OSHA Inspection Protocol
By: Kristi VanSoest
OSHA is here. Now what? A question each company, contractor and employee asks themselves when they hear the news. What would you do? How would you handle the inspection process? We will discuss some of the key points to an OSHA inspection and how the employees on-site should respond.
Every year OSHA inspects tens of thousands of workplaces from coast to coast. It is unlikely that you will know when OSHA will be visiting and it is always best to be prepared. Being prepared for an OSHA inspection involves preparing your supervisors and employees to act confidently and correctly. Here are some of the key items everyone should know about inspections.
There are several possible reasons why OSHA might be on-site:
- Somebody has made a complaint about worksite safety or health--perhaps a current or former employee, or perhaps even a resident from the community who is worried about hazardous materials or some other safety or health hazard that could affect the area surrounding your company.
- A fatality has occurred in your facility.
- It's a regularly scheduled inspection. This is most likely if you are in a high-hazard industry. Thousands of high-hazard worksites are targeted for unannounced, comprehensive safety and health inspections every year.
- It's a follow-up visit, perhaps to determine if prior violations have been corrected.
Most inspections are the result of employee complaints. The compliance officer or inspector should provide the employer with a copy of the specific complaint(s). The employee's name will not appear on the document. Do not comment about the reason for the complaint or about the party who may have made the complaint. Employees who have registered safety complaints or instituted any proceeding under the OSH Act are protected from discrimination or retaliation by their employer.
How is the inspection conducted?
The agenda for OSHA inspections are generally pretty standard and include five basic steps:
- When inspector shows up, the first thing they do is present their credentials to the facility manager. Although companies have the right to require a warrant at this point, most prefer not to take a confrontational stance and simply invite the inspectors to enter the facility.
- During a brief opening conference with members of management and employee representatives, compliance officers explain the nature and purpose of the inspection and indicate the scope of the inspection and the records they wish to review. If the inspection was triggered by an employee complaint, the inspectors will provide a copy of the complaint, but not the employee's name.
- The inspector will then ask to examine the OSHA 300 Log and other accident and illness reports. They might also ask to see such things as a copy of your hazard communication program, lockout/tagout procedures, or fire safety programs. They'll also check to make sure that OSHA safety and health posters are appropriately displayed.
- During the walk around inspection, inspector will look for violations of specific OSHA regulations. They will probably want to talk to employees and supervisors--and they have that right. Employees also have the right to talk to OSHA inspectors.
- The inspection wraps up with a closing conference during which the inspector reviews any violations and discusses possible methods and timetables for correction. The inspector will describe the company's rights and responsibilities and answer any questions at this time. They'll also explain that violations could result in a citation and fines.
During the course of an OSHA inspection you should stay with the inspector and accompany him or her at all times.
Do not volunteer information. Take notes on all observations an inspector makes, particularly departments or equipment inspected, approximate times spent in various areas and the individuals who were interviewed.
OSHA compliance officers are authorized to review relevant employer records during inspections. Relevant records include those required to be kept by the employer under the OSHA Act and OSHA standards or regulations. Provide only those records specifically requested. If OSHA requests a copy of a record or document, make additional copies to keep with your OSHA inspection file. Keep a record of the documents provided to, or reviewed by, the inspector. Duplicate all pictures that OSHA takes and if OSHA takes a picture of a violation, take pictures of similar areas which show no violation. This might come in handy during the latter stages of the OSHA process. Repair or correct any violations immediately. This demonstrates good faith and may prevent a citation.