OSHA Inspections

OSHA Inspections

What should I expect if OSHA inspects my workplace?

There are four stages of a typical OSHA inspection:
> Presentation of Inspector Credentials
> Opening Conference
> Inspection Walkaround
> Closing Conference.

When does an inspection begin?

An inspection begins when the OSHA compliance officer arrives at the establishment. He or she displays official credentials and asks to meet an appropriate employer representative. Employers should always insist on seeing the compliance officer’s credentials.

An OSHA compliance officer carries U.S. Department of Labor credentials bearing his or her photograph and a serial number that an employer can verify by phoning the nearest OSHA office.
Posing as a compliance officer is a violation of the law. Suspected imposters should be promptly reported to local law enforcement agencies.

What happens during the opening conference?

In the opening conference, the compliance officer;

> Explains why OSHA selected the establishment for inspection.

> Determines whether an OSHA-funded consultation program is in progress or whether the facility has received an inspection exemption. If so, the compliance officer usually terminates the inspection.

> Obtains information about the establishment.

> Explains the purpose of the visit, the scope of the inspection, walkaround procedures, employee representation, employee interviews, and the closing conference.

The compliance officer asks the employer to select an employer representative to accompany him or her during the inspection. OSHA welcomes, but does not require, that there be an employee representative for each inspection.

Under no circumstances may the employer select the employee representative for the walkaround. OSHA does, however, encourage employers and employees to meet together.

What happens during an inspection walkaround?

After the opening conference, the compliance officer and accompanying representatives proceed through the establishment, inspecting work areas for potentially hazardous working conditions.
The compliance officer will discuss possible corrective actions with the employer.

OSHA may consult, at times privately, with employees during the inspection walkaround. An inspection walkaround may cover part or all of an establishment, even if a specific complaint, fatality, or catastrophe prompted the inspection.

Trade secrets observed by the compliance officer are kept confidential. Federal employees who release confidential information without authorization are subject to a $1,000 fine or 1 year in jail or both AND removal from office or employment.

What kinds of records does the compliance officer examine?

> The compliance officer checks posting and record keeping practices, including whether the employer has maintained records of deaths, injuries, and illnesses.

> Posted a copy of the totals from the last page of the previous year’s Log and Summary of Occupational Injuries and Illnesses (OSHA200) during the month of February.

> Prominently displayed the OSHA workplace poster (OSHA 2203).

The compliance officer also examines records, where required, of employee exposure to toxic substances and harmful physical agents.

Can an employer immediately correct any violations spotted by the compliance officer and avoid a citation?

> Some apparent violations detected by the compliance officer can be corrected immediately.

> The compliance officer records such corrections to help evaluate the employer’s good faith for compliance.

> Apparent violations that have been corrected may still serve as the basis for a citation or notice of proposed penalty or both.

What happens after the inspection walkaround?

After the inspection walkaround, the compliance officer holds a closing conference with the employer and the employee representatives, either jointly or separately. During the closing conference, the compliance officer;

> Discusses with the employer all-unsafe or unhealthful conditions observed on the inspection and indicates all apparent violations for which a citation may be recommended.

> Tells the employer of his or her appeal rights, anti-discrimination rights under 11(c) of the OSH Act, the informal conference, and procedures for contesting citations within 15 working days after receiving the citation.

> Informs the employer of his or her obligations with regard to any citations that may be issued.

> Will hold a separate closing conference with the employees or their representative, if requested, to discuss matters of direct interest to employees and to inform them of their rights after an inspection.

What does SBREFA (Small Business Regulatory Enforcement Fairness Act of 1996) require?

SBREFA requires that all federal agencies have in place a policy to reduce or, under appropriate circumstances, waive penalties for violations of standards by small businesses.

What is in an OSHA citation?

Citations inform the employer and employees of:

> The regulations and standards the employer allegedly violated,

> Any hazardous working conditions covered by Section 5(a)(1), the general duty clause, of the OSH Act,

> The proposed length of time set for their abatement, and

> Any proposed penalties.

OSHA will hand deliver or send citations and notices of proposed penalties to the employer by certified mail. The employer must post a copy of each citation at or near the places where the violations occurred for 3 days or until the employer abates the violation, whichever is longer.

Informs employers of their rights under the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
Informs employers that Regional Small Business Regulatory Fairness Boards created under SBREFA exist to hear cases if employers are not satisfied with agency resolutions of enforcement matters.
Explains that OSHA area offices offer assistance and can answer questions about programs and activities.

Will the compliance officer tell an employer during the closing conference what penalties the agency will propose?

During the closing conference, the compliance officer does not indicate any proposed penalties. Only the OSHA area director has that authority, and only after having received a full report.

OSHA Inspections, Investigations & Record keeping Regulations

* Section 8, Title: INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING

(a) In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized -

(1) to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and

(2) to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee.

(b) In making his inspections and investigations under this Act the Secretary may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

In case of a contumacy, failure, or refusal of any person to obey such an order, any district court of the United States or the United States courts of any territory or possession, within the jurisdiction of which such person is found, or resides or transacts business, upon the application by the Secretary, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.

(1) Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of Health, Education, and Welfare, such records regarding his activities relating to this Act as the Secretary, in cooperation with the Secretary of Health, Education, and Welfare, may prescribe by regulation as necessary or appropriate for the enforcement of this Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph such regulations may include provisions requiring employers to conduct periodic inspections.

The Secretary shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this Act, including the provisions of applicable standards.

(2) The Secretary, in cooperation with the Secretary of Health, Education and Welfare, shall issue regulations requiring employers to maintain accurate records of, and to make periodic reports on, work- related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.

(3) The Secretary, in cooperation with the Secretary of Health, Education, and Welfare, shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 6. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under section 6, and shall inform any employee who is being thus exposed of the corrective action being taken.

(d) Any information obtained by the Secretary, the Secretary of Health,
Education and Welfare, or a State agency under this Act shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible.

(e) Subject to regulations issued by the Secretary, a representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Secretary or his authorized representative during the physical inspection of any workplace under subsection (a) for the purpose of aiding such inspection. Where there is no authorized employee representative, the Secretary or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.

(f) Inspection Requests

(1) Any employees or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employees or representative of employees, and a copy shall be provided the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to subsection (g) of this section.

If upon receipt of such notification the Secretary determines there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if such violation or danger exists. If the Secretary determines there are no reasonable grounds to believe that a violation or danger exists he shall notify the employees or representative of the employees in writing of such determination.

(2) Prior to or during any inspection of a workplace, any employees or representative of employees employed in such workplace may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this Act which they have reason to believe exists in such workplace. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting such review a written statement of the reasons for the Secretary's final disposition of the case.

(g)(1) The Secretary and Secretary of Health, Education, and Welfare are authorized to compile, analyze, and publish, either in summary or detailed form, all reports or information obtained under this section.

(3) The Secretary and the Secretary of Health, Education, and Welfare shall each prescribe such rules and regulations as he may deem necessary to carry out their responsibilities under this Act, including rules and regulations dealing with the inspection of an employer's establishment.