What Happens in an OSHA Inspection

An OSHA inspection is how federal compliance officers check a workplace against the OSH Act and OSHA's rules. Part 1903 sets the ground rules: when officers can enter, who can go along, and what follows if a citation is issued. It also puts duties and deadlines on you.

Who can be inspected and when

Compliance Safety and Health Officers are authorized to enter "without delay and at reasonable times" any workplace where work is performed by an employee of an employer, and to inspect during regular working hours and at other reasonable times, within reasonable limits and in a reasonable manner (1903.3(a)). They may also review records required by the Act and OSHA's regulations, and other records directly related to the purpose of the inspection (1903.3(a)).

Advance notice may not be given, except in four listed situations, such as apparent imminent danger (1903.6(a)). Notice may not be given more than 24 hours before the scheduled inspection, except in apparent imminent danger situations and other unusual circumstances (1903.6(b)). If you get advance notice, you must promptly notify the authorized representative of employees, if you know who that is (1903.6(b)).

How an inspection unfolds

OSHA's inspections fact sheet names the on-site stages: credentials, opening conference, walkaround, and closing conference.

Arrival, credentials, and scope

At the beginning of an inspection, the officer must present credentials to the owner, operator, or agent in charge, explain the nature and purpose of the inspection, and indicate generally its scope and the records the officer wishes to review (1903.7(a)).

The walkaround

• A representative of the employer and a representative authorized by employees must be given an opportunity to accompany the officer during the physical inspection (1903.8(a)).
• The employee representative may be an employee or a third party. A third party may accompany the officer if, in the officer's judgment, good cause has been shown why that is reasonably necessary to an effective and thorough physical inspection (1903.8(c)).
• Officers have authority to take environmental samples and photographs related to the purpose of the inspection, to attach personal sampling equipment to employees, and to question privately any employer, owner, operator, agent, or employee (1903.7(b)).

Trade secrets

At the start of the inspection, you may identify areas that contain or might reveal a trade secret (1903.9(c)). If the officer has no clear reason to question that, information obtained there must be labeled as a confidential trade secret (1903.9(c)).

The closing conference

At the conclusion of the inspection, the officer must confer with you or your representative and informally advise you of any apparent safety or health violations disclosed by the inspection (1903.7(e)). You must be given an opportunity to bring pertinent information about workplace conditions to the officer's attention (1903.7(e)).

Objecting to an inspection

If an employer refuses to permit the officer to enter, inspect, review records, question people, or be accompanied by an employee representative, the officer must terminate the inspection or confine it to matters concerning which no objection is raised (1903.4(a)). The officer must immediately report the refusal to the Area Director, who must consult with the Regional Solicitor, who "shall take appropriate action, including compulsory process, if necessary" (1903.4(a)). Compulsory process includes an ex parte application for an inspection warrant (1903.4(d)).

Complaints by employees

An employee or employee representative who believes a violation exists may request an inspection by written, signed notice (1903.11(a)). A copy must be provided to you no later than at the time of inspection, but if the person who gave the notice asks, that person's name and the names of individual employees referred to in it must not appear in the copy (1903.11(a)). The inspection is not limited to matters referred to in the complaint (1903.11(b)).

After the inspection

Citations

If, based on the inspection report, the Area Director believes you violated a requirement, the Area Director must issue either a citation or a notice of de minimis violations (1903.14(a)). It must be issued with reasonable promptness after the inspection ends, and no citation may be issued after the expiration of 6 months following the occurrence of any alleged violation (1903.14(a)). A citation must describe the alleged violation with particularity and fix a reasonable time for abatement (1903.14(b)).

Posting

On receipt, you must immediately post the citation or a copy, unedited, at or near each place an alleged violation occurred (1903.16(a)). Where that is not practicable because of the nature of your operations, post it in a prominent place readily observable by all affected employees (1903.16(a)). It must stay posted until the violation has been abated, or for 3 working days, whichever is later (1903.16(b)).

The deadline to contest

To contest a citation or proposed penalty before the Review Commission, you notify the Area Director in writing (1903.17(a)). The notice must be postmarked within 15 working days of your receipt of the notice of proposed penalty and must say whether it is directed to the citation, the proposed penalty, or both (1903.17(a)). Working days are Mondays through Fridays, not including Federal holidays. The day of receipt is not counted and the last day is (1903.22(c)).

Informal conferences

At your request, the Assistant Regional Director may hold an informal conference to discuss any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest (1903.20). Neither the conference nor a request for one operates as a stay of the 15-working-day contest period (1903.20).

Abatement verification

Within 10 calendar days after the abatement date, you must certify to OSHA that each cited violation has been abated (1903.19(c)(1)). Certification is not required if the officer, during the on-site portion of the inspection, observes abatement within 24 hours after the violation is identified and notes it in the citation (1903.19(c)(2)).

Easy-to-miss points

• An appropriate citation or notice of de minimis violations must be issued even if you immediately abate, or start to abate, the alleged violation after the officer tells you about it (1903.14(a)).
• Filing a notice of contest does not affect your posting responsibility unless and until the Review Commission issues a final order vacating the citation (1903.16(b)).
• Officers must comply with all employer safety and health rules and practices at your establishment, and must wear and use appropriate protective clothing and equipment (1903.7(c)).

Related guides

• General Duty Clause
• Severe injury reporting

Source

This guide is based on the text of 29 CFR Part 1903 as published on osha.gov. The regulation itself always controls. States that run their own OSHA-approved State Plans conduct inspections and enforcement under State law (1903.21), and their procedures and deadlines may differ.