Tips for Managing OSHA Inspections

The Occupational Safety and Health Administration (OSHA) is the agency that enforces workplace safety regulations. Minnesota has a state OSHA program under the Department of Labor and Industry, referred to as MNOSHA, as Minnesota has more stringent workplace health and safety rules than federal OSHA. MNOSHA’s stated goals are to improve workplace safety and health through outreach, consultation and enforcement efforts.

Part of the enforcement process includes inspecting establishments for safety violations. For more information about the inspections, visit the Minnesota Department of Labor and Industry website.

Before OSHA knocks on an organization’s door, it is best for the entity to think about how it will respond to an inspection. MCIT loss control consultants and members that have survived OSHA inspections provide tips about how to smooth the process.

Preparation

The first step is for organizations to adhere daily to safety regulations, keep all areas up to their housekeeping standards and maintain records. In particular, entities should keep these items updated:

• OSHA 300 Logs
• Training records
• Written programs including AWAIR (a workplace accident and injury reduction), Minnesota employee right to know, blood borne pathogens and lock out/tag out
• Department of Labor posters; these should also be visible as required

Members are also encouraged to establish an inspection team. Members should prepare all employees about how to behave when an inspector visits. Organizations should determine who will greet the inspector and who will accompany him or her throughout the property.

Employees should be prepared to answer the inspector’s questions directly, briefly and honestly but be instructed not to volunteer any information. No one should speculate if he or she is not sure of an answer. The employee should say, “I’ll check the facts and get back to you.”

Before the Inspection

When the inspector arrives, the inspection team should be notified. The team should ask the inspector for his or her credentials and review  them. If members have any doubts about the credentials, they should contact OSHA.

The inspector should define the scope of the inspection. Employers have the right to know the reasons for an inspection, whether due to an employee complaint or a programmed inspection. If the inspection is due to a complaint, the member should ask for a copy of it and limit the inspection to the complaint’s area.

During the Inspection

Just as the inspector records items during the walkthrough, so should the organization. MCIT encourages members to:

• Take notes on everything that happens during the inspection.
• Photograph whatever the inspector does at the same time. Typically, inspectors do not share their photographs with an organization after the inspection.
• Log documents requested by the inspector.

Members should keep the inspection moving and not engage in discussions during the walkthrough. During the inspection, members should always be polite and truthful when answering questions. Inspectors may be less likely to issue citations to those who are cooperative than to those who appear antagonistic. Additionally, certain actions, such as acting in good faith, can reduce the amount of fines should any be assessed.

If possible, members should correct any deficiencies the inspector notes during the walkthrough or before he or she leaves. Questions and comments—including those about whether something is a violation or not—should be made at the closing conference.

At the closing conference, members should again take detailed notes of the discussion, particularly what the inspector will be citing and how the violations will be characterized. Members can share how they immediately plan to remedy issues noted during the inspection.

After the Inspection

OSHA will send a letter to the entity summarizing the inspection and noting citations. Members should contact OSHA if they do not receive such a letter. MCIT advises members to explore all options regarding financial penalties as outlined in the citation letter. Simply paying the fines may not be the best short- or long-term option.

Members must comply with posting requirements, which may include a notice of citations and penalties, and immediately address and correct violations. Members must also respond to OSHA’s written citation as directed by completing required reports.