the work your employees perform? Do your leaders understand?
OSHA attorney at Ogletree | helping employers with OSHA inspections, citations, and trials nationwide | CSP | follow me for updates and OSHA defense strategies
Think before you answer these 10 questions at an OSHA interview or deposition Or at least, let us object! 1. Who is in charge of safety at the site? (this shows a fundamental misunderstanding of safety) 2. Would it have been safer to do it this way? (what does “safer” mean?) 3. Why do you think the accident happened? (sure, you know your stuff, but you are not a retained expert) 4. What abatement have you performed? (this question may be well meaning, they all may, but it certainly implies that there was an underlying violation to begin with) 5. How often do you conduct inspections at the worksite? (remember, this is a lawyer talking, but: what’s an inspection?) 6. Who controlled the work? (I don’t know what control means and I’m not sure courts even know what control means; (in a Joe Pesci manner) control how!?) 7. Were you supervising the workers? (if you are a working foreman, maybe in someways, yes, but in another ways, no) 8. Did your employee violate a company safety rule? (you absolutely better be ready for this question because this is an element of the oftentimes raised unpreventable employee misconduct affirmative defense – if you get that question, the inspector knows exactly why he or she is asking it!) 9. Why didn’t you do this or that? (it would be nice if all witnesses could just say I have no idea, but they probably can’t do that and have a good result - so, if OSHA thinks something was missing on site, let’s say PPE, you need to explain why if there is a reason; otherwise you’re probably in trouble!) 10. Did you know that workers were performing that activity? (if you’re a supervisor, OSHA is gunning for knowledge, a critical element - one of four – that OSHA must prove to establish a violation and one of the elements that employers oftentimes argue cannot be proven) When it comes to OSHA interviews or depositions, you not only need to tell the truth (please do that), but you ALSO need to know, precisely, WHY the questions are being asked! Remember folks, at this stage, this is all legal! #OSHA #safety
