Must the OSHA inspector actually see an unsafe work practice before he cites the employer for a violation?
Not necessarily. One inspector cited an employer,for allowing three men to work on a scaffold that had a maximum load capacity of 500 pounds. Only two men had been on the scaffold at the time the inspector was there. (One had been away on a coffee break.) Yet the Administrative Judge upheld the citation and the penalty of $600. There was enough evidence, he said, to prove that three employees had been using the scaf fold at one time and it wasn't necessary for the OSHA man to see it.