The thought of an Occupational Safety and Health Administration (OSHA) inspection can send shivers down the spine of many employers.
The fear of heavy fines, potential citations, and the unknown aspects of the inspection process can make even the most diligent business owner uneasy. However, understanding what to expect during an OSHA inspection and how to prepare for one can greatly reduce the anxiety surrounding it and help ensure a clean inspection.
OSHA's primary mission is to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.” While this mission is undoubtedly positive, many employers fear the day OSHA shows up at their door unannounced. This fear often stems from uncertainty or a lack of preparation. Here, we'll break down what you can expect during an OSHA inspection and how you can prepare to ensure a smooth process.
OSHA’s Inspection Priorities: Why They Might Show Up
OSHA doesn’t have enough inspectors to visit every workplace in the United States, so they prioritize inspections based on a “worst first” approach. This means they focus on industries and companies with higher risks, such as those with hazardous occupations or a history of violations. The typical reasons OSHA may choose to inspect your job site include:
- Imminent Danger: Situations that could cause death or serious physical harm
- Fatality or Catastrophic Incident: Following up on serious incidents that have occurred
- Complaints and Referrals: Often the result of employee complaints or referrals from onsite contractors
- Targeted Inspections: Industries or companies targeted due to known hazards
- Follow-Up Inspections: Verifying that previously cited violations have been corrected
In industries with high-risk activities like confined-space entry or trenching, OSHA inspections are more common due to the inherent dangers involved.
The Unannounced Arrival: Be Prepared
One of the most unsettling aspects of an OSHA inspection is that it’s typically unannounced. While you do have the legal right to refuse entry, this often results in the inspector returning with a search warrant. Cooperation from the start is usually the best course of action, as it sets a positive tone for the inspection and can influence the outcome favorably.
If an inspector shows up, the first step they will take is to hold an opening conference. During this meeting, they will explain the purpose of the inspection and outline the areas they wish to examine. It’s crucial to have a member of management present at this conference, and you should always check the inspector’s identification, which will include a USDOL ID card with a photo and serial number.
Documentation Is Key: Keep Records Updated
During the opening conference, the inspector will likely request to see various records, including injury/illness logs, safety policies, training records, equipment inspection records, and other documents relevant to the inspection. Keeping accurate and up-to-date records is essential, as these documents provide evidence of your commitment to safety and compliance with OSHA standards.
Stick to the Scope: Avoid Volunteering Extra Information
Once the inspection begins, it’s important to adhere strictly to the areas specified by the inspector. Offering a plant tour or volunteering additional information, even if you believe your site is fully compliant, is not advisable. The inspector is required to cite any violations they observe in “plain view,” so expanding the scope of the inspection could lead to additional citations.
Employee Cooperation: Honesty Is Crucial
During the inspection, the OSHA officer may interview employees, take photographs, conduct instrument readings, and take notes. It’s important that your employees understand the importance of honesty during these interviews. Any attempt to mislead or withhold information from the compliance officer could result in stiffer penalties and potentially even civil penalties against the company.
Be Present During the Inspection: Follow the Inspector
As an employer or manager, you have the right to accompany the inspector throughout the job site. This is an opportunity to demonstrate your cooperation and to document any findings or violations that the inspector points out. If the inspector identifies any violations, ask for clarification on how to correct them, and if possible, correct the issue immediately. This proactive approach shows good faith and can positively influence the inspector’s final report.
The Closing Conference: Understanding the Next Steps
Once the inspection is complete, the officer will hold a closing conference. During this meeting, they will discuss any issues they observed and give you the opportunity to ask questions. They will also inform you of any citations they are recommending and the timeframes within which you must correct the noted problems. It’s important to remember that the actual citations and any associated fines will be determined by the area director, not the inspector.
The factors that influence the amount of the fines include:
- Nature of the Violation: How severe the violation is
- History of Violations: Previous citations may lead to higher fines
- Good-Faith Efforts: Demonstrating a commitment to safety and correcting violations promptly
- Size of Your Operation: Smaller businesses may receive reduced fines
If you wish to contest any fines or citations, you must do so within 15 business days of receiving the official paperwork.
Turning an Inspection Into a Positive Experience
While an OSHA inspection can be daunting, it doesn’t have to be a negative experience. In fact, it can serve as an opportunity to identify and correct potential hazards before they result in serious injury or even death. By approaching the inspection with a cooperative attitude, maintaining accurate records, and demonstrating a commitment to safety, you can greatly increase the chances of a clean inspection.
OSHA inspectors are there to ensure that workplaces are safe for employees. If you show good faith in correcting any violations they find, they are likely to work with you to resolve the issues. In the long run, a positive relationship with OSHA and a proactive approach to workplace safety can protect your employees and your business from the consequences of non-compliance.
By preparing ahead of time, staying calm during the inspection, and addressing any issues promptly, you can ensure that your next OSHA inspection is as smooth and stress-free as possible.
GPRS is committed to helping make your job site as safe as it can be, both through our suite of subsurface damage prevention, existing conditions documentation and construction & facilities project management services, as well as through the variety of safety initiatives we sponsor and host. At GPRS, we Intelligently Visualize The Built World® to keep you and your projects on time, on budget, and safe.
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Frequently Asked Questions
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Subsurface Utility Engineering (SUE) reduces the risk and improves the accuracy of subsurface utility readings. It is broken down into four levels of quality, governed by ASCE Standard 38-02. GPRS does not provide engineering services. If you need professional engineering services, please contact a professional engineer. GPRS does not perform SUE work, but our utility locating and mapping services support SUE at QL-B.
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