What You Should Do When an OSHA Inspector Arrives at Your Worksite
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- What You Should Do When an OSHA Inspector Arrives at Your Worksite
- Initial Contact with the Compliance Officer ("CO")
- Maintain control of the situation: the initial moments of the inspection can be very important.
- Stay calm/maintain your "cool."
- Ask to see the CO's credentials/verify if necessary.
- Inform the appropriate management officials.
- Have the CO wait in an appropriate location.
- Notify your attorney.
- Ask the CO to wait until the appropriate management officials and attorney have arrived before conducting the inspection.
- Rectify any readily "fixable" violations before the inspection begins.
- Maintain control of the situation: the initial moments of the inspection can be very important.
- The Opening Conference
- Request an "opening conference."
- The purpose of the opening conference is to find out:
- What OSHA rules the CO believes may have been violated.
- The scope of the proposed tour of your worksite-stay focused.
- Which records the CO wishes to inspect and to discuss safeguarding your trade secrets, if any.
- Consider whether to request a search warrant.
- In general, an employer has the right to request a search warrant from the CO before allowing the inspection to proceed; however, requesting a search warrant could backfire on the employer.
- If the CO already has a search warrant:
- Ask for copy of the warrant and review it.
- Do not consent to the scope of the inspection.
- Obtain copies of all documents taken.
- The Inspection
- Accompany the CO on the "tour" of the worksite by utilizing at least two appropriate management personnel.
- Restrict the scope of the tour-use the most direct route to avoid "plain view" citations. Do not let inspector wander around.
- Stay calm during the inspection.
- Answer questions truthfully, but do not volunteer information.
- Produce basic documents the CO requests, unless privileged, and keep copies of all documents provided. If the document request is more extensive, ask for a reasonable period of time to produce them.
- Do not falsify or destroy documents.
- to limit photographs or videos, but photograph or video the same items/areas as the CO.
- Take notes during the inspection and transcribe them immediately after the inspection.
- CO will likely interview supervisory and non-supervisory employees.
- Accompany the supervisory employees during the interview; non-supervisory employees will be interviewed privately by CO. Advise employees they have the right to talk to, or not talk to, the CO.
- The Closing Conference
- The CO should outline any probable OSHA violations and inform the employer of its right.
- Find out what specific OSHA standards the CO believes have been violated.
Ten Dos and Don'ts When an OSHA Inspector Knocks at Your Door
- Be as prepared as possible.
- Find out why the inspector is there.
- Do not volunteer information.
- Identify a single spokesperson.
- Cooperate and do not (generally) insist on a warrant.
- Stay with the inspector at all times.
- Conduct a closing conference with the inspector.
- Do not retaliate against complaining employees.
- Negotiate penalties and abatement issues with the OSHA area director.
- Contest citations and petition to modify abatement (PMA) if appropriate.
To appropriately manage OSHA issues which arise in your organization, contact your Reinhart attorney.