search
cart
facebook twitter linkedin youtube instagram Spotify Podcasts Apple Podcasts Spotify Podcasts Apple Podcasts
  • Sign In
  • Create Account
  • Sign Out
  • My Account
  • NEWS
  • TOPICS
    • Cool Roofing
    • Event News
    • Latinos in Roofing
    • Low Slope
    • Legal
    • Metal
    • Project Profiles
    • Roofing Supply Pro
    • Roofing Safety
    • Steep Slope
    • Sustainable Roofing
    • Technology
  • EXCLUSIVES
    • Best of Success
    • Contractor Profile
    • IRE Show
    • Roofing Contractor of the Year
      • Enter Roofing Contractor of the Year
    • Top 100
      • Enter the Top 100
    • Young Guns
    • State of the Industry
    • Century Club
  • MULTIMEDIA
    • Videos
    • Podcasts
    • Interactive Spotlights
    • Roofing Quizzes
    • IRE Videos
    • Webinars
    • Photo Galleries
  • PRODUCTS
    • New Products
    • Featured Products
  • COLUMNS
    • Editor's Note
    • Exit Planning
    • Legally Speaking
    • Safety Advice
    • Technical Details
    • Guest Column
  • EVENTS
    • International Roofing Expo
    • Webinars
    • Best of Success Conference
    • Industry Events
  • DIRECTORY
    • Associations
    • Distributors
    • Manufacturer/Supplier
    • Business Services
    • Get Listed
  • MORE
    • Roofing Contractor eNews
    • RC Store
    • Roofing Supply Pro
    • Custom Content & Marketing Services
    • Market Research
    • Sponsor Insights
    • Company Spotlights
    • Classifieds
      • Auctions
      • Business For Sale
      • Business Opportunities
      • Equipment For Sale
      • Positions Available
      • Products
      • Safety
      • Software
      • Services
      • Training
    • Contact Us
  • EMAGAZINE
    • eMagazine
    • Advertise
      • Media Kit
      • Editorial Calendar
      • Contact
    • Archive Issues
  • SIGN UP!

King's Corner: OSHA's Hit List

By Chris King
October 26, 2009
Attorney Doug Ehlke urged attendees of Roofing Contractor’s Best of Success conference to make sure they understand their rights when it comes to dealing with OSHA. “You’re number four on the hit list of OSHA,” said Ehlke, owner of Ehlke Law Offices in Federal Way, Wash. He dispensed some tips on dealing with OSHA in the event of an accident on the jobsite and detailed the elements of the unpreventable employee misconduct defense.



Attorney Doug Ehlke urged attendees of Roofing Contractor’s Best of Success conference to make sure they understand their rights when it comes to dealing with OSHA. “You’re number four on the hit list of OSHA,” said Ehlke, owner of Ehlke Law Offices in Federal Way, Wash. He dispensed some tips on dealing with OSHA in the event of an accident on the jobsite and detailed the elements of the unpreventable employee misconduct defense.

According to Ehlke, the employee misconduct defense is designed to identify “isolated and unpredictable behavior by employees that the employer would not be expected to know of, even with the exercise of due diligence.”

In the event of a citation, OSHA must prove that there is an applicable standard for the situation, employee exposure, and employer knowledge. There are four elements to the employer’s defense, said Ehlke, and the employer must prove all four:

1. The employer must have established work rules.

2. Work rules must be adequately communicated to employees.

3. The employer must take steps to discover violations.

4. The employer must enforce the rules in a manner that is effective in practice.

“You must train your employees - supervisors too - and quiz them on it,” said Ehlke. He suggested that jobsites be periodically checked and monitored, and that visits should be documented with photos. Photos should show workers following applicable standards and work rules and be dated and timed. “Pictures win cases,” he said.

“It’s important that employers know their rights,” said Ehlke.

“How can you protect yourself if you don’t know what to look for?”

OSHA’s rights include the right to conduct an inspection, either with consent or a search warrant. They have the right to use a video camera, but cannot record voices without notice and consent. “Don’t let them,” advised Ehlke.

Employers and employees have the right to have a lawyer present for the walkaround, conferences, interviews, and testimony. They have a right to reasonableness of the agency’s demands and the right to be prepared.

In the event of a problem, when should contractors get their lawyer involved? “Immediately,” said Ehlke, “especially where repeat or willful citations may be anticipated and the inspection follows an accident, fatality or employee complaint.”

Share This Story

Chris King is editor of Roofing Contractor. He can be reached at 248-244-6497.
You must login or register in order to post a comment.

Report Abusive Comment

Blog Topics

Damato of the Day

Guest Blog

Recent Comments

It's fascinating to see how virtual trade shows...

This update is a game-changer for flat...

This is a timely conversation for residential...

Safety is No1

high quality materials

Subscribe For Free!
  • eMagazine Subscription
  • Sign Up for the eNewsletter
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Roofing Contractor audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Roofing Contractor or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Snow Guard Solutions for Metal Roofs by S-5!
    Sponsored byS-5!

    Safeguard Your Building: How Snow Guards Prevent Costly Roof & Property Damage

  • A hand holding a wooden block that reads 'EVOLVE'
    Sponsored byWatercress Financial

    Embracing Change: A New Era for the Roofing Industry

Popular Stories

QXO closed its acquisition of Beacon Building Supply on April 29, 2025.

QXO Closes Beacon Acquisition, Rebrands Immediately; Jacobs to Ring NYSE Bell

Dear Anna Podcast Lead Generation Optimization featuring Anna Anderson

Dear Anna: How Can I Optimize Lead Generation?

hourglass-with-blue-sand-black-background

QXO Extends Offer to Acquire Beacon Once More Before Closing Deal

Roofing Contractor Webinar

Events

May 22, 2025

Remote Teams 101: The New Way to Hire

Our industry experts will guide you through what remote hiring and outsourcing should look like, how it can help you grow, and why it’s easier (and less scary) than you might think. If you want to save time, find great talent, and grow your business, this is one session you don’t want to miss!

December 3, 2025

The Premier Roofing Conference: Best of Success

Join roofing professionals from across the nation at the 2025 Best of Success conference, the ultimate destination for roofing professionals seeking the latest industry insights and networking opportunities. Pick up strategies for critical challenges like workforce shortage with innovative solutions, explore the latest advancements in roofing technology and sustainable practices, and gain valuable insights from industry leaders on navigating the evolving roofing landscape.

View All Submit An Event
×

Be in the forefront of the roofing industry!

Join thousands of professionals today. Shouldn’t you know what they know?

JOIN NOW!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • YouTube
    • X
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing