Because OSHA is authorized to impose civil and criminal penalties on employers who violate their standards and regulations, an OSHA inspection can be a stressful and burdensome event for employers and small-business owners. This article answers some common questions about OSHA inspections and offers advice on preparing for a penalty-free inspection.
OSHA may perform inspections in three general situations. First, OSHA develops lists of worksites from all industries with injury and illness rates at or above certain levels and chooses worksites from that list to inspect. This type of inspection typically occurs at worksites for 10 or more employees. Similarly, OSHA may implement inspection programs through which it selects worksites in certain industries for inspection. Second, OSHA may inspect a worksite after a major accident occurs, such as a fatality or serious employee injury. Finally, OSHA may also inspect in response to an employee complaint.
To reduce the risk of an adverse outcome with an OSHA inspection, the best approach is to prepare in advance by knowing the issues that you'll be asked about during an inspection and preparing a response to these issues.
An OSHA compliance officer typically arrives unannounced to inspect a worksite or when a serious accident or fatality has occurred. During an inspection, an employer should do the following:
1. Manage the inspection process to minimize operational disruptions;
2. Control the flow of information to OSHA so that when the inspection has ended, the employer understands the significance of the evidence OSHA has gathered;
3. Present the worksite in the best possible light; and
4. Be proactive by addressing OSHA's compliance concerns during the inspection so OSHA does not issue citations.
As expected, the atmosphere at the worksite might be chaotic and an OSHA inspector can receive conflicting information from different sources. Thus, an employer should designate one principal contact person to act as OSHA's main contact during every inspection to control the flow of information.
Are your workers/ co-workers ready for an OSHA inspection?
