OSHA inspections are tricky. Since they’re generally the first persons the inspector encounters, your workers must understand not only their own rights but those of the employer. At the very least, you need to be able to count on your workers to ask the inspector to wait until a company representative can get to the scene. Here’s how to make the appropriate arrangements. There’s also a Model Form in the Tools section that tells workers what to do when an OSHA  inspector (or, if you’re from Canada, OHS inspector) shows up at a jobsite unannounced.

Why Preparing Workers for OSHA Inspections Is So Important

The failure of workers to safeguard your rights during an OSHA inspection may result in legal trouble that could easily have been avoided.

Example: An OSHA inspector appears unexpectedly at a construction site. The first thing he does is meet with workers for each of the jobsite’s subcontractors. “Call your boss and tell them the OSHA inspector is here to do an inspection,” he advises. Most of the workers take the inspector’s advice. As a result, just about all of the subcontractors are able to send a high-level manager to the jobsite to check the inspector’s credentials, walk around with him, answer his questions and keep a record of what he sees.

But one of the subcontractors doesn’t get the word. His workers fail to notify him that the inspector has arrived. Worse, one of the workers actually gives the inspector permission to inspect the entire premises without even finding out what the inspector is looking for. When the inspector asks him about the scaffolding, the worker answers the questions the best he can, even though he isn’t legally obligated to provide the information requested. After the inspection, the subcontractor is cited for scaffolding violations that could have been avoided if the worker had contacted a manager or attempted to limit the scope of the inspection [Secy. v. D.H. Shelton & Associates, Inc., OSHRC Docket No. 90-0143, March 30, 1993].

Tell Workers How to Respond to Requests of OSHA Inspectors

Cases like Shelton show why it’s so important to train your workers how to respond when OSHA inspectors appear at your door. One good way to get your point across is to adopt a company-wide policy. Like the one in Tools, your policy should tell workers:

Who to Alert of Inspector’s Presence.OSHA inspections are tricky. Since they’re generally the first persons the inspector encounters, your workers must understand not only their own rights but those of the employer. At the very least, you need to be able to count on your workers to ask the inspector to wait until a company representative can get to the scene. Here’s how to make the appropriate arrangements. There’s also a Model Form in the Tools section that tells workers what to do when an OSHA  inspector (or, if you’re from Canada, OHS inspector) shows up at a jobsite unannounced.

Why Preparing Workers for OSHA Inspections Is So Important

The failure of workers to safeguard your rights during an OSHA inspection may result in legal trouble that could easily have been avoided.

Example: An OSHA inspector appears unexpectedly at a construction site. The first thing he does is meet with workers for each of the jobsite’s subcontractors. “Call your boss and tell them the OSHA inspector is here to do an inspection,” he advises. Most of the workers take the inspector’s advice. As a result, just about all of the subcontractors are able to send a high-level manager to the jobsite to check the inspector’s credentials, walk around with him, answer his questions and keep a record of what he sees.

But one of the subcontractors doesn’t get the word. His workers fail to notify him that the inspector has arrived. Worse, one of the workers actually gives the inspector permission to inspect the entire premises without even finding out what the inspector is looking for. When the inspector asks him about the scaffolding, the worker answers the questions the best he can, even though he isn’t legally obligated to provide the information requested. After the inspection, the subcontractor is cited for scaffolding violations that could have been avoided if the worker had contacted a manager or attempted to limit the scope of the inspection [Secy. v. D.H. Shelton & Associates, Inc., OSHRC Docket No. 90-0143, March 30, 1993].

Tell Workers How to Respond to Requests of OSHA Inspectors

Cases like Shelton show why it’s so important to train your workers how to respond when OSHA inspectors appear at your door. One good way to get your point across is to adopt a company-wide policy. Like the one in Tools, your policy should tell workers:

Who to Alert of Inspector’s Presence. Workers – particularly lower level staff apt to make first contact with the inspector, such as front desk attendants and receptionists -- should be instructed to contact a proper company representative before letting an OSHA inspector into the facility. “A knowledgeable person -- such as a job foreman or business owner -- should always meet with the inspector to determine the scope of his investigation and accompany him through the facility,” recommends a former OSHA inspector. Lawyers say that in most cases an inspector will wait up to 30 minutes for a company representative to come to the jobsite.

What to Ask Inspectors. Tell the appropriate supervisor or manager at a job site to ask the inspector certain key questions to determine what the inspection is about. Example: After discovering that an inspection was prompted by a complaint, a safety representative for a construction company directed an OSHA inspector to the machine that caused the injury and showed him how the company had since made the equipment safer with additional machine guards. The inspector was satisfied to limit his inspection to the area that the complaint focused on.

Key questions to ask an OSHA inspector include:

• What is the scope of the inspection—that is, what does the inspector plan to inspect?
• What’s the reason for the inspection—is it a random visit, a programmed inspection or in response to a complaint?
• What workplace records does the inspector propose to review?
• Which workers and company officials does he want to interview?

If a supervisor or manager isn’t available to ask these questions, the next-highest level official at the jobsite should. Or, somebody should ask the inspector to wait until a company representative arrives.

What to Say to Inspectors. Of course, all workers should be instructed to be courteous and cooperative. But they should also be advised not to befriend the inspector or offer information that isn’t requested. Nor should they offer opinions such as about whether something is in compliance. In addition, instruct workers to keep a detailed record of any conversations they have with OSHA inspectors and list any documents they hand over.

What Rights Workers Have During OSHA Inspections. If an OSHA inspector does interview your workers, make sure they know they can have a lawyer or company representative present at the interview. This is important because it protects your company and lets you know what the inspector may use in a subsequent prosecution.

Conclusion

You can use the Model Policy in Tools to prepare your workers for OSHA inspections. Although it’s written with the U.S. OSHA inspection process in mind, it can be easily adapted for a Canadian OHS inspection. Distribute this policy to first line supervisors and other workers whom an inspector is likely to encounter. Be sure to adapt the policy to meet your company’s requirements and the laws of your state or province. And show the policy to your lawyer before distributing it. Workers – particularly lower level staff apt to make first contact with the inspector, such as front desk attendants and receptionists -- should be instructed to contact a proper company representative before letting an OSHA inspector into the facility. “A knowledgeable person -- such as a job foreman or business owner -- should always meet with the inspector to determine the scope of his investigation and accompany him through the facility,” recommends a former OSHA inspector. Lawyers say that in most cases an inspector will wait up to 30 minutes for a company representative to come to the jobsite.

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