"Zero Incidents" or "Zero Violations" Clauses

What contracts often say: "Contractor shall maintain zero OSHA violations" or "Contractor guarantees zero workplace incidents."

The problem: No regulation requires "zero violations" or "zero incidents." OSHA requires employers to provide a workplace "free from recognized hazards"—a performance standard focused on prevention, not an absolute guarantee. Accidents can happen even in compliant workplaces.

What you should negotiate: "Contractor shall comply with all applicable OSHA standards and maintain a written safety program."

Overly Broad "Compliance with All Laws" Language

What contracts often say: "Contractor shall comply with all federal, state, and local environmental, health, and safety laws, regulations, and ordinances."

The problem: This language can obligate you to comply with regulations that don't apply to your scope of work—like EPA hazardous waste rules when you're not generating waste, or construction standards when you're doing general industry work.

What you should negotiate: "Contractor shall comply with all EHS laws and regulations applicable to the services performed under this agreement."

Absolute Indemnification for Regulatory Violations

What contracts often say: "Contractor shall indemnify and hold harmless Client from any and all fines, penalties, or citations arising from any EHS violation."

The problem: This shifts 100% of regulatory liability to you—even when the client's own actions, site conditions, or joint-employer responsibilities contributed to the violation. OSHA often cites both parties in multi-employer worksites.

What you should negotiate: "Each party shall be responsible for its own violations and shall indemnify the other only for violations caused by its sole negligence or willful misconduct."

Misapplied Industry Standards

What contracts often say: "Contractor shall comply with ANSI Z359 Fall Protection Standards" or "Contractor shall follow NFPA 70E arc flash requirements."

The problem: ANSI, NFPA, and other consensus standards are NOT federal law unless OSHA or another agency specifically adopts them by reference. Contracts often mandate voluntary standards as absolute requirements.

What you should negotiate: "Contractor shall comply with applicable OSHA standards. Where OSHA incorporates industry standards by reference, Contractor shall comply with those incorporated provisions."

Undefined "Client Safety Programs" or "Site-Specific Rules"

What contracts often say: "Contractor shall comply with all Client safety programs, policies, and site-specific safety rules."

The problem: You're agreeing to follow rules you haven't seen. Clients may have internal policies that exceed regulatory requirements or conflict with your own safety program. You could be in "breach" even while fully OSHA-compliant.

What you should negotiate: "Contractor shall comply with Client safety rules provided in writing at least 10 days prior to work commencing, provided such rules do not conflict with applicable law or Contractor's responsibilities under OSHA."

1. The OSH Act Requires Employer-Specific Training

Section 5(a)(1) of the Occupational Safety and Health Act—the General Duty Clause—requires employers to furnish "a place of employment which is free from recognized hazards."

Courts and OSHA itself have consistently interpreted this to mean employers must provide adequate training on the specific hazards present in their workplace. Generic awareness training that covers broad topics across multiple industries does not satisfy this requirement.

OSHA-30HR is a one-size-fits-all course. Your workplace hazards are unique. Generic training = non-compliant training.

2. OSHA Standards Require Task-Specific Training

Nearly every major OSHA standard includes explicit training requirements tied to specific tasks and hazards. For example:

• 29 CFR 1910.147 (Lockout/Tagout): Requires training on energy control procedures for the specific equipment employees service.
• 29 CFR 1926.501 (Fall Protection): Requires training on fall hazards and fall protection systems for the work being performed.
• 29 CFR 1910.134 (Respiratory Protection): Requires training on the respirators employees will actually use and the hazards they'll face.
• 29 CFR 1910.178 (Powered Industrial Trucks): Requires vehicle-specific and workplace-specific operator training.

OSHA-30HR provides awareness-level overviews of these topics. It does NOT provide the task-specific, hands-on, employer-documented training these standards demand.

3. No Documentation, No Compliance

OSHA training standards require documented proof that training occurred, covering:

• Employee name
• Trainer name and qualifications
• Date of training
• Specific topics covered
• Employee's demonstrated understanding (often via testing or observation)

An OSHA-30HR card tells you someone sat through 30 hours of general safety content at some point. It doesn't tell you:

• Whether the training covered your workplace hazards
• Whether the employee understood the material
• When the training occurred (cards don't expire, but knowledge does)
• Who provided the training or verified competency

A card is not documentation. During an OSHA inspection, you'll be asked for training records tied to your hazards and tasks—not a generic certificate.

4. Employers Can't Outsource Their Training Obligation

Under the OSH Act, the employer is responsible for ensuring employees are trained. You cannot satisfy this obligation by requiring employees to obtain OSHA-30HR cards on their own time.

The employer must:

• Identify workplace-specific hazards
• Develop training that addresses those hazards
• Deliver training in a language and manner employees understand
• Verify employee understanding
• Provide retraining when conditions change or deficiencies are observed

OSHA-30HR shifts training responsibility to the worker and a third-party trainer who knows nothing about your site. That's a compliance failure waiting to happen.

5. "Certification" Is a Myth

OSHA is crystal clear: "None of the courses within the Outreach Training Program is considered a certification."

Yet employers and job postings routinely refer to OSHA-30HR as "OSHA certification" or "OSHA-certified training." This is false. There is no such thing as an "OSHA-certified worker." OSHA does not certify individuals.

Treating OSHA-30HR as certification creates a false sense of compliance and exposes you to liability when a trained-but-not-competent worker gets hurt.

OSHA Form 300: Log of Work-Related Injuries and Illnesses

This is the running log where you record every work-related injury or illness that meets OSHA's recordability criteria throughout the calendar year.

Posting Requirement: NOT posted publicly. Keep this form on file for 5 years. Only employees and their representatives have the right to review it upon request.

OSHA Form 300A: Summary of Work-Related Injuries and Illnesses

This is the annual summary form that totals the injury and illness data from your Form 300. It shows the total number of cases, days away from work, job transfers/restrictions, and types of injuries.

Posting Requirement: MUST be posted publicly from February 1 to April 30 every year.

OSHA Form 301: Injury and Illness Incident Report

This is the detailed incident report form completed for each recordable injury or illness. It captures information about the employee, the incident, and the injury/illness.

Posting Requirement: NOT posted publicly. Keep this form on file for 5 years. Contains confidential employee information and must be kept private (except for authorized employee/representative access).

1. You Have the Right to See the Inspection Warrant (If There Is One)

OSHA does not have unlimited authority to enter your workspace. If an employer denies entry or if OSHA seeks to inspect areas beyond immediate danger or plain view violations, OSHA must obtain an administrative inspection warrant.

What you can do:

• Ask to see the warrant before allowing access.
• Review the scope of the warrant—it defines what OSHA can inspect and where.
• If the inspector tries to exceed the warrant's scope, you can object (politely but firmly).

Note: Most inspections are "consensual"—the site owner/general contractor allows OSHA in voluntarily. But you still have the right to know the scope and purpose of the inspection.

2. You Have the Right to Accompany the Inspector (Walkaround Rights)

29 CFR 1903.8 grants employer representatives the right to accompany the OSHA compliance officer during the inspection walkaround. As a contractor on-site, you have the right to have your own representative present during any inspection of your work areas or involving your employees.

What you should do:

• Immediately designate a knowledgeable representative (safety manager, supervisor, or competent person).
• Have your rep accompany the inspector whenever they're in your work area or speaking with your employees.
• Your representative should take notes, photos, and document what the inspector observes and photographs.
• Do NOT interfere with the inspection—but do observe and document everything.

Pro Tip: Take your own photos and measurements of anything the inspector documents. You'll need this if you contest citations later.

3. You Have the Right to Be Present During Employee Interviews

OSHA regulations allow inspectors to conduct private employee interviews without management present—if the employee requests privacy. However, employees do not have to agree to private interviews, and you have the right to offer your presence.

What you should do:

• Inform your employees before the inspection (if possible) that they have the right to request your presence during interviews.
• If an employee agrees to a private interview, respect that—don't interfere.
• If your employee wants you present, politely request to sit in (but let the employee do the talking—don't coach them in real time).
• After any interview, debrief your employees to understand what was asked and what they said.

Warning: Never tell employees to lie, refuse to talk, or withhold information. That's obstruction and can result in separate penalties.

4. You Have the Right to Review Documents Before Turning Them Over

OSHA can request documents during an inspection, including safety programs, training records, injury logs (OSHA 300), and equipment certifications. However, you have the right to review those documents before handing them over and to ensure you're only providing what is legally required.

What you should do:

• Ask the inspector to specify exactly what documents they want and why.
• Tell the inspector you need time to retrieve and review the documents (you can provide them later that day or the next business day).
• Consult with legal counsel or your safety consultant before handing over documents you're unsure about.
• Do NOT volunteer documents beyond what's requested—answer only what's asked.

Pro Tip: Some documents (like internal incident investigation notes or attorney-client privileged materials) may be protected. Don't hand over everything indiscriminately.

5. You Have the Right to Correct Hazards During the Inspection

If the inspector identifies a hazard during the walkaround, you have the right—and should immediately correct it if possible. OSHA often reduces or eliminates penalties for hazards corrected during the inspection.

What you should do:

• If the inspector points out a hazard, fix it on the spot if you can.
• Document the correction with photos and notes (time-stamped if possible).
• Inform the inspector that the hazard has been corrected and provide proof.
• This shows good faith and can significantly reduce citation severity.

Remember: Correcting a hazard during the inspection doesn't guarantee you won't be cited, but it dramatically improves your position.

6. You Have the Right to Participate in the Closing Conference

At the end of the inspection, OSHA will hold a closing conference to discuss findings. As a contractor, you have the right to attend and participate in this conference—even if the general contractor or site owner is also present.

What you should do:

• Attend the closing conference. Do not skip it.
• Take detailed notes on what the inspector says—especially any potential violations mentioned.
• Ask questions if you don't understand something, but don't argue or admit fault.
• If the inspector indicates violations, ask for specifics: which standard, what evidence, which employees or conditions.
• Politely note any disagreements, but save detailed rebuttals for the written citation response.

Critical: The closing conference is your first chance to understand what's coming. Don't waste it.

7. You Have the Right to Remain Silent (Fifth Amendment Protection)

Here's something most contractors don't know: No one is legally required to answer OSHA's questions. The Fifth Amendment protects you and your employees from self-incrimination. While OSHA can ask questions, you and your employees have the constitutional right to decline to answer.

What this means:

• You are not obligated to provide verbal statements that could incriminate you or your company.
• Employees can politely decline to answer questions without penalty.
• You can respond to questions with "I prefer not to answer that question" or "I'd like to consult with counsel before responding."
• OSHA cannot penalize you for exercising your Fifth Amendment rights.

Important Distinction: While you can refuse to answer questions, you must provide documents that OSHA is legally entitled to (like OSHA 300 logs, training records required by standards, etc.). Refusing to provide required documents is obstruction.

8. You Have the Right to Audio and Video Record the Entire Inspection

You have the legal right to audio and video record the entire OSHA inspection—including the opening conference, walkaround, employee interviews (if you're present), and closing conference. OSHA cannot prohibit recording unless it interferes with or obstructs the inspection.

Why you should record:

• Creates an indisputable record of what was said, observed, and documented
• Protects against mischaracterization of statements or conditions
• Provides critical evidence if you contest citations
• Ensures inspector statements are accurate and consistent
• Demonstrates professionalism and transparency

How to record properly:

• Inform the inspector at the opening conference: "We will be audio and video recording this inspection for documentation purposes."
• Use a smartphone, body camera, or handheld video camera—whatever is convenient and unobtrusive.
• Keep the recording continuous; don't stop and start selectively.
• Do NOT use recording equipment in a way that blocks the inspector's view or interferes with their work.
• Store recordings securely and treat them as privileged work product (consult with your attorney).

Pro Tip: If OSHA objects to recording, politely stand your ground: "We have the legal right to record for our records, and we will ensure it does not interfere with your inspection." If they persist, document their objection and contact your attorney immediately.