OSHA Inspection

Preparing for an OSHA Inspection 101

When it comes to OSHA inspections, preparation is critical. Figuring out what to do (and who should do it) only after an inspector arrives on site puts employers at an immediate—and often irreversible—disadvantage. Consider implementing these OSHA inspection best practices now, before a proverbial “knock on the door.” Fourth Amendment Rights Employers—just like people on the street and in their homes—are entitled to Fourth Amendment protection against unreasonable searches and seizures. An OSHA inspector therefore needs one of two things to proceed with an inspection,a warrant or your consent. Since an inspector will usually arrive without a warrant, the inspector will need your consent. This provides an opportunity (prior to consenting) to negotiate a reasonable scope and protocol for the inspection.

Some issues to discuss (and confirm) with the inspector prior to consenting may include any or all of the following: i) the claimed bases for the inspection (including any written complaints); ii) the type of inspection; iii) the inspection route to be taken; iv) the location and protocol for any employee interviews, including any “stop and talk” interviews; v) the protocol for any document demands and responses; vi) the duration of the inspection; vii) company representatives who will accompany the inspector; and viii) the establishment of a “staging area” to discuss any inspection-related issues that may arise during the inspection (for example, a conference room located away from the field). Also, absent OSHA having valid authority to conduct a wall-to-wall inspection, you should solely consent to a limited scope inspection and reserve your right to revoke that consent if the limited scope is exceeded at any time.

Keep in mind, however, that anything an inspector observes “in plain view,” even if outside the initial scope of an inspection, may form the basis of a citation—and broaden the scope of the inspection to the additional issues.

Also, employers generally have the right to delay an inspection for up to approximately one hour, pending a specific company officer or key employee (e.g., a site safety director) arriving on site. Do not hesitate to exercise this right.