California Contractors Should Be Prepared for Coordinated Multi-Agency Jobsite Inspections
MEMBER BULLETIN
California Contractors Should Be Prepared for Coordinated Multi-Agency Jobsite Inspections
Roofing Contractors Association of Southern California has recently received a report of a California roofing contractor experiencing an unannounced jobsite inspection involving representatives from multiple state agencies, including the Contractors State License Board (CSLB), Employment Development Department (EDD), Department of Industrial Relations and Cal/OSHA.
While the circumstances may seem unusual, coordinated inspections by California agencies are not new. California's Labor Enforcement Task Force (LETF) brings together several state enforcement agencies, including Cal/OSHA, the Labor Commissioner, EDD and CSLB. These agencies share information and may conduct joint inspections designed to identify violations involving licensing, payroll, wages, worker classification, workplace safety and other employment requirements.
During the recently reported inspection, employees were questioned extensively about subjects including:
- Meal and rest breaks;
- Overtime and sick leave;
- Cash payments;
- Pay stubs and payroll practices;
- When employees begin and end their workday;
- Travel time and use of personal vehicles;
- Safety and CPR training;
- Fall protection and other safety practices; and
- Required safety programs, training records and meeting documentation.
The agencies also followed up with requests that the contractor produce additional employment, payroll and safety records.
What Contractors Should Do Now
The takeaway for RCASC members is preparedness. Contractors should assume that an inspector arriving at a jobsite may look beyond the condition that initially attracted the agency's attention. A multi-agency inspection can quickly expand into a review of wage-and-hour practices, payroll records, worker classification, licensing and workplace safety.
RCASC recommends that contractors:
- Review jobsite safety compliance. Confirm required fall protection, PPE, training, Injury and Illness Prevention Program requirements and other Cal/OSHA documentation are current and available as required.
- Audit wage-and-hour practices. Review meal and rest periods, overtime, paid sick leave, timekeeping, reporting time, travel time and employee reimbursement practices.
- Review payroll and worker classification. Confirm payroll reporting is accurate and that employees and independent contractors are properly classified.
- Train supervisors on inspections. Foremen and supervisors should know who to contact immediately when an investigator arrives and should understand the company's inspection-response procedures.
- Prepare employees. Employees should answer government investigators truthfully. They should not guess, speculate or provide information they do not know.
- Designate a management contact. Contractors should have a specific management representative responsible for responding to government inspections and coordinating with legal counsel when appropriate.
- Document the inspection. Record the agencies involved, inspector names, documents requested, areas inspected, employees interviewed and the general subjects discussed.
- Take document requests seriously. Agencies may request substantial payroll, personnel and safety documentation after leaving the site. Review significant requests promptly and determine applicable deadlines and the appropriate scope of the response.
Bottom Line
California contractors should recognize that coordinated enforcement is part of the state's existing enforcement structure. An otherwise routine jobsite visit can result in several agencies examining different aspects of a contractor's operations at the same time.
The best defense is preparation. Contractors that maintain strong safety programs, accurate payroll and timekeeping records, compliant employment practices and a clear inspection-response protocol will be in a substantially better position when inspectors arrive.
RCASC will continue monitoring California enforcement activity and will advise members of any significant changes or identifiable increase in coordinated construction-industry inspections.
This bulletin is provided for general informational purposes and does not constitute legal advice. Contractors facing an inspection, citation, audit or formal document request should consult qualified counsel regarding the specific circumstances.