Is a company required to let OSHA privately interview an employee?

Yes. Section 8(a)(2) of the Federal OSH Act authorizes OSHA compliance officers to question privately “any employer, owner, operator, agent or employee.” So, the mandate to interview employees in private is OSHA’s right. For more detailed information on the interview process, see the Federal OSHA Field Operations Manual. (The FOM states among other things that OSHA inspectors will inform employers that interviews of non-managerial employees will be conducted in private. Inspectors are entitled to question such employees in private regardless of employer preference, the FOM states. If an employer interferes with an inspector’s ability to do so, the inspector should, according to the FOM, request that the OSHA Area Director consult with OSHA legal personnel to determine appropriate legal action. Interference with an inspector’s ability to conduct private interviews with non-managerial employees includes, but is not limited to, attempts by management officials or representatives to be present during interviews, the FOM states.