What are the do's and don'ts when it comes to OSHA visits? Make sure to have a safety meeting on this topic at least once a year so your employees are prepared.
An OSHA inspection can occur with little or no advance notice. The inspection may involve the entire workplace or focus on specific operations, hazards, records, or conditions. Knowing what to expect can help supervisors and employees respond professionally and avoid confusion when OSHA arrives.
Employers should establish procedures for handling an OSHA visit before an inspection occurs. Supervisors and managers should know who to contact, who is authorized to represent the employer, where required safety records are maintained, and what their responsibilities are during an inspection.
Employees should also understand that they may be asked questions about workplace conditions and safety practices.
OSHA inspectors are officially known as Compliance Safety and Health Officers (CSHOs). Depending on the inspection, a Compliance Officer may focus on safety hazards, health hazards, or both.
Reasons for OSHA Inspections
OSHA does not simply select workplaces at random. The agency uses inspection priorities to focus its resources on situations where workers may face serious hazards. OSHA’s highest inspection priority is imminent danger, followed by fatalities and catastrophes, complaints and referrals, programmed inspections, and follow-up inspections.
OSHA Standard 1926.3(a)(1) states that any authorized representative shall have a right of entry to any site of contract performance … to inspect or investigate the matter of compliance with the safety and health standards…
Why OSHA may select a company for inspection, in order of priority:
Imminent Danger: Conditions where workers face an immediate risk of death or serious physical harm receive OSHA’s highest inspection priority.
Fatal or Catastrophic Accidents: Employers must report a work-related fatality to OSHA within eight hours. A work-related in-patient hospitalization, amputation, or loss of an eye must generally be reported within 24 hours. OSHA determines whether a report will result in an inspection or another type of investigation.
Employee Complaints: Workers or their representatives may contact OSHA about unsafe or unhealthy workplace conditions. Complaints and referrals can lead to an inspection depending on the circumstances.
Programmed Inspections: OSHA conducts planned inspections targeting certain high-hazard industries, workplaces, or operations.
Special Emphasis Programs: National, regional, and local emphasis programs allow OSHA to focus enforcement resources on particular hazards or industries.
Follow-up Inspections: OSHA may return to determine whether previously cited violations have been corrected.
What to Do When OSHA Arrives
When an OSHA Compliance Officer arrives, employees should know who needs to be notified. The employer’s designated representative should meet with the Compliance Officer and coordinate the employer’s participation in the inspection.
A basic response procedure should include:
- Notify the person responsible for the site, such as the supervisor, manager, project superintendent or owner.
- Request identification, write down the Compliance Officer's name and ID number, and ask which area office they represent.
- The purpose of the inspection should be stated by the Compliance Officer before or during an opening conference at the beginning of the visit.
- A manager should escort the Compliance Officer at all times.
- During the walk-around inspection, the Compliance Officer is permitted to take notes and photographs and shall comply with the safety and health rules required at the job site.
- Employees may be interviewed or written statements may be requested.
- A company representative should take notes and photos of all inspection activities.
- A closing conference will be arranged to allow the Compliance Officer to review any violations observed and refer to applicable OSHA standards.
- Instructions on follow-up procedures will be provided at the end of the inspection.
The Opening Conference
An OSHA inspection normally begins with an opening conference. The Compliance Officer will explain the purpose of the inspection and generally outline its scope.
During the opening conference, OSHA may discuss why the workplace was selected, the areas or operations that will be inspected, records that may be reviewed, employee interviews, and employer and employee rights during the inspection.
This is also an opportunity for the employer representative to understand the expected scope of the inspection and identify any workplace-specific safety requirements that apply to visitors.
The Compliance Officer should comply with applicable workplace safety and health rules, including required PPE.
The Walkaround Inspection
Following the opening conference, the Compliance Officer may conduct a physical inspection of the workplace.
An employer representative generally has the opportunity to accompany the Compliance Officer during the walkaround. Employees also have a right to an authorized walkaround representative. OSHA’s current rules allow that employee representative, under specified circumstances, to be either an employee or a third party.
During the walkaround, the Compliance Officer may:
- Observe work practices and workplace conditions.
- Examine equipment, machinery, materials, and work areas.
- Take photographs or video.
- Take measurements or conduct exposure monitoring.
- Review applicable records or documents.
- Speak with employees and supervisors.
- Identify conditions that may violate OSHA requirements.
The employer representative should document the inspection as appropriate. If OSHA photographs or measures a condition, the employer may want to document the same condition so there is an accurate company record of what was observed.
The scope of an inspection can also expand. OSHA’s Field Operations Manual states that during a partial inspection, the Compliance Officer may seek to expand the inspection if records, conditions in plain view, employee interviews, or other evidence indicate possible violations elsewhere in the workplace.
Correct Hazards When Possible
If a hazardous condition is discovered during an inspection and can be safely corrected immediately, correct the condition.
Prompt correction demonstrates attention to employee safety and can prevent workers from continuing to be exposed to the hazard. However, correcting a condition during an inspection does not necessarily prevent OSHA from issuing a citation for a violation that existed when the Compliance Officer observed it.
Document corrective actions taken during the inspection and any additional steps that still need to be completed.
Never create another hazard by rushing to make a correction while work is underway.
Employee Interviews
Employee interviews are an important part of OSHA inspections. Compliance Officers have authority to question employees privately during an inspection, and OSHA uses employee interviews to gather information about workplace conditions and safety practices.
Employers should not coach employees on what to say or discourage them from speaking with OSHA.
Management generally cannot require a company representative to be present during a private interview with a non-managerial employee. OSHA specifically identifies attempts by management to be present during private interviews as interference with the Compliance Officer’s ability to conduct those interviews.
What to Do During an OSHA Inspection
Everyone involved in the inspection should remain professional and cooperative.
During an OSHA inspection, the following practices can help the inspection proceed professionally and efficiently:
- Answer questions truthfully and provide accurate information.
- If you do not know the answer to a question, say so rather than guessing or speculating.
- Remain professional and cooperative throughout the inspection.
- Take notes about the inspection and document conditions that OSHA photographs, measures, or discusses.
- Correct hazards promptly when corrections can be made safely.
- Continue following normal workplace safety procedures during the inspection.
- Make sure required PPE is worn when entering designated work areas.
During an OSHA inspection, certain actions can interfere with the process and should be avoided:
- Do not lie, provide false information, or attempt to hide workplace hazards.
- Do not destroy, alter, conceal, or fabricate records or other information.
- Do not become argumentative or confrontational with the Compliance Officer.
- Do not interfere with private employee interviews or attempt to influence what employees tell OSHA.
- Do not volunteer guesses, assumptions, or information you are not certain about.
- Do not make unnecessary admissions or speculate about why an incident, condition, or violation occurred.
- Do not change normal work practices simply to make conditions appear different during the inspection.
The goal should be to provide accurate information and cooperate with the inspection without guessing or creating unnecessary confusion.
The Closing Conference
At the conclusion of the inspection, OSHA normally conducts a closing conference with the employer. The Compliance Officer will discuss apparent violations and other findings from the inspection.
The closing conference may include discussion of applicable OSHA standards, possible corrective actions, potential citations, and anticipated abatement requirements. However, the Compliance Officer does not make the final determination about whether citations will be issued. OSHA’s Area Director reviews the inspection findings and determines whether citations and penalties are appropriate.
Employers should use the closing conference to make sure they understand the conditions discussed and ask questions about the next steps.
FAQs About OSHA Inspections
Employers and employees often have questions about their rights and responsibilities during an OSHA inspection. Understanding how entry, employee interviews, PPE requirements, citations, and other parts of the inspection process are handled can help everyone know what to expect if OSHA arrives at the workplace.
What Happens After an OSHA Inspection?
An inspection does not automatically mean that an employer will receive a citation.
If OSHA determines that standards or requirements were violated, the employer may receive a citation describing the violation, the OSHA provision involved, the proposed penalty when applicable, and the deadline for correcting the hazard.
Employers have rights after receiving an OSHA citation, including procedures for discussing or contesting citations, proposed penalties, and abatement dates.
Any required corrective actions should be completed and documented within the required timeframe.
Can an Employer Refuse an OSHA Inspection?
An employer can generally require OSHA to obtain an inspection warrant rather than consent to an inspection. If entry is refused, the Compliance Officer follows OSHA procedures, which may include seeking a warrant. OSHA regulations specifically address employer objections to entry or inspection.
Whether to require a warrant is an important legal decision and should be handled according to the employer’s established procedures and, when appropriate, with advice from legal counsel.
For that reason, a foreman or other employee who has not been authorized to make that decision should not independently refuse OSHA entry. The employee should contact the person designated by the company to handle OSHA inspections.
Does an OSHA Compliance Officer Need a Warrant?
Not necessarily. OSHA may conduct an inspection with the employer’s consent without a warrant.
If an employer does not consent to the inspection, OSHA generally may seek an inspection warrant. The U.S. Supreme Court established the warrant requirement for nonconsensual OSHA inspections, subject to recognized exceptions.
Can an Employee Refuse to Be Interviewed?
OSHA’s current Field Operations Manual recognizes that an employee may refuse to be interviewed. If that occurs, the Compliance Officer determines how to proceed based on the circumstances.
Employees who agree to an interview should answer questions truthfully and should not be pressured, coached, or retaliated against for participating in an OSHA inspection.
Does the OSHA Compliance Officer Have to Wear Required PPE?
Yes. Compliance Officers are expected to comply with applicable safety and health requirements while conducting inspections.
If hard hats, safety glasses, hearing protection, high-visibility clothing, fall protection, or other PPE is required for the area being inspected, appropriate protection should be addressed before entering the area.
What Happens if OSHA Issues a Citation?
If OSHA identifies a violation, the agency may issue a citation identifying the violated requirement, establish a deadline for correcting the hazard, and propose a monetary penalty when applicable.
A citation does not automatically require the employer to create a “corrective and preventive action plan,” as the original article states. OSHA instead specifies abatement requirements based on the violation and circumstances. Employers also have procedures available for discussing or formally contesting citations, penalties, or abatement dates.
Be Prepared Before OSHA Arrives
The best time to prepare for an OSHA inspection is before a Compliance Officer arrives.
Employers should decide who will manage an OSHA visit, make sure supervisors know whom to contact, maintain required records, routinely inspect the workplace for hazards, correct identified problems, and make sure employees understand their safety responsibilities.
Employees do not need to memorize the OSHA inspection process, but they should know what to do if a Compliance Officer arrives and understand that they are expected to cooperate and answer questions truthfully.
A workplace that is prepared for an OSHA visit should also be a workplace that is prepared to identify and correct hazards every day.
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