Do you know what to do when eye-to-eye with an OSHA inspector? When an OSHA inspector comes knocking on your door, it is wise to be prepared--know what to expect and what to do to protect yourself in the process. We picked up these tips at a recent Connecticut Business and Industry Association conference concerning safety inspections.

The Inspection Process

An OSHA inspection is a four-stage process that includes:

• Presentation of OSHA inspector credentials
• Opening meeting
• Inspection walkaround
• Closing meeting

OSHA Inspector Credentials

Frontline personnel need to be trained on how to handle a person claiming to be from OSHA, i.e., make sure to see their credentials. In general, OSHA inspectors will:

• Show their credentials (business cards are not enough-in fact, if someone shows a card that says "OSHA" but doesn't show credentials, the company should call the FBI with the information. Last year, a woman falsely presented herself as an OSHA inspector at companies in Massachusetts and Connecticut.)
• Explain why they are at your facility.
• Ask to see the highest ranking company officer available that day.
• Ask to see the employee representative, e.g., union steward.

Opening Meeting

Once on company property, inspectors hold an opening meeting with company and union officials to let them know what to expect during the inspection. At the opening meeting, inspectors will:

• Fill out paperwork
• Explain why they are at your facility
• Explain that employers have the right to do everything the inspector does, e.g., taking photos
• Explain that employers have the right to ask that certain photos, videos, or other materials be labeled as "trade secret," and thus confidential, even under the Freedom of Information Act (FOIA)
• Explain that a company officer and union or other employee representative can go on the walkaround BUT that the inspector has the right to dismiss anyone who is disruptive to the inspection process
• Explain that whoever goes on the walkaround can be subpoenaed in court

The Walkaround

The walkaround is exactly what you'd expect-the inspector, accompanied by the company officer and employee representative, walk through the workplace checking for potentially hazardous working conditions and violations.

Tip: OSHA inspectors must supply their own personal protective equipment (PPE).
The first thing inspectors look for are correct and up-to-date employment law posters.
They also look for written plans, such as safety, evacuation and emergency preparedness, hazard communication, and bloodborne pathogens.

Tip: OSHA now accepts evacuation programs that are in compliance with NFPA 101.
Inspectors will also check your OSHA logs for records of work-related injuries and illnesses along with accompanying documentation.

Closing Meeting

After the walkaround, inspectors conduct a closing meeting in which they:

• Go over notes, safety hazards, and citations
• Set abatement dates for fixing the problems
• Explain employers' rights and responsibilities

After the meeting, inspectors write a report with recommendations and give it to the Area Supervisor, who reads it and makes changes, if warranted. The report is then sent to the Area Director, who reads it and makes changes, if warranted, and signs it. ONLY THEN does any citation in the report become valid.

The report is sent by registered mail to the employer, who has 15 days to respond to any citations.

Tip: A new bill that recently passed the House of Representatives would give employers additional time to contest citations.

Make Sure You Are Heard

It is highly recommended that company representatives go to OSHA for an informal conference during the 15-day period to discuss the report, protest citations, get penalty amounts lessened or the classification lowered, and abatements extended. It's in the company's best interest to have one of these informal meetings because what's discussed in these meetings cannot be used in court, so you can air your protests and get assistance.

Scheduled: Regional offices receive the Bureau of Labor Statistics list of site-specific targeted facilities to be inspected from federal OSHA. The listed facilities are to be inspected by December 31. The regional office recalculates the statistics to make sure they are accurate. A frequent error occurs when a company classifies itself under the wrong SIC code and an inspection is triggered but doesn't really qualify for inspection.

Accident/Complaint: These are in response to specific issues; inspectors will indicate what that issue is when they explain their reason for being at the company. Inspectors can cite any hazards they see en route to the specific investigation so be sure to bring inspectors via the most direct route and do not wander around the company.

Referral: These may be from another government agency, such as a fire marshall or the police department. Or they can be an internal referral from an inspector, who wants a specialist to look at a specific area.

Monitoring: These are to ensure that companies are meeting their abatement schedules.

Special Emphasis Programs: Trenching is an example of a federal special emphasis. Again, inspectors can cite anything they see while on a special emphasis inspection.

Focus Inspection: These are for construction only.

Imminent Danger: OSHA inspectors can point out imminent danger but do not have authority to stop operations. However, they can go to a judge and get a temporary restraining order that requires the facility to cease the dangerous operation.

Criminal Investigations: This involves two parts: a civil inspection conducted by OSHA and a criminal investigation by the U.S. Attorney General.