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Loss Control

Am I Management?

September, 2011 - This article illustrates a very troubling trend in OSHA inspections, that is, for the agency to attempt to obtain admissions of OSHA violations in employee interviews of hourly employees, as opposed to a Management representative, in which the employer is excluded from the interview by OSHA claiming that the employee is not part of Management, and later to claim that the hourly employee is in fact a "supervisor" and thus the hourly employee's statements constitute binding "admissions" of the employer's legal liability. The article discusses a recent case in which this occurred and that the employer's legal counsel was excluded from the interview at the time because it was an hourly employee and OSHA later claimed the employee was a "supervisor". The article contains recommendations on how to respond to these situations.