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When OSHA knocks on your door, it’s not just another workday — it’s a critical moment that can make or break your business’s safety record and financial future. Whether you’re overseeing a busy construction site in New York City, managing subcontractors in New Jersey, or running operations in Connecticut, you need to be ready. That’s where BGES Group, the tristate area’s go-to construction insurance specialists, steps in — helping contractors not only prepare for OSHA visits but avoid costly missteps before they happen.
With over 40 years of combined industry experience, BGES Group understands the unique risks construction companies face. From scaffolding concerns and fall protection to worker classification and general liability, they help clients stay compliant, reduce risk, and secure insurance that’s tailored to the real-world hazards of the job site.
But compliance isn’t just about coverage — it’s about strategy. That’s why BGES Group also educates clients on best practices for handling OSHA inspections with confidence. Here are 10 crucial tips they recommend to help employers navigate the OSHA process efficiently and effectively.
1. Appoint a Walkaround Representative Before an Inspection
OSHA regulations allow you to designate a representative to accompany the inspector during the site walkaround. This can be a safety officer, company manager, or even legal counsel. BGES Group advises clients to prepare this in advance, ensuring the rep knows site protocols and can speak knowledgeably and calmly on your behalf. Having the right person guide the visit can keep the inspection focused and under control.
2. Sit In on Supervisor Interviews
While OSHA can interview your employees, if the person being questioned is in a managerial or supervisory role, you have the right to be present. BGES Group recommends always having a representative — or even legal counsel — sit in to help clarify facts and avoid misinterpretation. This step is crucial in ensuring that what gets said in the interview won’t be used unfairly later.
3. Know That Employees Have Rights Too
Non-supervisory employees can choose to speak privately with OSHA, but they are not obligated to do so. They can decline interviews or refuse recordings, and you, as the employer, cannot retaliate. It’s essential to foster a culture where workers feel comfortable with safety practices, but BGES Group warns against coercion or intimidation — even unintended.
4. Citations Can Come Six Months Later
Just because you haven’t heard from OSHA in a few weeks doesn’t mean you’re off the hook. OSHA has up to six months after the date of an alleged violation to issue citations. If you’re caught concealing information or misleading investigators, the clock resets. BGES Group emphasizes thorough and accurate documentation at all times, as part of your defense strategy.
5. Respond Within 15 Working Days
Once you receive a citation, the countdown begins. You have 15 business days to contest the citation or request an informal conference, which can be a more cost-effective route. BGES Group often helps clients during this process, ensuring they explore all options before escalating to legal action.
6. No Injury? Still Not Safe
A lack of injury doesn’t mean a lack of liability. OSHA can — and will — cite for unsafe conditions even if no one was harmed. If an inspector sees a dangerous situation unrelated to the original complaint, you could be penalized. That’s why BGES Group works with contractors to create comprehensive site safety protocols, not just reactionary fixes.
7. You’re Responsible for All Site Hazards — Even for Other Crews
On a multi-employer job site, you can be cited under OSHA’s multi-employer doctrine if your crew created, controlled, or should have corrected a hazard — even if the affected employee works for another company. For general contractors, this is a huge liability. BGES Group offers risk transfer advice and contractual protections to reduce your exposure in these complex environments.
8. The General Duty Clause Is Broad
OSHA doesn’t need a specific regulation to issue a citation. Under the General Duty Clause, they can penalize employers for failing to address a known serious hazard — even if no exact rule exists. BGES Group keeps clients informed about industry best practices and helps them implement proactive safety programs that go beyond mere compliance.
9. OSHA Doesn’t Need to Be Hyper-Specific
When you receive a citation, don’t expect a play-by-play breakdown. OSHA only needs to provide fair notice of the alleged violation — the fine details come later during the contest or discovery process. BGES Group can help decode citations and guide you through the next legal or regulatory steps, ensuring your rights are protected throughout the process.
10. Use FOIA to Your Advantage
Want to know more about why OSHA made certain decisions during an inspection? You can file a Freedom of Information Act (FOIA) request for the inspection records. This insider information can be invaluable when preparing a defense or improving future compliance. BGES Group often assists clients in crafting and submitting FOIA requests — another example of their commitment to going above and beyond traditional insurance services.
Why BGES Group?
When construction companies in the New York, New Jersey, and Connecticut tristate region need more than just a policy, they turn to BGES Group. What sets them apart is their specialized focus on construction risk, deep industry insight, and hands-on support in navigating regulations like OSHA.
From helping secure Workers’ Comp policies and General Liability to providing safety consulting and audit defense strategies, BGES Group becomes a trusted partner — not just a provider. They understand that in construction, one misstep can lead to a serious financial and legal setback. That’s why they’re proactive in educating clients, helping them stay prepared and compliant long before inspectors arrive.
Contact BGES Group Today
If you operate in the construction industry and want to protect your business, your workers, and your bottom line, reach out to the experts who understand your world.
📞 Call BGES Group at (914) 806-5853 – Gary Wallach
🌐 Visit www.bgesgroup.com
📧 Email mweiss@bgesgroup.com
Stay compliant. Stay protected. Partner with BGES Group — your construction insurance specialists in the tristate area.