Can retailers refuse to allow OSHA to take photographs in our facility?

The OSHA inspectors have been given authority by 29 CFR 1903.7(b) “to take or obtain photographs related to the purpose of the investigation.” Taking photographs during the course of an inspection is a normal investigative tool used by OSHA in order to support apparent violations of standards.

An employer could certainly ask that inspectors not take photographs, but if they persist and you refuse, then they have the option of attempting to obtain a warrant (discussed further below). If you do allow the photographs, it is usually a good idea to take similar photographs so you have a record of the situation.

Per 1903.4, employers have a right to refuse to allow an inspection to occur. However, OSHA can attempt to obtain a warrant and return to conduct the inspection. OSHA’s Field Operations Manual (FOM) says that “Where entry has been allowed but the employer interferes with or limits any important aspect of the inspection, the Compliance Safety and Health Officer (CSHO) shall determine whether or not to consider this action as a refusal. Examples of interference are refusals to permit the walkaround, the examination of records essential to the inspection, the taking of essential photographs and/or videotapes, the inspection of a particular part of the premises, private employee interviews, or the refusal to allow attachment of sampling devices.”

So, if an employer refused to allow photographs during an inspection, OSHA would have the option of attempting to obtain a warrant as it would if an employer refused to allow the inspection to begin. For additional information on the OSHA inspection process, see the FOM.

And, as there are many variables, it is recommended to discuss the potential ramifications of refusing photographs with a legal professional.