WHAT TO EXPECT DURING AN OSHA INSPECTION

The Occupational Safety and Health Administration (OSHA) is a regulatory agency of the Department of Labor. OSHA is committed to enforcing fair, effective safety and health requirements in the workplace to protect the well-being of employees. Official OSHA inspectors are often known as compliance safety and health officers (CSHOs) or compliance officers.

An OSHA inspection can happen without advance notice for businesses across various industries, causing uncertainty. However, understanding OSHA’s inspection process and how to prepare can significantly ease concerns and promote proactive workplace safety.

How Does OSHA Decide Whom to Inspect?

OSHA conducts thousands of workplace inspections annually. There are numerous reasons why they may assess a worksite, including:

Inspections Due to Complaints

Employee complaints are a common cause for OSHA inspections. Workers or unions can anonymously report unsafe conditions or regulatory violations directly to OSHA. Upon receiving a complaint, OSHA evaluates its credibility and urgency. Serious complaints typically prompt immediate on-site inspections.

Scheduled Inspections

OSHA routinely schedules inspections targeting industries known for higher safety risks, such as manufacturing and construction. These inspections are often unannounced and focus on specific hazards identified through industry trends or past incident data. Facilities with a history of noncompliance or repeated injuries are generally more likely to face regularly scheduled OSHA visits.

Inspections Prompted by Visible Hazards

OSHA compliance officers can stop by a worksite if they observe visible safety hazards or violations. For instance, if a safety officer notices an unprotected fall risk while passing your worksite, they can launch an inspection without prior notice.

Inspections Following Incidents or Injuries

Employers are legally required to promptly report severe workplace incidents to OSHA. They should report fatalities within eight hours and serious injuries such as hospitalizations, amputations or eye loss within 24 hours. OSHA prioritizes investigations following these reports to determine root causes and verify that the organization has taken corrective actions to prevent further harm.

Follow-Up Inspections

If an earlier inspection revealed violations, OSHA may conduct a follow-up to confirm you have made the necessary corrections. Failing to comply with previous citations may lead to steeper fines, repeat violations and even facility shutdown in severe cases.

Does OSHA Have to Give Notice?

In almost all cases, OSHA does not perform inspections with advanced notice. Still, employers do have the right to require all compliance officers to obtain and present an inspection warrant before entering a worksite. While most inspections are unannounced or considered random, there are four conditions when OSHA provides advanced inspection notice:

• Imminent danger: If a workplace poses an imminent or immediate threat to employees, OSHA may notify the organization that they plan to perform an inspection. OSHA often informs management in hopes that the company will immediately improve conditions and promote employee safety.
• After business hours: Another reason OSHA may provide advanced notice is if the inspection would occur after standard business hours or if special accommodations or preparations are needed.
• Absent management: OSHA may notify a company of an upcoming inspection if management or employee representatives may not be on-site without notice.
• Miscellaneous: OSHA may provide advanced notice for any other circumstances they deem fit. If OSHA believes a more comprehensive inspection would yield better results, they will likely provide advanced notice. One example may include a fatality investigation.

OSHA Inspection Checklist: The Scary 13

The “Scary 13” is a term that describes the common issues many employers may face or documents they may struggle to provide during OSHA inspections. These 13 elements are often difficult for an employer, making them essential to understand and prepare for. A firm understanding of the Scary 13 can help your company get ready for a potential OSHA inspection. These 13 elements include:

1. A comprehensive, up-to-date report of all chemicals used on the worksite
2. Training records for electrical safe practices and tasks
3. Training on personal protective equipment (PPE)
4. Up-to-date hazard communication education and training for employees working with chemicals currently on the jobsite
5. Yearly respirator training
6. Training on bloodborne pathogens
7. Forklift recertification
8. Training on noise exposure
9. Written personal protective equipment hazard assessment and certification
10. Tagout and lockout audits
11. Lockout-authorized employee training
12. Confined spaces non-permit certification
13. State workers’ compensation or temporary employees’ OSHA 301 report of injury

What Happens During an OSHA Inspection?

Here’s what you can expect from a typical OSHA inspection process:

Opening Conference

During the opening conference, the CSHO will introduce themselves, provide credentials to verify their identity and clearly outline the purpose and scope of the inspection. They will explain why OSHA chose to examine your facility, whether due to complaints, incidents or observed hazards. For instance, if an employee complaint is the cause, the compliance officer will provide the employer with a copy of the complaint with all personal or identifying information removed.

You can designate an employer representative to accompany the inspector throughout the inspection. Employees also have the right to select a representative who can join the walk-through. The inspector will typically request specific documents at this stage, such as safety training records and any relevant written safety procedures or policies.

Walk-Around Inspection

Following the opening conference, the CSHO will walk through the sections of the workplace that directly relate to the reason for the inspection, such as departments noted in direct employee complaints. The CSHO will assess the workplace and determine any potential dangers or hazards that may result in employee illness, injury or death.

The compliance officer will review worksite illness or injury records during the walk-around inspection. If there are apparent OSHA violations that the company can quickly address, they will likely mention these issues, allowing the employer to rectify the situation promptly. The law requires these hazards to be cited, but if an employer quickly and effectively corrects the problem, it often reflects well during the inspection.

Employee Interviews

The CSHO will conduct multiple confidential employee interviews during the inspection. The employer should designate a private area where the OSHA  inspector and employees can speak freely. In most cases, these interviews are quite quick and only take a few minutes. Employee interviews generally cover how long the employees have worked for the business and their types of training.

Employee interviews are designed to gauge the overall level of training and worksite education that the average company employee has. For the comfort of employees, they can answer these questions privately or opt to have a supervisor present. In some cases, a translator may be needed.

It’s important to note that employees must truthfully answer all questions during an OSHA inspection. Employees can also decline to answer a question anytime during the interview process.

For translation purposes, OSHA will provide the service via phone or headset to facilitate clear communication between the CSHO and the employee. All compliance officers try to minimize interruptions during the workday while still gathering the information they need for their inspection. All trade secrets a compliance officer observes during their inspection will remain confidential.

Closing Conference

The CSHO will conduct a closing conference with any representatives involved to close out an inspection. In most cases, the closing conference occurs anywhere from one to six weeks after the physical inspection and is often performed over the phone. During this conference, the officer will discuss their findings and explain any violations resulting in a fine or citation.

The compliance officer will also discuss corrective actions to implement and provide a reasonable timeline for when the company should make these improvements. They may also refer the employer to any relevant OSHA consultation services that may aid them in making workplace corrections and improvements.

Employers may qualify for OSHA’s quick-fix penalty reduction program if they promptly correct an issue, reducing the potential costs of a fine. However, not all violations fall under this program. OSHA deems fines and citations official once an area office review occurs and the employer is officially notified by certified mail.

How to Prepare for a Surprise OSHA Inspection

Preparing for a potential OSHA inspection can help you demonstrate your company’s commitment to health and safety to a compliance officer. Here are some effective strategies:

• Keep records organized and accessible: Ensure all safety protocols, training records, chemical inventories and injury reports are up to date and easily accessible. Accurate, organized documentation reflects proactive compliance and simplifies inspection processes.
• Conduct regular safety audits: Perform frequent internal safety audits that mirror OSHA’s inspection process to uncover potential hazards before they become a focus of an external inspection.
• Educate employees: Provide frequent safety training to minimize accidents at the worksite. It’s also prudent to train staff on what to expect during an OSHA visit, including how interviews work and their rights, so they’re well-prepared to interact with inspectors.
• Procure OSHA consulting services: Partnering with an experienced occupational safety and health compliance consultant, such as ALL4, is an effective way to prepare for an OSHA inspection. An ALL4 compliance consultant can help you understand what to expect during the process, clarify regulatory expectations and support your team in aligning operations with applicable compliance requirements.

ALL4 health and safety consultants and industrial hygienists work in various industries, including manufacturing, pharmaceutical, automobile, energy and federal defense agencies. Our experts help create effective site-specific strategies to minimize workplace injuries and accidents and manage and mitigate risk. Working directly with a safety and health compliance consultant can help you plan for an OSHA inspection, reducing the risk of expensive fines and citations.

Occupational Safety and Health Compliance Consultants

ALL4 can help your company get ready for a potential OSHA visit and implement the latest and most effective health and safety regulations. Our team of experts provides an objective and unbiased review of potential company issues and best practices to implement, including safety program development, compliance auditing and more.

Contact an OSHA expert today to ensure your business follows the latest safety and health regulations.