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An unexpected visit from a government regulator such as the Occupational Safety and Health Administration (OSHA) is often unwelcome—and unsettling, too. If you have taken the time to prepare for an OSHA inspection, however, it need not be traumatic. 

Advance planning and preparation not only make the inspection proceed without difficulty, but also allow you to be in control. Plus, being prepared may make a good impression on the inspector, which could lead to being cited for fewer violations.

OSHA inspectors typically want to review several documents that you may be required to keep at your facility:

• Your company’s Injury and Illness Prevention Plan and all supporting documentation

• OSHA Log 300

• Lockout/tagout procedures

• Emergency and fire plans

• Respiratory protection plan

• Hearing conservation program

• Hazard communication program

• Material Safety Data Sheets

Not all are required at every workplace—you’ll have to determine which apply to your organization.

What triggers an inspection?

Many inspections result directly from employee complaints or in response to reported accidents.

Before 1996, your workplace would likely be the target of an inspection based solely upon the nature of your business (e.g., steel manufacturing). Since 1996, OSHA has been using different criteria to determine which workplaces will be inspected.

That’s when OSHA established the Data Collection Initiative (DCI) to gather data from more than 80,000 employers in select industry classifications. OSHA requested injury and illness information from such employers, which it then used as justification to target industries with higher than usual numbers of employee injuries and illnesses.

As a result, OSHA developed two categories of inspections: programmed and nonprogrammed.

If your inspection is deemed a programmed inspection, it probably means that OSHA is inspecting your work site on the basis of your (or your industry’s) answers to the DCI survey.

If an inspection is nonprogrammed, you may have experienced a serious event (such as a fire or explosion) or a workplace fatality. Or, OSHA may have received complaints or referrals regarding your work site.

Passing inspection

Follow these steps to increase the odds of a successful inspection:

Designate one person who is fully trained on your safety and health procedures to talk with the inspector and escort him or her around the facility. Make it company policy that only the designated person may conduct such a tour.

Gather the required OSHA documents in an area isolated from proprietary or confidential information. Present them in a form that is convenient for the inspector.

Anticipate safety and health issues if possible, and have a response prepared.

Control the route the inspector takes through the facility, and how information is communicated to the inspector.

Be proactive. Inquire about the inspector’s concerns during the inspection. If possible, correct deficiencies immediately. When appropriate, explain why an apparent deficiency does not deserve a formal citation. The inspector will typically hold a closing conference with you before leaving. This is an opportunity to discuss potential citations and try to resolve them then and there.

Don’t be pressured. If the inspector asks a question or requests a document that you are unsure of or uncomfortable about, stop and take the time to consult a superior—or an attorney.

Don’t feel you have to always provide an instant response. You don’t.

Don’t volunteer or admit noncompliance. You should, however, cooperate with the inspector.

The inspection process

OSHA inspectors have the right to inspect any part of the facility and request copies of any OSHA-required documents. They have the authority to interview employees without any member of management present. It is wise to:

• Choose a route that exposes the least amount possible to inspection (if the inspector is there to see a specific area)

• Know which documents are required of your facility and keep them separate from other documents

• Establish and maintain the best possible working relationship with OSHA representatives

An employer has the right to refuse access to the facility and demand an administrative search warrant, but this is rarely recommended. In deference to the agency and in the interest of worker (and public) safety, such a warrant will not be difficult to obtain.

It is generally best to cooperate with OSHA while remembering that you do have rights and you can refuse certain requests.

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Authors: Ellen R. Wright is a senior paralegal in the environmental department of Pepper Hamilton LLP, a Philadelphia-based multipractice law firm. Ellen can be reached at (313) 393-7412 or wrighte@pepperlaw.com. Gregory S. Narsh is of counsel with Pepper Hamilton and  concentrates in environmental, safety and health matters. Greg can be reached at (313) 393-7362 or narshg@pepperlaw.com.