Whether an OSHA inspection of your workplace is triggered by a workplace injury, a formal complaint or a programmed wall-to-wall inspection, being prepared beforehand will help limit exposure and help defend against any citations that may be issued. A very basic first step is to review and update the written safety plan for your facility or jobsite. Such plans have been long mandated in some states, and are clearly a necessity in today’s workplace no matter the industry. In conjunction with updating the plan, it’s important to develop a protocol for responding to a potential OSHA inspection. Make sure that your receptionist or front office knows whom to contact when that compliance officer comes to the door. If you don’t have a safety director, designate a specific manager(s) to take the lead and make sure that he/she knows exactly how you expect the inspection to proceed from the company’s perspective. Be sure to confirm that your OSHA 300 logs are up to date and posted as required. They’ll be reviewed as part of any inspection. Likewise, have safety committee minutes organized and readily available for review as well. If the inspection is in response to a recent workplace accident, you should also have the incident investigation notes and related material readily available.
Since at least 1978, the U.S. Supreme Court has held that an employer may require OSHA or its state counterpart to obtain a warrant to conduct an inspection of an employer’s premises. Whether to insist upon a warrant is a significant decision that has, as one might expect, serious pros and cons. Among the more significant pros is the possibility of limiting the scope of the inspection and possible dismissal of citations unrelated to the specifics of the warrant. A frequently cited con is the potential that an irritated compliance officer, forced to seek a warrant, will strive to find violations even more. While such conduct is clearly contrary to OSHA’s inspection procedures, human nature may prevail. Unless unique circumstances are present, most employers don’t insist upon a warrant and seek to be as cooperative as possible. Maintaining a cordial relationship with OSHA is always preferable. You and the compliance officer share the same goal — a safe workplace for all of your employees.