OSHA Defense

OSHA Directive CPL 02-00-098

Guidelines for Case File Documentation for use with Videotapes and Audiotapes

OSHA has utilized cameras in their on-site inspections since 1998.  Job-site supervisors, as well as on-site laborers, should be aware of the policies and rules OSHA has in place regarding the use of video and audio recording equipment. It is best to be prepared for a visit by an OSHA representative and have an on-site representative appointed to lead the walkaround who has knowledge of these policies and rules.

• The CSHO is not authorized to use any videotape or audiotape in security clearance areas unless the CHSO is specifically authorized.
• The CSHO shall mention during the opening conference that a video or audio recorder will be used.
• The CSHO shall advise the walkaround representatives that the video camera records voice.
• The CSHO shall give a specific notification to employees within audio range that a video camera is being used.
• A refusal to allow videotaping during an inspection can be treated as a refusal of entry by the CSHO.
• The CSHO may not stage or have employees reenact exposure to hazards for the purpose of videotaping evidence, but may have participants engage in reenactments that are not dangerous.
• Interview statements may be videotaped or audiotaped only with the consent of the person being interviewed.

In conclusion, as the on-site representative you have virtually no right to reject to the use of video or audiotape recording. However, other on-site employees can refuse to be recorded by video or audio recording equipment. As always, an employee can always request the counsel of an attorney before answering any questions posed by the CSHO.

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.