• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

How much access must we grant OSHA inspectors?

by on
in Employment Law,Human Resources

Q. When an Occupational Safety and Health Administration inspector arrives at our workplace, must we allow him or her onto the premises?

A. Generally, the answer is no. As a practical matter, however, employers generally choose to grant OSHA agents access to their workplaces.

The OSHA Act authorizes OSHA to conduct unannounced inspections, and federal agents routinely undertake such inspections. Unless the inspector has a warrant, however, the employer need not allow the agent onto its premises.

The employer can generally insist that OSHA first obtain an administrative warrant authorizing a governmental search of the premises. Practically speaking, it’s not difficult for OSHA to obtain such a warrant. It need only show “probable cause” of a workplace violation.

Further, OSHA is not required to give the employer notice of the hearing and may seek a warrant ex parte (i.e., without the employer being present). Thus, refusing to allow OSHA on the premises may be a short-lived victory.

Rather than denying access to the inspector, many employers negotiate regarding the scope of the inspection in return for waiving their right to insist on a warrant.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/13069/how-much-access-must-we-grant-osha-inspectors "

Leave a Comment