If an Occupational Safety and Health Administration inspector showed up at your jobsite today, would your team know what to do? Perhaps more importantly, would they know what not to do?
An OSHA inspection can move quickly. Preparing your supervisors and employees before an inspector arrives can help you respond professionally and avoid preventable mistakes.
Do you have to let the inspector in?
No, not automatically. You may ask the inspector to wait while you verify credentials, contact the appropriate company representative, and determine whether a warrant is required.
Can you request an inspection warrant?
You can require OSHA to get a warrant unless an exception applies (you consent, it’s a plain-view violation, or exigent circumstances exist). Refusing without a warrant is legal, but OSHA can typically get one within days, and the refusal gets reported to the Area Director and may trigger legal action.
Can you inspect the officer’s credentials?
Yes. OSHA compliance officers are required to present their credentials to the owner, operator, or person in charge. Verify the inspector’s identity before proceeding.
Can you ask what prompted the visit?
Yes. During the opening conference, ask why OSHA is there and what the intended scope of the inspection will be. The visit could result from a complaint, referral, reported incident, programmed inspection, or observed hazard.
Can OSHA review your records?
Yes. OSHA may request relevant injury and illness records, safety programs, training documentation, hazard assessments, and other records connected to the inspection. Provide only the records requested, keep copies of everything provided, and have counsel review broader or unusual requests when appropriate.
Can someone accompany the inspector?
Yes. Designate a knowledgeable management representative to accompany the inspector throughout the walkaround. Take notes and photograph or document the same conditions the inspector documents.
Can OSHA interview employees?
Yes. OSHA may interview employees privately. Do not coach employees, instruct them what to say, interfere with interviews, or retaliate against anyone who speaks with the inspector.
Should hazards be corrected during the inspection?
Correct imminent dangers immediately when it is safe to do so, but do not conceal, destroy, move, or alter evidence. Document any corrective action taken.
Who should be notified?
Your response plan should identify the company representative, safety professional, legal counsel, insurance advisor, and other individuals who need to be contacted.
The worst time to create an OSHA response plan is when an inspector is standing at the gate. Make sure supervisors know whom to call, what information to provide, and how to protect both employees and the company.
Because inspection rights can vary based on the circumstances and whether your state operates its own OSHA-approved plan, seek qualified legal guidance for your specific situation.
Need more information?
If you have any questions or need further information, please let us know.
