Preparing for an inspection by the Occupational Safety and Health Administration (OSHA) is like preparing for an emergency. You do not want to wait until the event occurs to figure out what to do.

You should plan for and periodically address OSHA inspections in your training programs. Employers and employees have rights under the Occupational Safety and Health Act (OSH Act), including during a workplace safety inspection.

Who conducts OSHA inspections?

Compliance safety and health officials (CSHOs) are sometimes known as “compliance officers” or “OSHA inspectors.” CSHOs conduct inspections to ensure employers follow federal and state health and safety regulations. They identify potential workplace hazards, examine equipment and operational procedures, and check documentation and training records. They inspect workplace conditions, interview employees and enforce compliance with OSHA standards. CSHOs also educate employers on how to improve safety.

How OSHA prioritizes inspections

OSHA prioritizes its responses and inspections as follows:

  1. Imminent danger (workers face immediate risk of death or serious harm)
  2. Employee injuries, illnesses, catastrophes or death (incidents have already occurred)
  3. Complaints from workers (not every complaint results in an investigation)
  4. Referrals from federal, state or local agencies
  5. Target industry inspections selected randomly (such as the National Emphasis Programs, which focus on certain hazards and high-risk industries)
  6. Follow-up inspections (to ensure previously identified safety citations have been corrected)

OSHA gives top priority to imminent danger inspections because the employer can still prevent worker injury.

OSHA gives second priority to incidents that have already occurred so they can immediately investigate and prevent further injury.

Complaints, referrals, and targeted and follow-up inspections are conducted in order of importance.

You might even invite an inspection if you’re applying to OSHA’s Voluntary Protection Programs (VPP). The VPP recognizes employers and workers in private and federal industries for maintaining injury and illness rates below national industry averages.

Regardless of the reason for the inspection, there are specific actions you can take and plan for.

Check your compliance with the regulatory standards

Every OSHA inspector has the right to request and obtain certain documents. Have these documents readily available. If you are not sure what they are or whether you have them ready for an inspector to view, download a checklist of required OSHA documents and conduct an internal audit. Find or create them, and ensure they are current. (For example, check emergency phone numbers, leadership names and titles, etc.)

Know what an inspector can ask to see

Never just open your cabinet drawers or computer files thinking you have nothing to hide. That will not benefit you.

There are mandatory documents and nonmandatory documents. The mandatory documents are what the regulations and law state you must have and show to an inspector upon request. Examples are your:

  • 300A injury summary
  • Chemical inventory list under OSHA’s hazard communication standard
  • Required written plans (OSHA has a Sample Programs resource to help you create written programs for various hazards and industries.)
  • Training records on chemicals and first aid
  • Crane and forklift certifications
  • Medical surveillance and exposure records

Many of OSHA’s Top 10 Most Frequently Cited Standards involve employers who have nonexistent or out-of-date written plans or procedures. While companies should be working to avoid the citations that are repeated every year, that doesn’t seem to be the case. OSHA’s Top 10 rarely change.

Many of OSHA’s Top 10 Most Frequently Cited Standards involve nonexistent or out-of-date written plans or procedures. Examples include the lockout/tagout (LOTO) and hazard communication standards. OSHA’s Top 10 rarely changes. Review OSHA’s Inspections within Industry database for real-life examples of OSHA enforcement investigations.

Keep nonmandatory documents to help you comply with mandatory items

One of the first things an OSHA inspector will ask to see is the “Job Safety and Health: It’s the Law” poster. It’s mandatory and they will cite you if you don’t have it displayed in an area that all employees can see, and in a language they understand. OSHA offers free posters in multiple languages on its website.

An OSHA inspector will explain the reason for their visit and provide you with a document explaining the areas and documents they will inspect. An inspector normally cannot be privy to nonmandatory documents unless they are part of a complaint or criminal investigation. Even then, the inspector must have cause to review them and documentation that says they can.

Nonmandatory documents include internal audit records, calibration records for sensors and monitors, industrial hygiene sampling results and training syllabi. Remember, these documents can be discoverable for certain investigations, but you should never offer them up voluntarily.

Do not allow an OSHA inspector to wander your facility or areas they do not need to see. They can report what they see, even if it’s not on their list. Stick to the named areas only. Train your employees on where to take an OSHA inspector to wait for management’s arrival. A conference room with a door that does not have a view to the rest of your facility is best.

Always be polite to OSHA inspectors.

Document risk assessments

Include a personal protective equipment (PPE) risk assessment with your document audit. If you issue PPE for known hazards, you must have a document demonstrating:

  • Why you need PPE
  • What PPE you need
  • Which work areas or assigned tasks it applies to

Not having this assessment sets you up for trouble.

Also document workplace examinations and mobile equipment pre-shift inspections. Keep the most recent two weeks’ worth to prove your employees do them but don’t retain months’ or years’ worth.

Train your employees on what to expect from an OSHA inspection

During an inspection, the inspector will interview employees privately. They might ask questions like the following:

  • Have you been trained on your OSH Act rights and how to report a safety and wellness complaint?
  • Do you know your whistleblower rights (and that your employer must not retaliate against you if you file a complaint?
  • Have you been trained on emergency action plans, first aid, chemical safety, PPE, LOTO procedures, etc.?
  • Do you know where to find the safety data sheets for all chemicals used on site?
  • Does your employer provide you with PPE for the job, free of charge?
  • Have you been given fire extinguisher training if you are expected to fight fires?
  • Do you know the proper evacuation procedure for a fire or where to shelter inside during a natural disaster?

Employees also have the right to request union representation or speak with an OSHA inspector privately without fear of retaliation from you.

Develop and follow a written document retention and destruction policy

You’ll need to retain training and incident recordkeeping documents for five years. But when a document ages out, immediately shred or delete it from your files.

Keep personally identifiable information (PII) out of your incident reports. You’re still liable for exposing personal data when submitting documentation to OSHA. Anonymize employees’ PII by referring to workers as “Worker 1” or “Worker 2” instead of using names. Ask your human resources team for help.

If an OSHA inspector comes to your business

A surprise inspection can be stressful, but you should never react angrily. Always be polite.

Ask to see their badge and identification number. Call the number of your state or federal OSHA office to check their credentials, including their name and badge ID. Scams involving people impersonating OSHA inspectors and other officials have happened. (Don’t rely on the contact number on the back of the badge in case it’s a fraud.)

Usher them to a conference room or another area separate from your general work areas. Remember, any area you show them could end up in a report.

Gather your team to meet with the OSHA inspector. The inspector will explain the reason for the inspection and the areas and documents they will inspect.

Only produce the documents the inspector must review while on site. These may include:

  • Incident and injury logs and summaries
  • OSHA poster
  • Training records (five years)
  • Written safety programs (emergency action plan, hazard communication plan, etc.)
  • Safety data sheets
  • Chemical inventory
  • Medical surveillance programs and records (hearing tests, X-rays, blood samples, respirator fit tests, etc.)

Be careful about disclosing sensitive information. Remember to redact Social Security numbers and other PII from employee records and inform the OSHA inspector that you’ve done so.

Include your employees in safety planning and self-audits

Preparing for an OSHA inspection helps you identify workplace hazards before they become a problem. OSHA has a no-cost, confidential On-Site Consultation Program to help smaller businesses.

Let your employees help you identify hazards and offer front-line suggestions on how to address them. You’ll gain staff buy-in because they’ll see you take safety seriously.

Your modeled behaviors will set the pace for health and safety. Eventually, your employees will make safety a natural part of the workday, taking corrective action when they see unsafe behaviors. That means fewer illnesses and injuries and a happier, more productive workforce.