Unfortunately, the Occupational Safety and Health Administration (OSHA) doesn’t always give fair warning before it shows up at your door. But that’s no excuse for not being prepared for an inspection. Companies in every industry in the United States are bound by OSHA law to provide a safe working environment for their employees or risk fines. That means the potential exists for this powerful agency to visit you.
Statistically Speaking: In Fiscal Year 2016, 8,870—roughly 28 percent—of OSHA inspections resulted from employee complaints, according to the U.S. Department of Labor. While not the number one initiator of an investigation, it rounds out OSHA’s top three inspection priorities, according to OSHA. Number two on the list is severe injuries or illnesses, and the number one inspection priority is imminent danger—hazards that could cause death or serious physical harm.
If OSHA Came Knocking Today, Would You Be Caught Off Guard?
Waiting until OSHA is on your doorstep is not a good plan! But you don’t have to fear the inspection—get prepared. Independent safety educator and consultant Natalia Olive, who co-authored Dartnell’s The OSHA Compliance Handbook, outlines the three steps in an OSHA inspection and what you need to do to be ready for each one.
Step 1: Opening Conference
The opening conference is a meeting that takes place in a designated room at your organization, with OSHA inspectors and your company’s representatives present. This is where OSHA inspectors will explain why they’re there. For a successful opening conference:
- Summon top management. Your trained employee will call the right people who need to be part of this opening conference. This could be top management or a designated representative for your company.
- Designate a specific room for the inspector(s) to remain. Your trained employee will put the OSHA inspectors in a particular room where they will wait for your company’s top management and/or representative to meet with them for this opening conference.
- Gather key OSHA documentation. Once the conference is completed, the OSHA inspectors might want to review any of your written records, including your OSHA log and documentation for any of your key programs. Having this documentation available at the opening conference will save you time and show that you’re organized and prepared!
Did You Know? While not recommended, you do have the right to refuse OSHA’s entry or to not answer questions without a lawyer. The downside to refusal is the OSHA inspector(s) will likely return with a court order and a hostile attitude that could work against you during an inspection.
Step 2: Walkaround
The walkaround is what it sounds like: OSHA inspectors walk around your building, inside and out. On the walkaround, you should bring a copy of 29 CFR 1910 (or 1926 as applicable) and any relevant state-specific regulations, a notebook and pen to take notes, a digital camera, a tape measure, and a cell phone to call other people that you want to meet you on the walkaround. During the walkaround, you should:
- Allow access to all areas. You will have to allow inspectors access to all areas, but they will need to follow your company rules. For example, if there are areas in which personal protective equipment is required, they need to wear that protective equipment.
- Answer questions directly and concisely. Stay on topic, and only answer what was specifically asked. You don’t want to accidentally offer information that could prompt further investigating.
- Address findings on the spot when applicable. For example, if you have an outdated label, call an employee over to update it. The inspector can still have the finding, but they won’t issue a violation because you corrected it immediately.
- Document the walkaround. Take copious notes on what the inspector states, and ask for copies of their records. Mirror the inspector as much as possible, taking the same photos, making the same drawings, etc.
Step 3: Closing Conference
The closing conference is a meeting that takes place after the walkaround, in which you’ll discuss the issues cited with the OSHA inspector(s). These tips and key points will help you prepare for a successful closing conference:
- Remember that nothing you say will be “off the record” when OSHA investigators are present.
- Discuss abatement steps taken or to be taken in the near term. Give a specific timeframe that you will fix any problems.
- Correct any misinformation or erroneous facts.
- Ask for copies of photos, drawings, recordings, etc.—anything that OSHA has put in writing you can ask for a copy of.
When it’s all said and done, you’ll need to share your inspection information with your attorney for legal advice on how to proceed, which will likely include getting any missing documentation in order, rectifying your violations, exhibiting proof that you’ve done so, and paying any fines as quickly as possible.
