How to Prepare for an OSHA Inspection
What employers need to know about OSHA inspections, their rights, and how to respond effectively.
AEA Editorial Team
An OSHA inspection can happen to any employer, whether triggered by a complaint, a referral, or a programmed inspection. Understanding your rights and responsibilities during an inspection helps you protect your business while demonstrating your commitment to workplace safety.
Types of OSHA Inspections
OSHA conducts inspections based on a priority system:
- Imminent danger: Situations where there is immediate risk of death or serious physical harm
- Fatalities and catastrophes: Employers must report fatalities within 8 hours and hospitalizations, amputations, or eye losses within 24 hours
- Complaints and referrals: Formal complaints from employees or referrals from other agencies
- Programmed inspections: Targeting industries with high injury rates or specific hazards
- Follow-up inspections: Verifying that previously cited violations have been corrected
Your Rights During an Inspection
Employers have specific rights when OSHA arrives:
- You may ask to see the compliance officer's credentials
- You may ask about the purpose and scope of the inspection
- You have the right to accompany the inspector during the walkaround
- You may request that the inspector obtain a warrant if they do not have one, though this may delay but not prevent the inspection
- You may designate a representative to accompany the inspector
- You may take notes and photographs during the inspection
- Trade secret information observed during the inspection is protected from public disclosure
During the Inspection
The inspection typically involves three phases:
Opening conference:
- The inspector explains the reason for the inspection
- They describe the scope and procedures
- They request records such as OSHA 300 logs, safety programs, and training records
Walkaround:
- The inspector examines the workplace for hazards
- They may interview employees privately
- They may take photographs, measurements, or samples
- They observe work practices and conditions
Closing conference:
- The inspector discusses apparent violations observed
- They explain the citation and penalty process
- They discuss timelines for abatement
Responding to Citations
If OSHA issues citations:
- You have 15 working days to contest citations, penalties, or abatement dates
- Correct hazards by the abatement dates specified
- Post citations at or near the location of the violation for three working days or until the hazard is corrected, whichever is longer
- Submit proof of abatement as required
- If you contest, the case goes before the Occupational Safety and Health Review Commission
Proactive Preparation
The best time to prepare for an OSHA inspection is before one occurs:
- Maintain current OSHA 300 and 300A logs
- Keep safety training records organized and accessible
- Ensure written safety programs are current and implemented
- Conduct regular self-inspections to identify and correct hazards
- Post required OSHA notices and posters
- Train a management team on inspection procedures and their roles
- Fix known hazards promptly rather than waiting for an inspection to force action