Technically, you can slow down the process by asking your OSHA officer to procure a warrant before continuing on with the inspection. Experts caution against taking this step.
“It will look like you have something to hide,” Shewitz says. “There is no point in antagonizing your inspector.”
Your inspector will tell you the reason for the visit during the opening conference, a brief meeting held at the beginning of the visit.
OSHA Inspection Tip No. 2: Listen Closely and Take Good Notes
Understanding the scope of the investigation is key. Your inspector, who will have researched your site beforehand, will tell you if the visit is a programmed inspection, a follow-up meeting for a prior violation, or if there has been a safety complaint.
Typically, you’ll be asked to provide employer documents, including OSHA injury and illness logs, and training information.
Make note of all documents you share. Use your notes afterward to respond to additional questions from inspectors but also to plan how to correct problems and improve safety going forward.
Improve your compliance through training. Get a safety assessment and find out about services to foster a culture of safety at your business.
OSHA Inspection Tip No. 3: Preplan the Walkaround Route
The second component of an investigation is a worksite walkaround. Once you understand the ask, give some thought to the route you would like your inspector to take so that you limit the tour to the relevant areas.
Of course, your workplace should always be compliant with OSHA posting requirements. There may also be a state version of the federal poster; keep tabs on what your state requires.
Remember, it’s legitimate to try to manage your risk.
“There is no such thing as being in 100 percent compliance, 100 percent of the time,” Shewitz says. “A label comes off a container. An employee takes shortcuts on a procedure.”
During the walkaround, your inspector will take notes and may pull out a camera. If so, have someone from your team take a photo from the same angle.
During the inspection, your OSHA officer may interview some workers privately about workplace safety and safety procedures. Allow your inspector to interview the workers he or she chooses. If your inspector asks you for recommended names, you can offer up employees you believe will be reasonable.
OSHA Inspection Tip No. 4: Be Patient with the Process
How long will the inspection take? It could be a day or a month, depending on several factors, including the size of your worksite or what the inspector finds, as well as the initial scope.
Good fortune also plays a role.
“The sad truth is there is a certain amount of the luck of the draw,” Shewitz says.
Once the inspection is complete, your OSHA officer will schedule a closing conference to discuss the findings and possible courses of action, which can include an informal conference where you can get a better explanation of the violation and learn how to correct the situation.
OSHA Inspection Tip No. 5: Correct Any Problems, Pay Any Fines, and Move On
Penalties vary greatly and depend on the severity of the violation.
In the end, you can accept the citations, correct the conditions and pay a penalty, or contest the citations in writing within 15 working days.
Shewitz advises employers to proceed with caution. “Don’t let it be about ego,” she says. “Really think seriously about what is and what isn’t worth fighting for. Paperwork? A record-keeping thing? A minor citation? It might be worth just saying OK.”
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Great little article
30Thank you, David! We're glad you found it useful.
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