Dos And Don’ts For A Smooth OSHA Inspection Process - Complete Checklist

Before the Inspection

Don't:

• Falsify reports. You could face criminal charges if you try to hide or manipulate data on OSHA 300 logs or other records. OSHA inspectors can verify the accuracy of your reports by interviewing workers and checking medical records.
• Fire a worker for absence due to a work-related injury. This violates the OSHA Act and could result in a discrimination complaint. Workers have the right to report injuries and illnesses without fear of retaliation. You should provide reasonable accommodation and medical care for injured workers.

Do:

• Protect your trade secrets. You don’t want to expose your confidential information to OSHA inspectors or competitors. You should identify and label any records that contain trade secrets, such as safety audits, before the inspection. You can request that the inspector keep the records confidential or limit access.
• Get a reputable safety and health consultant or director. You need someone to help comply with OSHA standards and improve your safety culture. You should ask for recommendations from other employers or industry associations. You should check the qualifications and reputation of the consultant or director. OSHA inspectors can tell who is serious about safety and who is not.
• Review your policies and procedures. You must have clear and consistent policies and procedures for safety and health. You should ensure they are aligned with OSHA requirements and best practices. You should train your workers and managers on how to follow them. You can’t blame employee misconduct for safety violations if your policies and procedures are poorly implemented.

When OSHA Knocks

Don't:

• Block or delay inspections as that may be viewed as obstruction with criminal penalties. You could face legal consequences if you refuse to let the inspector in or make them wait for a long time. OSHA inspectors can enter your workplace without a warrant unless you have a valid reason to deny entry.
• Lie or coach employee responses; honesty is crucial. If you provide false or misleading information to the inspector or tell your employees what to say, you could be charged with fraud or perjury. OSHA inspectors can verify the truthfulness of your statements by checking records, documents, and witnesses.

Do:

• Show courtesy to the inspector, fostering open communication. This can help you build a positive relationship with the inspector and avoid unnecessary conflicts. You should greet the inspector politely, offer them a comfortable workplace, and answer their questions honestly and respectfully.
• Ask questions to understand the inspection process and hazards. This can help you prepare for the inspection and ensure compliance with OSHA regulations. You should ask the inspector about the scope, purpose, and duration of the inspection, the hazards they are looking for, and the standards they are applying.
• Take pictures during the inspection for citation defense. This can help you document the inspection process and provide evidence for citation defense. You should take pictures of the same areas and conditions the inspector photographs and any corrective actions you take during or after the inspection.
• Allow an employee representative, such as a union official or a safety committee member, to participate and accompany the inspector during the walkaround and the closing conference. This can help you ensure that the inspection is conducted properly and that your employees’ rights are protected.

After the Citation

Don't:

• Assume safety after a lull; OSHA can take up to six months to issue a citation. If you don’t hear from OSHA after the inspection, don’t assume you are off the hook. OSHA has up to six months from the date of the violation to issue a citation and propose a penalty. You should keep improving your safety and health program and correcting any hazards you identified during the inspection.
• Fail to abate, risking increased penalties for not addressing cited hazards. If you receive a citation, you must correct the cited hazards within the specified time frame or request an extension if you need more time. If you fail to abate the hazards, you could face additional penalties each day the violation continues.
• Presume bias; inspections can be random, based on complaints, incidents, or observed hazards. Don’t assume that OSHA is targeting you unfairly or arbitrarily if you receive a citation. OSHA conducts inspections based on several factors, such as injury and illness rates, employee complaints, referrals, imminent dangers, or high-risk industries. You should focus on addressing the citation and improving your safety and health performance rather than blaming OSHA or others.

Do:

• Post the citation as required and use it as an opportunity to address deficiencies. This can help you comply with the law and show your employees that you care about their safety and health. Your employees may already know (or have reported) the hazard, so you should acknowledge any problems and fix them immediately.
• Evaluate the pros and cons of contesting. You have only 15 business days to decide whether to challenge the citation. You may want to contest if the citation involves high penalties or major changes to your business operations. But you may also want to avoid contesting if the violation is not serious or if you can correct it easily. You should consult a qualified lawyer to help you make the best decision.
• Seek an informal conference and negotiate a settlement. You can request a meeting with the OSHA area director and try to resolve the citation without going to court. You may get a reduction, grouping, or deletion of the penalties if you show good faith and cooperation. You should be prepared with relevant information and evidence about the regulations, the hazards, and the abatement methods.
• Apply for voluntary compliance programs and enjoy the benefits. If you have a strong safety and health program and a low rate of injuries and illnesses, you may qualify for the Voluntary Protection Programs or the Safety and Health Achievement Recognition Program. These programs recognize and reward employers who go beyond the minimum OSHA standards. If you join these programs, you will be exempt from regular inspections and save money on workers’ compensation, insurance, and other costs. You will also gain a competitive edge as a preferred employer and contractor.

Avoid Retaliation Claims

Don't:

• Fire workers for work-related injuries or retaliate against whistleblowers. This violates the OSH Act and could result in a discrimination complaint. Workers can report injuries and illnesses, file complaints, participate in inspections, and exercise their safety and health rights without fear of retaliation. You should provide reasonable accommodation and medical care for injured workers and protect the identity and confidentiality of whistleblowers.
• Go easy on safety violators; maintain internal disciplinary programs. If employees violate your safety and health rules or procedures, you should not ignore or condone their behavior. This could create a culture of non-compliance and endanger other workers. You should have a clear and consistent disciplinary program for all employees, regardless of their position or seniority. You should also provide regular training and feedback to your employees on safety and health issues.

Do:

• Be on your best behavior to avoid retaliation perceptions. Even if you don’t intend to retaliate against your employees, you could create a perception of retaliation by your actions or words. You should avoid negative or hostile treatment of your employees, such as demoting, transferring, isolating, or harassing them. You should also avoid any positive or favorable treatment of your employees, such as promoting, rewarding, or praising them. You should treat your employees fairly and objectively based on their performance and qualifications.
• Be hands-off with complainants and interviewees to prevent a retaliatory perception. If you have employees who file complaints or interview with OSHA, you should not interfere with their involvement or influence their responses. You should respect their right to cooperate with OSHA and provide truthful information. You should also refrain from asking them about the details of their complaints or interviews or making any comments or jokes about them. You should maintain a professional and respectful distance from them.

ComplianceQuest’s OSHA inspection checklist is a tool that helps employers assess their work conditions, find and fix any safety violations, and prevent hazards and injuries. This checklist includes various topics to check workplace safety thoroughly.

To enhance your safety performance and culture and to get ready for OSHA inspections, you can reach out to us here: https://www.compliancequest.com/contact-us/