A client of mine recently had an unannounced visit from an OSHA compliance officer . The experience was uncomfortable for employer as they had neither anticipated, nor planned for the possibility of an OSHA inspection, so didn’t know what to expect. They are not alone in that regard. So I thought I would share some key tips for working with an OSHA compliance inspector that I picked up from attorneys of Keller & Heckman LLP during ASSP’s Safety 2024 Conference last August.

Do’s

• Get a clear agreement on the scope of OSHA’s inspection and monitor strict adherence to that scope.
• Escort the inspector through the workplace using a path with the least ancillary or collateral issues – otherwise whatever the inspector spots could be fair game.
• Have all requisite safety and health trainings documented and up to date.
• Take your own notes, pictures, and measurements – don’t rely on the inspector’s info and data. Ask questions regarding the calibration of any test equipment that is used by the inspector.
• Fix any identified safety deficiencies on the spot if you are able to do so.

Don’ts

• Do not guess, assume, or otherwise provide answers you are not 100% sure of. It’s OK to tell the inspector. “I don’t’ know”, or “I can get you the answer to that”. Ask for clarification of the inspector’s question if it’s not fully understood.
• Do not answer any potential leading questions by the CSHO. Don’t take the bait, ask inspector to restate the question.
• Don’t demonstrate tasks or routines unless you are authorized. If you do demonstrate, remember your training and do not perform any inadequate or unsafe demonstrations.
• Don’t allow the inspector to interrupt normal business operations (starting offline equipment to allow for closer observation, for example).
• Don’t provide operator’s manuals or safety policies unless you know they are updated and compliant.

Employers need to be aware of their rights during an OSHA inspection and there are many excellent OSH attorneys available to advise your business and establish a plan to handle such events. Be prepared. The OSHA inspection process moves rather quickly, so be sure to have qualified resources on tap if/when needed.  If you need assistance managing your safety compliance program, Elliott Consulting Group can help. Give us a call at 813-771-0532, or email us at info@elliottconsultingflorida.com.