Question: A government safety and health inspector showed up to our company front office unannounced, asking to conduct a safety inspection of our plant. Can they do that? Can I ask them to reschedule to a more convenient time? What prompted their visit?
Answer: Enforcement inspectors from federal OSHA or state safety and health agencies can show up unannounced to conduct a comprehensive safety or health walkthrough, respond to an anonymous complaint, or investigate a recent reportable injury. (See our Legal Guide, Catastrophe/Fatality Notification Procedure, for information on reporting serious work-related injuries to these agencies.)
Steps to Take Before an Inspection Begins
Enforcement agents don’t typically reschedule these inspections with employers. Prior to the walkthrough, the inspector must present their credentials and conduct an opening conference/meeting before beginning the walkthrough. If you wish, you can ask to make a photocopy or take a picture of their credentials for your records. Designate a company representative (such as a safety or HR manager) to be the primary point of contact for the onsite inspector. You should also designate one or more additional people (within reason) to join the walkthrough who know the production facility and have a good understanding of the operation and personnel (such as someone from the human resources, operations, or maintenance department).
Communicating with Employees and Leaders During an Inspection
At the opening conference, prior to the walkthrough inspection, you should ask an appropriate person to notify key leaders so they can inform employees of the presence of the OSHA inspector. The inspector has the right to speak with employees privately, so you should work out that procedure with the inspector during the opening conference. If your employees are represented by a union, they have the right to have a union representative accompany the inspector. You should tell supervisors and managers to go through the designated employer representative before speaking directly with the inspector.
Handling Inspector Questions with Care
Throughout the inspection, the inspector will ask the designated employer representative a variety of questions. If you’re the representative and you don’t know the answer to a question, or you don’t understand what exactly the inspector wants to know, pause and think about how to respond. It’s okay to ask for clarification, such as, “can you help me understand…?” or “what specifically can I answer for you?” If you don’t know the answer to a question and don’t have a way to find out right away, don’t speculate or think out loud. There’s no need to give the inspector more information than requested. If you need to get back to them with an answer, ask if you can respond by the end of the walkthrough or by the next business day. Many inspectors are lenient on timing as long as they get an answer.
Accompanying the Inspector and Documenting Observations
The inspector may choose to inspect the entire property or only a portion of it. We recommend accompanying the inspector wherever they go and documenting what is observed. You should take photos of anything they take photos of. You aren’t obligated to point out areas they haven’t asked to see.
Reviewing Hazards and Next Steps After the Walkthrough
After the walkthrough, the inspector must facilitate a closing conference with the employer to review the hazards they identified. After they leave, you will be notified in writing what specific citations were issued along with any monetary fines, if applicable. Most hazards will have an abatement timeline of 30 days. Your priority should be to abate (eliminate or address) the cited hazards. Once that’s done, if you disagree with the merit of any citations or penalties, you can appeal them. Your Vigilant safety professional can support you through this process.
Staying Proactive with Safety and Health Compliance
Inspectors from federal or state safety and health agencies can show up any time, so ensuring a safe work environment and documenting training and the resolution of action items is key. More injuries and complaints increase the likelihood of inspections. Try not to give them a reason to show up, but if they do, take the steps described above. Maintaining and following an up-to-date and comprehensive safety and health manual is a good start for preventing injuries in the first place. Written plans are mandatory in California and Washington. Here are resources to help:
- Federal OSHA offers webpages on recommended practices for safety and health programs and hazard prevention and control. Employers in Idaho and Montana are subject to federal OSHA’s jurisdiction. The Arizona Division of Occupational Safety and Health (ADOSH) refers employers to federal OSHA’s resources on this topic.
- Cal/OSHA provides publications on injury and illness prevention programs (IIPPs), which are mandatory in California.
- Oregon OSHA doesn’t require a comprehensive written injury and illness prevention program or accident prevention plan, but does require employers in most industries to establish safety committees or regular employee safety meetings depending on the number of employees at a location. (If you have more than 10 employees at a location, a safety committee is mandatory.) See Oregon OSHA’s webpage and fact sheet on safety committees and meetings.
- Washington Department of Labor and Industries (L&I) Division of Occupational Safety and Health (DOSH) has a webpage on Accident Prevention Plans (APPs), which are mandatory in Washington.
Preventing incidents through a positive safety culture helps minimize surprises and keep employees safe. Vigilant safety professionals can partner with you to review your safety procedures and provide guidance or training where needed.
Touch base with your dedicated Vigilant Safety Professional today, or if you’re not working with us yet, let’s discuss your safety needs.
