What to expect when you’re expecting… an OSHA inspection
Fun fact: not every OSHA inspection is an on-site inspection. If OSHA receives a complaint that is deemed lower priority, this can often be dealt with through phone/fax investigations. In this scenario OSHA outlines the following procedure: OSHA may telephone the employer to describe safety and health concerns, following up with a fax providing details on alleged safety and health hazards. The employer must respond in writing within five working days, identifying any problems found and noting corrective actions taken or planned. If the response is adequate and the complainant is satisfied with the response, OSHA generally will not conduct an on-site inspection.
If you require an on-site inspection, this consists of multiple parts including presentation of credentials, an opening conference, the walkaround and a closing conference.
Presentation of Credentials
Knock, knock, it’s your friendly OSHA inspector. Or is it? Any on-site inspection begins with the presentation of the compliance officer’s credentials, which include both a photograph and a serial number. Your designated inspection team can (and should) verify all compliance officers. This can be accomplished by calling the nearest federal or state OSHA office. Believe it or not, there are people who may attempt to impersonate government inspectors. They would likely attempt to collect a penalty at the time of the inspection, or promote the sale of a product or service during the inspection. Neither of these are allowed and both can be avoided by making a quick phone call.
Once you have greeted and verified the compliance officer, you are within your rights to confirm the reason for inspection. In Steve Stephenson’s article, “How to Pass an OSHA Inspection,” he reminds us to ask the important questions: Is it due to an employee complaint or is it a programmed inspection?
Be aware that OSHA often conducts inspections without advance notice. Employers have the right to require compliance officers to obtain an inspection warrant before entering the worksite, however Stephenson cautions us that “trying to delay an OSHA inspector until a more convenient date will raise suspicions and increase the likelihood of a more comprehensive inspection when they return.”
Opening Conference
During this portion of the visit the compliance officer will explain why OSHA selected the workplace for inspection if this wasn’t covered during the presentation of credentials. If the inspection was triggered by a complaint, a copy of the complaint or complaints may be requested. Note: employees can request that complaints remain anonymous.
The inspector will then go on to describe the scope of the inspection including walkaround procedures, and possible employee interviews. The latter can be conducted in private or with managers present depending on your employees’ preferences.
Prior to the walkaround/site inspection, the employer will select a representative or team of representatives to accompany the compliance officer during the inspection. I previously recommended that this individual or team be selected prior to an inspection so they are familiar with the process and responsibilities.
Walkaround/Site Inspection
Now it’s time for the fun part. The compliance officer and the representatives will walk through the portions of the workplace covered by the inspection, looking for hazards that could lead to employee injury or illness. With that said, an OSHA inspection isn’t limited to just one area. If the compliance officer sees a violation in open view, they may ask permission to expand the inspection beyond the location where a complaint, accident or fatality occurred. This means a site inspection intended for a portion of a facility may result in a much more extensive inspection of the entire location.
It is not uncommon for the compliance officer to take notes or photographs. It is also within the scope of their research to make video recordings; record instrument readings; examine records; collect air samples; measures noise levels; survey existing engineering controls; and monitor employee exposure to toxic fumes, gases, and dust. Your employee representative is free to take notes and photographs of their own and should be encouraged to pay attention to all things the OSHA representative notes. In this case it once again pays off to be overly thorough in the note taking department! Document as much of the OSHA visit as possible. Maybe you want to have one person responsible for answering questions, one for taking notes and a third for taking photographs.
In addition to a physical inspection of the site, the compliance officer will also want to review records and the official OSHA poster I previously mentioned. Of course, I know you will have all of these in order, right? While you deserve a pat on the back for your preparedness, it’s not necessary to hand over all your records at once; only provide documents upon the compliance officer’s request.
If interviews are conducted with employees, remind them to always answer OSHA inspector's questions truthfully. This goes for you too! This is not the case where snitches get stitches. In fact, you are likely in this situation to begin with because a hazard went unreported for too long. When in doubt, it’s okay to say, “I’ll check the facts and get back to you.”
According to OSHA, “compliance officers may point out some apparent violations that can be corrected immediately during a walkaround. While the law requires that these hazards must still be cited, prompt correction is a sign of good faith on the part of the employer.”
Closing Conference
Findings of the walkaround will be provided by the compliance officer during the closing conference. This will take place with the employer and the appointed employee representatives. At this time, the compliance officer will share information about any violations or unsafe or hazardous situations they observed along with possible courses of action an employer may take following an inspection. They will also discusses consultation services and employee rights.
If there are any violations that were not corrected during the walkaround that can be corrected before the compliance officer leaves, do this if possible! All other violations should be reviewed with the inspection team after the compliance officer leaves. Since I know you’ll have someone busily taking notes the whole visit, it shouldn’t be a problem to draft a letter to the inspector while the visit is still fresh in your team’s mind. Address all of the compliance officer’s concerns, and be sure to list any of the violations corrected during or immediately following the visit.
Judgement Day
Confession: Judgement Day is not an industry or OSHA term. It’s not really a part of the process. If you were found in violation of OSHA standards, OSHA may issue citations and fines. Fingers crossed that OSHA isn’t as organized as you will be going forward, but it’s unlikely. OSHA has six months to issue a citation and a proposed penalty. A citation will describe which OSHA requirements were allegedly violated, list any proposed penalties, and give a deadline for correcting the alleged hazards.
Violations have various categories of severity with different penalties. Your cooperation and fast action here is key. Penalties can be reduced, and employers have 15 working days after receipt of citations and proposed penalties to formally contest the alleged violations and/ or penalties by sending a written notice to the Area Director.
I hope this has made you feel a bit more confident about an otherwise intimidating process. But remember, this is for your safety!
For more information on OSHA inspections click here. Additional OSHA information can be found on their website: https://www.osha.gov/.