OSHA rarely gives advance notice. OSHA will give employers advance notice of an inspection under four conditions:
Your company has the right to tell OSHA to get a warrant before being allowed to conduct an inspection on your site. The benefits of doing so could include buying some time before the inspector(s) came back, allowing the company time to clean up hazards and therefore avoid citations for existing violations. Sometimes it can take several days, even weeks, for an inspector to obtain a warrant.
However, in many circumstances, consenting to the inspection may be the best approach. Is the inspection related to a reported workplace injury or fatality? Is it a random inspection? Is it related to an employee complaint? If so, ask for a copy of the complaint. Once you know the reason for OSHA’s visit, you can propose a reasonable scope for the inspection.
Generally speaking, consenting to an inspection after negotiating its scope and asking for sufficient time for your safety inspection representative and/or attorney to arrive is the recommended way forward. But if you need additional time to prepare for the visit, consider politely asking the Compliance Officer to obtain a warrant.
The on-site inspection begins with the presentation of the Compliance Officer’s credentials, which include both a photograph and a serial number. In the Opening Conference, the Compliance Officer will explain why OSHA selected the workplace for inspection and describe the scope of the inspection, walkaround procedures, employee representation and employee interviews. Following the opening conference, the Compliance Officer and the representatives will walk through the portions of the workplace covered by the inspection, inspecting for hazards that could lead to employee injury or illness. The Compliance Officer will also review worksite injury and illness records and the posting of the official OSHA poster.
Compliance Officers try to minimize work interruptions during the inspection and will keep confidential any trade secrets observed. After the walkaround, the Compliance Officer holds a closing conference with the employer and the employee representatives to discuss the findings. The Compliance Officer discusses possible courses of action an employer may take following an inspection, which could include an informal conference with OSHA or contesting citations and proposed penalties. The Compliance Officer also discusses consultation services and employee rights.
If a violation is found, OSHA must issue a citation and proposed penalty within six months of the
violation’s occurrence. Citations describe OSHA requirements allegedly violated, list any proposed penalties, and give a deadline for correcting the alleged hazards. For information on penalty ranges, see www.osha.gov/penalties.
“Fall Protection – General Requirements” is OSHA’s most frequently cited standard for the 10th successive fiscal year, with 5,424 violations cited.
Your plan should include ensuring that an OSHA poster is displayed prominently at your worksite. Assign responsibilities to a team of employees to accompany the Compliance Officer throughout the inspection. Know what OSHA standards are applicable to your operation and that you are fully compliant. Also know your COVID-19 control plan and ensure you have implemented all protective actions and precautions. It’s also wise to review any documentation of previous citations and conduct a review of insurance and third-party audits.