The likelihood of getting inspected by the Occupational Safety and Health Administration (OSHA) is pretty low. In fact, each year, state and federal agencies conduct roughly only 100,000 job site inspections. Regardless, it’s still important to create a safe work environment free from occupational hazards and to be prepared should an inspection occur.
A number of situations can prompt an OSHA inspector’s visit. These include major accidents and catastrophes, on-the-job fatalities, employee and whistleblower complaints, high work-related injury and illness rates and previous citations; or it could be a follow-up visit. They can also be triggered by referrals from outside entities, such as subcontractors or government agencies. Other work sites are simply selected at random.
An inspector can show up at any time. A vast majority of inspections occur with no advanced notice. Therefore, employers should have a plan in place if the situation arises. The plan should identify the person or people responsible for greeting and escorting the inspector around the job site. In most cases, this would be the staff safety professional or company owner.
It is also the right of the employees to have a designated representative present throughout. Often, at larger organized sites, union labor contracts dictate this. The plan should also include a predetermined location where all parties can sit and discuss the inspection and the work site. This may occur in a conference room, large office or work trailer.
In the event that the appropriate parties are not available when an inspector arrives, they should be asked if rescheduling is possible. However, just in case, a backup plan should be in place. It is important that more than one employee is versed in the safety nuances of each job site so that they are able to adequately accompany an inspector.
Knowing what to do when an OSHA inspector arrives will help the process move along smoothly and likely result in fewer violations. Inspectors may show up dressed casually or formally. Be sure to ask for identification to verify that they are who they say they are. If there is any uncertainty, contact the local OSHA office to ensure they are legitimate.
Once the inspector’s identity is confirmed, have them sit down, and notify the proper personnel. This will prevent them from wandering around the work site unattended, looking for violations. Inspector escorts would be well-advised to ask about the scope of the inspection and the reason for the visit. Inspectors are often only interested in seeing a specific area. Knowing why and what they are looking for can be tremendously helpful. The goal is to show as little of the work site as possible. In addition, if the inspection is occurring as a result of a complaint, the employer has a right to request a copy of that complaint.
Typically, thorough inspections only occur when all of the following four criteria are met:
During the inspection, take notes and record everything. In the event that the inspector photographs something, have a camera available and attempt to recreate it. The inspector is trying to build a case that a violation has occurred. It can be very helpful to quickly identify and correct any hazards observed during the visit. However, do so without admitting guilt.
By law, employers are required to keep and maintain electronic and paper records, and they should be organized and available if an inspector wishes to see them. This may include injury and illness records, a hazard communication program, and emergency preparedness and evacuation procedures. This type of documentation should only be offered if specifically requested. Having inaccurate and disorganized records can raise red flags and result in citations and a more thorough review of the work site.
Ensure that employees know how to respond if they are asked a question. Questions should be answered truthfully without volunteering unnecessary information. In the event that an employee does not know the answer to a question, he or she should be instructed prior to the inspection to respond by saying something to the effect of, “I’ll have to check and get back to you on that.” Employees also have the right to refuse to respond, request the presence of management before speaking or even have a private discussion with the inspector.
Practicing good housekeeping is important, too. A messy work site can give the appearance of recklessness and result in additional work hazards.
Finally, be nice and courteous! This should be a no-brainer, but being polite and easygoing can result in a less-critical inspector.
About The Author
O’CONNOR is safety and regulatory affairs manager for Intec, a safety consulting, training and publishing firm. Reach him at [email protected].