1.8: OSHA Inspection Activities

OSHA is committed to strong, fair, and effective enforcement of safety and health requirements in the workplace. OSHA inspectors, called compliance safety and health officers, are experienced, well-trained industrial hygienists and safety professionals whose goal is to assure compliance with OSHA requirements and help employers and workers reduce on-the-job hazards and prevent injuries, illnesses, and deaths in the workplace. Normally, OSHA conducts inspections without advance notice. Employers have the right to require compliance officers to obtain an inspection warrant before entering the worksite.

OSHA has jurisdiction over approximately 7 million worksites. The agency seeks to focus its inspections resources on the most hazardous workplaces. Enforcement plays an important part in OSHA’s efforts to reduce workplace injuries, illnesses, and fatalities. When OSHA finds employers who fail to uphold their safety and health responsibilities, the agency takes strong, decisive actions.

Inspections are initiated without advance notice, conducted using on-site or telephone and facsimile investigations, performed by highly trained compliance officers and scheduled based on the following priorities:
• Imminent danger situations – hazards that could cause death or serious physical harm receive top priority. Compliance officers will ask employers to correct these hazards immediately or remove endangered employees.
• Catastrophes – fatalities or hospitalizations;
• Worker complaints – allegations of hazards or violations also receive a high priority. Employees may request anonymity when they file complaints.
• Referrals of hazards from other federal, state, or local agencies, individuals, organizations or the media receive consideration for inspection.
• Targeted inspections – particular hazards, high injury rates; inspections aimed at specific high-hazard industries or individual workplaces that have experienced high rates of injuries and illnesses also received priority.
• Follow-up inspections – checks for abatement of violations cited during previous inspections are also conducted by the agency in certain circumstances.

On-site inspections can be triggered by a complaint from a current worker or their representative if they believe there is a serious hazard or that their employer is not following OSHA standards or rules. Often the best and fastest way to get hazard corrected is to notify your supervisor or employer.

Current workers or their representatives may file a written complaint and ask OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHA standards. Workers and their representatives have the right to ask for an inspection without OSHA telling their employer who filed the complaint. It is a violation of the OSH Act for an employer to fire, demote, transfer or in any way retaliate against a worker for filing a complaint or using other OSHA rights.

The on-site inspection begins with the presentation of the compliance officer’s credentials. The compliance officer will explain why OSHA selected the workplace for inspection and describe the scope of the inspection process, walkaround procedures, employee representation and employee interviews. Following the opening conference, the compliance officer and the representatives will walk through portions of the workplace covered by the inspection, inspecting for hazards that could lead to worker injury or illness. After the walkaround, the compliance officer will hold a closing conference with the employer and the employee representative to discuss the findings.

When an inspector finds violations of OSHA standards or serious hazards, OSHA may issue citations and fines. A citation includes methods an employer may use to fix a problem and the date by which the corrective actions must be completed. Employers have the right to contest any part of the citation, including whether a violation actually exists. Workers only have the right to challenge the deadline by which a problem must be resolved. Appeals of citations are heard by the independent Occupational Safety and Health Review Commission (OSHRC). To contact the OSHRC, visit www.oshrc.gov or call [phone].
OSHA provides a free service, On-Site Consultation, for small businesses with fewer than 250 workers at a site (and no more than 500 employees nationwide). On-site Consultation services are separate from enforcement and do not result in penalties or citations. Each year, OSHA makes more than 29,000 consultation visits to small businesses to provide free compliance assistance. By working with the OSHA Consultation Program, certain exemplary employers may request participation in OSHA’s Safety and Health Recognition Program, SHARP.

If you send in a complaint requesting an OSHA inspection, you have the right to find out the results of the OSHA inspection and request a review if OSHA does not issue citations. When the OSHA inspector arrives, workers and their representatives have the right to:
• Go along on the inspection;
• Talk privately with the OSHA inspector; and
• Take part in meetings with the inspector and the employer before and after the inspection is conducted.