Managing an OSHA Inspection

Throughout the first half of 2023, OSHA signaled to employers that enforcement is an agency priority and that it will use a full range of mechanisms to hold employers accountable for workplace health and safety violations. Over 111,500 inspections have been conducted by OSHA through the end of July 2023.  In 2022, over half of OSHA inspections were unprogrammed inspections (inspections resulting from an employee complaint, referral, report of accident or incident, fatalities and are usually conducted without any prior knowledge of the employer). In addition, the number of OSHA compliance officers grew 19% in fiscal year 2022, ending several years of minimal growth or losses. The agency is increasing its inspections and enforcement actions across industries while churning out significant new proposed rules and emphasis programs. With OSHA’s increased activity, employers must focus on compliance with workplace standards, preparing for inspections, and anticipating other OSHA actions.

Are You Prepared?

An OSHA inspector arrives at your door, unannounced, and wants to conduct an inspection of your workplace. What do you do?  The key to surviving an OSHA inspection is to have a process in place that assures that your organization is prepared for expected and unforeseen things that can unfold.

Your first step in preparing for OSHA is to designate a company contact to accompany the OSHA inspector throughout their visit to your facility. The point of contact should be someone who can readily answer the inspector’s questions about the company’s safety programs, training records, and operations. Make sure everyone in the company knows who should be contacted when an OSHA inspector arrives, especially the receptionist or front desk personnel.

Another important step is to create a culture of safety.  Managers and supervisors should regularly communicate with employees about workplace safety and reinforce positive behaviors.  Conduct regular inspections of your facilities and make sure you are in compliance with applicable regulations. Observe your employees and make sure they are following safe work practices. Empower workers to speak up if they see an unsafe practice or safety hazard so a correction can be made.  Address any issues right away to employees see that their safety is of the utmost importance to the company.  Ensure you are maintaining proper recordkeeping and have proper documentation readily available. This includes injury/illness logs, training records and OSHA-required written safety plans and programs.

What is OSHA Looking for?

Inspectors will be looking for violations of OSHA standards. Exactly what kinds of violations depend on the nature of your operations and the particular hazards of your workplace. Inspections can cover pretty much your whole facility, or they can be limited to certain areas, operations, conditions, or practices. But remember, a limited inspection can always be expanded, depending on what inspectors find once they get inside.

OSHA also creates National, Regional, and Local Emphasis Programs which drive programmed inspections including how an inspection target lists are compiled, ordered, and randomized.

OSHA provides an Inspection Fact Sheet to better understand their goals for a safety inspection and explains how this sort of thing happens and why at https://www.osha.gov/sites/default/files/publications/factsheet-inspections.pdf.

Here are some of the dos and don’ts to help manage an inspection.

Do

• Ask for credentials

• Ask what the nature of the inspection is and if the inspector has a written complaint, ask to see it and make a copy it for your records

• Contact ACS (800-55-HELPS/800-554-3577);
  ask the inspector if they can wait until you’ve spoken to us before beginning the inspection

• Limit the inspection scope to why OSHA is there

• Be courteous and professional

• Be prepared to answer questions and show required OSHA documents

• Provide neutral, fact-based answers

• Keep detailed notes and document everything concerning the inspection

• Pay attention to the inspector; if they take a photo, take a photo as well

• Make fixes immediately; if the inspector suggests a safety fix, then stop work and correct the deficiency

• Be cooperative and responsive throughout the entire inspection but remember that you have certain rights

• Ask questions during the closing conference; if your company is being cited, ask what specific standard is being referenced and how the citation is classified

Don't

• Do not volunteer information;
  only answer the question being
  asked at the time

• Do not leave the inspector alone;
  accompany the inspector at all
  times

• Do not give opinions or guesses; stick to the facts

• Do not argue or become defensive

• Do not discourage employees from talking to the inspector; you have the right to sit in on all interviews

• Do not admit to any violations or unsafe practices

If you receive a citation, it is important to take immediate action because you only have 15 working days after receipt of a citation to formally contest it in a written notice to the OSHA area director. 

ACS consultants have been consistently successful assisting our clients during informal conferences.  We will lead you through the OSHA inspection and abatement process and could save you up to 20%.  Whether your goal is to prevent an OSHA inspection altogether, manage an inspection already underway, or evaluate OSHA citations received, ACS can help.  .

If you find yourself facing an OSHA Inspection, contact us.  We can assist you with the OSHA inspection process and any potential compliance issues.