How To Survive An OSHA Inspection

Like many regulatory agencies, OSHA conducts unannounced inspections to verify compliance status.  How should you prepare for that dreaded day when the OSHA compliance officer knocks on the door?

In a perfect world, the best approach would be to protect yourself and your company by knowing and complying with the regulations that apply to your facility.  Theoretically, there would be no unpleasant surprises and it wouldn't matter whether the inspection is announced or not.

Even so, it is still possible to inadvertently shoot yourself in the foot during an OSHA inspection.  Here are some tips that can help you better prepare for and survive the process.

Select A Contact Person

Identify a trained, competent person who will accompany an officer during an inspection.  Don't let anyone else represent your company.  If you fail to do so, expect employees who are poorly versed in OSHA procedures to speak out of turn.  "Loose lips" are used all the time to justify violations.

 Ideally, your contact person should have these skills:

• In-depth knowledge of the facility and processes,
• Familiarity with the regulations that apply,
• Knowledge of facility compliance status, and
• Ability to deal calmly with others in uncomfortable situations

It is also important to designate a trained alternate in case the normal contact is not available.  Someone else should be prepared to represent your company at a moment's notice.

How To Best Prepare

Plan ahead and communicate your inspection procedures to other personnel at the facility. 

• It is extremely important that the receptionist knows who to call when OSHA arrives.  (Be sure to train back-ups also.)
• Train other personnel on their possible role and how to interact with an inspector during the visit.  (See remainder of this article.)

First impressions are important.  Try to keep a well-maintained building (inside and outside).  Mark entrances and parking areas with clear signage.  Eliminate any obvious hazards in plain view outside the facility.

What To Do (and not do) During The Inspection

Request an opening conference.  Ask the officer to identify the purpose and scope of the visit.  If the visit is the result of an employee complaint, ask for a copy.  (The employee name will be deleted.) 

Accompany the inspector at all times, except for confidential employee interviews.  Recognize that the officer gets to pick the route.

Be polite and professional in all situations.

Convey a cooperative demeanor by showing interest in the inspection and asking questions.

Answer questions truthfully, but don't volunteer information beyond the original question.

Don't speculate, guess, or say anything you are not sure of.  If you mistakenly provide false information, you may put your company at risk of receiving a larger fine.

Take notes.  This should include a record of where the inspector travels, what conditions or situations are observed, what comments are made, and what photos are taken.  (Taking duplicate photos is a good idea.)  

Provide records and documentation when requested, but don't allow the officer into to your records storage area.  Clarify the exact request; then go obtain the records, and bring them to the officer.

Handling Sensitive Situations

If a compliance officer points out a possible violation, it's a good idea to fix it on the spot or as soon as possible.  You may still be cited, but your "good faith" can reduce the severity of a citation.  Having said this, never agree that a hazard is a violation.  Compliance officers will use your unintended admissions to prove its charges, which almost always result in a citation and fine.

Don't reflexively fix a situation at the compliance officer's suggestion.  Ask questions and seek verification before acting on an officer's advice.  Again, correcting a situation doesn't necessarily prove a violation or lessen the chances of a citation; it merely demonstrates "good faith" that the situation needs to be fixed.

Don't assume that every compliance officer is an expert on every OSHA regulation.  Like physicians, there are specialties within the profession.  In addition, OSHA publishes thousands of "Letters of Interpretation" to explain complex sections of its regulations.  It is virtually impossible for every officer to know each interpretation.  Don't be afraid to ask for an explanation.

When a situation arises where you disagree with the officer, it is OK to voice objections tactfully, but avoid arguing at all costs.

Always request a closing conference.  Ask the officer for an accounting of any violations that he/she will be recommending.  Now is the time to highlight the fixes that you made during the inspection, without admitting a violation.  Ask for explanations and clarifications, but remain professional and avoid becoming argumentative.

After The Inspection

You have rights and responsibilities in the aftermath of the inspection.  The compliance officer will summarize these at the closing conference.  This can be an emotional, possibly confusing time for all involved.  It is strongly recommended that you contact a safety professional with OSHA experience for expert assistance.  He/she can provide practical, objective guidance on your legal options and their advantages/disadvantages.         

Back to Articles