OSHA inspections

Scope

OSHA covers most private sector employers and workers in all 50 states, the District of Columbia, and other United States jurisdictions either directly through federal OSHA or through an OSHA-approved State Plan. (State Plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA.)

Regulatory citations

• 29 CFR 1903 — Inspections, citations and proposed penalties

Key definitions

• CSHO (Compliance Safety and Health Officer): The federal OSHA employee who conducts inspections for the agency — a.k.a. “OSHA Inspector.”
• General Duty Clause (GDC): A section of the OSH Act — Section 5(a)(1) — that requires employers to protect employees from recognized, serious hazards, regardless of whether there is a specific standard addressing that hazard. OSHA often uses the GDC to cite employers for not protecting workers from ergonomic-type hazards, workplace violence, and heat stress.
• OSHA: The Occupational Safety and Health Administration — the federal agency that sets and enforces worker safety and health laws.
• OSH Act: The Occupational Safety and Health Act of 1970, which is the enabling legislation for OSHA.
• Repeated violation: A hazardous/violative condition that is the same or similar to a previously cited condition in the past five years at either the same establishment or another establishment of the same company under federal OSHA jurisdiction.
• Serious violation: A violation where there is a substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.
• Willful violation: A violation that the employer intentionally and knowingly commits.

Summary of requirements

Under the OSH Act, employers should:

• Understand that OSHA has the right to inspect places of work. Employers may exercise their Constitutional rights to request a warrant; however, there is a fairly low threshold for OSHA to obtain such approval.
• Know the reasons that prompt most inspections, such as reports of serious injuries/fatalities, complaints, targeting/emphasis programs, and plain-view hazards. Note: Some small employers in low-hazard industries are exempt from certain types of programmed inspections. See www.osha.gov/enforcement/appropriations-act.
• Learn the phases of an OSHA inspection. Inspections will consist of an opening conference, records review, walkthrough inspection, and closing conference.
• Verify CSHO’s credentials and have a company representative accompany the CSHO at all times.
• Get a clear understanding of the proposed scope of the inspection.
• Let the employees’ authorized representative, if any, accompany the officer during the inspection. See a May 10, 2024, OSHA memo, “Interim Guidance for Worker Walkaround Representative Designation Process.”
• Take photographs of the same things that CSHOs photograph. OSHA has the right to take photos during inspections, even in confidential areas. In instances where there are trade secrets, OSHA has special privacy procedures to follow with regard to maintaining the case file documentation.
• Not interfere with employee interviews. Under the OSH Act, OSHA has the right to question employees privately.
• Correct any apparent violations on the spot during the inspection, if possible.
• Not make admissions but ask any questions at the closing conference.
• Know that the OSHA Area Office has 6 months to issue citations. Citations will not be issued during the inspection.
• Post OSHA citations for 3 days or until a violation is corrected, whichever is longer.
• Exercise their right to an informal conference to discuss proposed citations.
• Remember there’s only 15-working days to file a proper notice of contest of the citations, penalties, and/or abatement date(s). This must be in writing.
• Not retaliate against any employee for exercising their rights under the law. See publication OSHA 3812, “Protection From Retaliation ..."