Insight

An OSHA Inspector Is in My Lobby and They Want to Inspect. What Do I Do?

OSHA Inspection FAQs
Brenton D. Soderstrum

Brenton D. Soderstrum

March 16, 2017 11:54 AM

Are you going to require a warrant?

The advantages to requiring a warrant to inspect are that if there is a problem you are aware of and you can fix it quickly then you can avoid some citations. The disadvantages to requiring the inspector to go to court to get a warrant is that by causing the inspector to do the extra work they are going to come back with an attitude. They also will assume there are things wrong. If you require a warrant once you will also get the reputation of requiring a warrant and the next time they will show up with one already.

Are you prepared for an OSHA inspection?

You should follow the OSHA inspector during the inspection. When they take a picture, you take a picture of the same thing. Better yet you can video the inspection. Ask the inspector why they are there.

There are four reasons for an inspection and the inspector will tell you which one is applicable:

  1. An employee complaint. Request to see it. They won’t tell you who the employee was who complained, though. Even if you think you know don’t retaliate because that will lead to increased fines.
  2. Fatality or accident. You should have been the one to report this to OSHA.
  3. A programmed inspection. Your company came up for a random inspection.
  4. Eminent danger. There are observable safety concerns that are apparent to the public.

Breakdown of an inspection.

The inspection will begin with an opening conference. The inspector will tell you why they are there and what will happen. If your employees have a union, the union representative will be there. If you have any trade secret concerns voice them now so the inspector can ensure they are protected. The inspector will interview employees (which you are not able to sit in on unless they are management), physical inspect your facility. Make sure everyone is wearing the proper protective equipment, including the inspector, during the inspection. The inspector will review documents which will include your safety programs, OSHA 300 logs, records of your training and Right-to-Know documents. The inspection, which could last a few hours or several weeks, ends with a closing conference. The inspector will tell you generally what problems they found. They will not tell you what citations you will receive or how much the penalty will be. They will answer any safety questions you may have.

The aftermath of an OSHA inspection.

Within 90 days of the closing conference, you will receive your OSHA citations in the mail. You will have 15 business days from the date you receive them to either accept the citations or contest them. Before the deadline for contesting the citations arrives you should set up an informal conference with OSHA. They will reduce the fine and/or the categorization of the citations to settle with you. If you are unable to settle you should file your notice of contest. You will then receive a Complaint which you have to file an Answer to. It then becomes like a lawsuit with discovery including depositions and a hearing in front of an administrative law judge.

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky