Tips For Dealing With The Inspector

1.     Be prepared for an inspection at any time:  Have your HAZCOM plan, safety plan, OSHA 200, OSHA 100 and other relevant safety records updated and available for review at a moment's notice.

2.     Conduct periodic self-assessments:  OSHA's Consultation Service and private safety consultants can help you identify potential hazards and correct them before you get cited for a violation.  You can call on the Consultation Service without fear that it will trigger an inspection or increased scrutiny; its records are confidential.

3.     Adopt a written company safety policy:  Your top management should pledge its support for a safe workplace and encourage all employees to maintain safe work habits.  Make poor employee safety habits grounds for counseling and discipline.

4.     Train for safety:  Regular safety training to familiarize employees with the company's HAZCOM plan, safety plan, and safe work procedures pays off; OSHA can be more flexible with employers who train, even if a violation is noted. 

5.     Do not refuse access:  OSHA inspectors can get administrative search warrants to gain access.  Statistics show that employ­ers who refuse access get cited more frequently, more severe­ly, and with higher fines. 

6.     Develop a rapport with the inspector:  It does no good to treat him/her as the enemy.  If you display a positive, cooperative attitude in the opening conference, you will probably find the inspector more willing to overlook minor violations. 

7.     Ask for credentials:  Salesmen posing as inspectors have tried to gain access to businesses in this manner.  State and federal OSHA inspectors carry proper identification to all inspections. 

8.     Ask to see the complaint:  If the inspection was prompted by a complaint, ask to see it.  The inspector is not obligated to tell you who lodged the complaint, but you are entitled to know what has been alleged. 

9.     Include other responsible parties:  In multi-employer workplaces, invite subcontrac­tor representatives to the opening conference and walkthrough.  Include the shop steward or other employee representative too.  Emphasize that they also have a stake in the outcome of the inspection.

10.   Do not try to steer the inspector during the walkthrough:  Conduct the opening conference in a management office, if possible, but allow the inspector to conduct the walkthrough as he/she deems appropriate. 

11.   Remember that employee interviews are confidential:  The inspector has a right to interview employees in private and without a representative of management present.  Give the inspector credit for knowing how to distinguish valid complaints from those that are not.

12.   Make your own record of the inspection:  If the inspector takes sound level measure­ments, or takes photographic or video evidence of conditions in the workplace, make your own simultaneous record of those conditions.  You may need that information later to contest the citation or apportion responsibility in multi-employer workplaces.

13.   Make good use of the closing conference:  Request a meeting with the inspector after the walkthrough to discuss potential violations and characterization of violations.  You may be able to negotiate a reduction in severity or abatement requirements at this level.  You may also be able to satisfy the inspector's concerns on questionable items and avoid a citation altogether.  At the very least, you will learn the basis for a citation so that you can start preparing your defense.

14.   If you need more time to abate, ask for it:  The inspector has some discretion on the abatement period for hazards that do not pose an imminent danger.  If you are cited for a condition that will be difficult to abate, discuss your needs and the potential difficulties with the inspector to justify a more appropriate abatement period.

15.   Do not forget to post the citation:  The inspector will follow up with employees to make certain the citation was posted as required by OSHA.  Additional fines can be imposed for failure to post.

16.   Notify OSHA that you have abated the violation:  Additional penalties can be imposed for failure to abate a violation.  Make sure OSHA knows that you have corrected the condition that prompted the citation, even if you contest the citation itself.

17.   File your protest within the time allowed: You must file your protest within 15 working days of receiving the citation, even if you intend to request an informal conference or settle the citation without further appeal.  Do not forfeit your rights to contest the basis for the citation, characteriza­tion of the violation, amount of the fine, and abatement period.