What to Expect from an OSHA Inspection

An OSHA compliance officer could arrive for an unannounced inspection at your facility at any time. Employers need to know what is likely to result in an inspection, what to do in advance to be prepared, what to do during an inspection, what rights you have as the employer representative for The Company, and what to do if any citations and proposed fines are received because of an OSHA inspection. 

What Prompts an OSHA Inspection? 

A common driver of inspection activity is the requirement for employers to report a fatality within 8 hours or amputations, loss of an eye, or in-patient hospitalization within 24 hours.  Complaints made by an employee, or an employee representative may also result in an inspection.   

National and Local Emphasis Programs for specific industries or hazards can also result in inspection activity.  Sites selected for these inspections are selected at random via NAICS code.  These types of emphasis programs are routinely updated, or new emphasis programs developed, so being familiar with what could apply to your industry is helpful for preparation.

Above all, OSHA must have a reason to conduct an inspection and the employer may ask if the inspection is related to a complaint or national emphasis program if OSHA arrives on site unexpectedly.  

OSHA’s Right to Inspect 

OSHA has rather broad powers under the Occupational Safety & Health Act to conduct inspections. The Act allows OSHA  “to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment, and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein; to question privately any employer, owner, operator, agent or employee; and to review records required by the Act and regulations published in this chapter, and other records which are directly related to the purpose of the inspection.” 

An employer does have a right to refuse to allow an OSHA compliance officer entry and to require that they obtain a warrant. However, it is not recommended to exercise this right without cause as it is contributory to an adversarial relationship. 

How to Prepare for an OSHA Inspection

Being prepared for an OSHA inspection is beneficial to employers so that if an inspection occurs you are adequately prepared for how inspections are conducted and document requests. Above all, ensure that management, supervisory, and hourly associates cooperate with the compliance officer and tell the truth when questions are asked. 

To prepare in advance perform the following:

• Make sure all managers and supervisors know what to do in the event of an OSHA inspection and know where OSHA documentation and records are located. 
• Have OSHA Injury/Illness logs readily available for the past 5 years as well as this year’s log kept up to date. 
• Have all the required written safety programs in place and readily available. 
• Conduct all required safety training and have documentation to prove it.
• Perform frequent and regular inspections of the site or facility to correct any potential hazards identified.

What to Do When OSHA Arrives

Greet the Compliance Officer and take him/her to a conference room, job trailer, or other meeting space. Ask the following questions:

1. Ask to see the Compliance Officer’s official credentials.
2. Ask the compliance officer the nature of the inspection.
3. If it is a complaint investigation ask the compliance officer for a copy of the complaint.
4. Tell the compliance officer that “It is the policy of The Company to cooperate 100% with OSHA, and advise if there are specific company representatives that must be present for the opening conference.
5. If you have corporate or outside counsel that must be informed of the compliance officer’s presence, advise the compliance officer that you must do so. 
6. If the compliance officer begins to ask questions, politely advise that company policy requires designated representatives to be present and you must wait for their arrival.

Once the designated company representatives have arrived, the compliance officer will perform the opening conference where he/she will discuss the reason and anticipated scope of the inspection.  Take notes during the opening conference to identify any areas of opportunity that may be corrected during the inspection as doing so demonstrates a good-faith effort to comply with OSHA requirements. 

When beginning the inspection and the compliance officer is interested in a specific work area, take him/her to the location in question by the most direct route. The compliance officer has a right to expand the inspection into other areas if hazards or unsafe practices are observed while the inspection is underway. They will advise of their ability to include items that are observed in plain view during the inspection, even if those hazards are unrelated to the reason for their visit.  

Accompany the compliance officer on the inspection and include Union or employee representatives if they are requested by the compliance officer. Take notes and photographs of everything that is discussed and any potential violations the compliance officer points out. This will facilitate timely correction of any potential hazard and demonstrates to OSHA that you are working to achieve compliance with regulations.

When answering questions, do not elaborate more than is necessary, keep answers simple and stick to the facts.  Many employers feel that an OSHA inspection reflects poorly on them or makes them bad people, but keep in mind the compliance officer is on a fact-finding mission. Do not provide copies of safety rules, minutes of safety committee meetings, safety inspection records, or other such internal documents unless they are specifically requested. A formal document request will be sent by the compliance officer via email within a few days of the inspection.  

Compliance officers will interview both management and hourly personnel.  The employer is not permitted to attend interviews for hourly staff, but the associate can request the presence of a Union representative or other designated employee representative for these interviews.  If your employees require a translator, they are permitted to select a translator of their own choosing.  While some compliance officers may profess to be proficient in languages such as Spanish, regional dialects may not permit comprehension of all the compliance officer’s questions. The employer may have a representative present for the interviews of management personnel if they desire. 

At the completion of the inspection the compliance officer will perform a closing conference. At this time, they will informally advise of any apparent safety or health violations identified during the inspection. Take notes during this process to address any concerns that remain outstanding. The OSHA Citation packet will likely arrive within a few days of the closing conference.  Employers can schedule an Informal Conference with the Area Director to discuss any penalties received and ask for additional time for abatement to be completed if necessary. It is recommended to be supported by competent OSHA representation at the Informal Conference.

Summary 

While OSHA inspections can be a stressful experience, being prepared for how the inspections are conducted and what is typical is beneficial for all personnel.  Remember that OSHA has the same goal that you do as an employer, ensuring that your employees are safe at work.

Tags: OSHA, OSHA Inspection, OSHA Standards