By Cotney – Attorneys & Consultants
It is a fascinating scam. The person arrives, announces an OSHA affiliation, states an inspection is needed, and finds several violations. Then the would-be inspector offers not to write up the citation if a fee is paid on the spot—with a discount for cash.
Instances of OSHA impersonators are not new, but with heightened COVID-19 safety protocols, law enforcement is not surprised that this ruse is on the rise.
Hopefully, you are never the target of such a scammer, but if you are, here is what you should know.
An OSHA inspector should always provide a government-issued identification card and badge from your state or the U.S. OSHA office. Insist on seeing one.
The inspector should also provide a business card, which includes the phone number of the local office. You have every right to call the number and verify the inspector’s identity.
Before any inspection begins, the inspector should state the reason for the visit and request to meet with the owner or another person of authority.
OSHA inspectors will never issue a citation or penalty at the time of the visit. Instead, the results of an official OSHA visit will be mailed to you after the inspection.
OSHA inspectors will never collect a fine on the spot. Also, they will never try to sell you anything, such as OSHA posters or other materials.
Note that impersonating an OSHA investigator is a crime with serious consequences. If anyone arrives at your place of business and claims to be from OSHA, make sure you request to see the person’s ID and badge. If you have any suspicions about the person’s identity, call your local OSHA office. And if you feel in danger, call the police.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Cotney – Attorneys & Consultants is an advocate for the roofing industry and General Counsel of NRCA and several other industry-related associations. For more information, contact the author at 866.303.5868 or go to www.cotneycl.com.
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