Workplace safety isn’t just important—it’s the law. The Occupational Safety and Health Administration (OSHA) enforces safety regulations through on-site inspections, which can happen anytime, often without warning. These inspections help prevent workplace injuries, illnesses, and fatalities by ensuring employers follow federal safety standards.
An OSHA inspection can be stressful, but understanding what happens during an OSHA inspection can help employers and employees ensure compliance and avoid potential violations. Proper preparation not only reduces the risk of costly fines but also creates a safer work environment.
OSHA inspections follow a structured process, including an opening conference, a walkaround of the worksite, employee interviews, and a review of safety records. This guide will walk through each step, explain employer and employee rights, and provide practical tips on how to prepare in advance—so you can stay compliant and protect your workforce.
What Happens During an OSHA Inspection?
When an OSHA inspector arrives at a worksite, understanding what happens during an OSHA inspection can help employers and employees navigate the process smoothly. Inspections are designed to ensure workplace safety standards are being met and to identify any potential hazards that could put workers at risk.
While some inspections are scheduled in advance—such as programmed inspections in high-risk industries—many are unannounced, triggered by workplace accidents, employee complaints, or referrals. Regardless of how an inspection is initiated, OSHA follows a structured process that includes these five key stages:
1. Opening Conference
2. Walkaround Inspection
3. Employee Interviews
4. Review of Documents & Records
5. Closing Conference
1. Opening Conference
The inspection begins with an opening conference, where the OSHA compliance officer meets with the employer (or a designated representative) to explain the purpose and scope of the visit. During this stage, employers have the right to:
- Verify the inspector’s credentials.
- Request details on the reason for the inspection (e.g., routine check, complaint investigation, incident follow-up).
- Designate an employee or safety officer to accompany the inspector.
The opening conference sets the tone for the inspection. Being cooperative and professional at this stage can create a smoother process. However, if an employer has legal concerns, they may request to delay the inspection until they can consult an attorney—though outright refusal can lead to a warrant being issued.
2. Walkaround Inspection
After the opening conference, the inspector will conduct a walkaround inspection of the worksite. This is where OSHA physically examines the workplace to identify potential hazards, ensure compliance with safety regulations, and assess working conditions. The inspector may:
- Observe equipment, machinery, and overall worksite organization.
- Take photographs, measurements, or samples of potentially hazardous materials.
- Ensure proper use of personal protective equipment (PPE).
- Check for warning signs, safety labels, and emergency exits.
Depending on the workplace size and the nature of the industry, this phase can take anywhere from a few hours to multiple days. If an inspector identifies immediate dangers—such as exposed electrical wires, missing guardrails, or improper hazardous material storage—they may require the issue to be corrected on the spot.
Note: The “Walkaround” Rule allowing union representatives or third parties to accompany OSHA inspectors is currently on the chopping block with the Trump Administration. Read more.
3. Employee Interviews
During the inspection, OSHA officers may request private interviews with employees to gather firsthand information about workplace conditions. These interviews are confidential, meaning employers cannot interfere or retaliate against workers for speaking with OSHA.
During an OSHA inspection, employees have the right to:
- Report safety concerns without fear of retaliation.
- Describe any incidents or near-misses they have experienced.
- Share whether they have received proper safety training.
Employers cannot require employees to have a manager or supervisor present during interviews, nor can they instruct employees on what to say. Interfering with this process can result in serious penalties.
4. Review of Documents & Records
In addition to the physical inspection, OSHA will review workplace safety documentation to verify compliance. Common records that inspectors may request include:
- OSHA Series 300 Forms (records of workplace injuries and illnesses).
- Hazard Communication Programs (including Safety Data Sheets for hazardous materials).
- Training Documentation (evidence that employees have been trained on workplace hazards).
- Emergency Action Plans (protocols for fire, chemical spills, or other emergencies).
Failing to maintain accurate records can result in citations, even if no physical hazards are found during the inspection. OSHA requires most employers with more than 10 employees to keep injury and illness records, unless they fall under specific low-risk industries.
5. Closing Conference
After the inspection is complete, the OSHA officer will hold a closing conference with the employer to discuss their findings. This is where the inspector will:
- Inform the employer of any violations or unsafe conditions found.
- Explain potential penalties or required corrective actions.
- Provide guidance on how to contest citations (if applicable).
If violations are found, the employer will not receive fines on the spot—instead, they will receive an official OSHA report in the following days, detailing citations and deadlines for corrective actions. Employers have the right to contest citations if they believe they are unjust or inaccurate.
For an official breakdown of the OSHA inspection process, visit the OSHA Inspection Fact Sheet.
Employer Rights During an OSHA Inspection
Understanding your rights and responsibilities during an OSHA inspection is crucial for ensuring a fair and efficient process. Employers are granted specific rights to protect their interests, and they also bear responsibilities to maintain a safe workplace.
During an OSHA inspection, you have the right to:
- Request Credentials from the Inspector: Before permitting entry, you can verify the compliance officer’s credentials to ensure they are an authorized OSHA representative.
- Accompany the Inspector: You or your designated representative have the right to accompany the inspector during the walkaround portion of the inspection. This allows you to observe the process and provide necessary information about workplace operations.
- Participate in Management Interviews: During interviews with management personnel, employers have the right to be present, as statements made by management can legally bind the company.
- Be Informed of the Inspection’s Findings: After the inspection, OSHA will hold a closing conference to discuss any violations found and the necessary corrective actions.
- Contest Citations: If you disagree with OSHA’s findings, you have the right to contest citations, penalties, or abatement periods. This process is formal and may require legal representation.
Employer Responsibilities During an OSHA Inspection
Alongside these rights, employers have key responsibilities:
- Cooperation: Employers are expected to cooperate with OSHA inspectors, providing access to the worksite and relevant documents.
- Maintain Accurate Records: Keeping detailed records of workplace injuries, illnesses, and safety protocols is essential. Accurate documentation not only demonstrates compliance but also aids in identifying and mitigating potential hazards.
By understanding and exercising these rights and responsibilities, employers can navigate OSHA inspections more effectively, ensuring both compliance and the safety of their workforce.
What NOT to Do During an OSHA Inspection
Navigating an OSHA inspection requires careful attention to protocol. Certain actions can inadvertently lead to penalties or exacerbate existing issues. To address the common question, “What is something you should not do during an OSHA inspection?” consider the following:
- Refuse Entry to an Inspector Without Legal Consultation: While employers have the right to request a warrant, outright denial of entry can set a confrontational tone and may lead to heightened scrutiny. It’s advisable to consult with legal counsel before making such a decision.
- Provide False or Misleading Information: Honesty is paramount during inspections. Supplying inaccurate information can result in severe penalties and damage the organization’s credibility.
- Deny Employee Interviews: OSHA inspectors often seek to interview employees to gain insights into workplace conditions. Preventing these interviews can be viewed as non-cooperation and may lead to further investigation.
- Hide or Fix Hazards During the Inspection: Making sudden changes or concealing hazards during an inspection can be perceived as acknowledgment of existing violations and may result in increased penalties.
By avoiding these common mistakes, employers can foster a more transparent and cooperative environment during OSHA inspections, potentially mitigating the severity of any citations.
Employee Rights During an OSHA Inspection
Understanding employee rights during an OSHA inspection is crucial for fostering a safe and compliant workplace. Employees are entitled to specific protections that empower them to actively participate in maintaining and improving workplace safety.
Right to Report Safety Concerns Without Retaliation
During an OSHA inspection, an employee may report safety concerns without fear of retaliation. The Occupational Safety and Health Act (OSH Act) prohibits employers from discriminating against employees who exercise their rights under the Act, including reporting unsafe conditions or participating in OSHA-related activities. This protection ensures that workers can voice concerns about workplace hazards without risking their employment or facing other forms of retaliation.
Right to Participate in the Inspection Process
Employees have the right to actively participate in the OSHA inspection process. This includes the opportunity to accompany inspectors during the walkaround, especially if they are authorized employee representatives. If there is no authorized employee representative, OSHA inspectors are encouraged to consult with a reasonable number of employees concerning safety and health matters in the workplace.
Right to Access Workplace Injury and Hazard Records
Employees are entitled to access records related to workplace injuries and hazards. This encompasses the right to review:
- Records of work-related injuries and illnesses.
- Safety data sheets (SDS) for hazardous chemicals.
- Results from workplace hazard monitoring.
Access to these records empowers employees to stay informed about potential risks and to advocate for necessary safety measures.
By understanding and exercising these rights, employees can contribute to a safer work environment and ensure that their concerns are addressed appropriately during OSHA inspections.
How to Prepare for an OSHA Inspection in 4 Steps
Preparing for an OSHA inspection is essential for both employers and employees to ensure compliance with safety regulations and to foster a secure work environment. Proactive preparation can mitigate potential violations and enhance overall workplace safety. Below are actionable steps to help your organization get ready for an OSHA inspection:
1. Conduct Internal Safety Audits
Regular internal safety audits are crucial for identifying and addressing potential hazards before they become violations. These audits involve a comprehensive review of workplace conditions, equipment, and practices to ensure they meet OSHA standards. By systematically evaluating your work environment, you can proactively address issues and demonstrate a commitment to safety.
2. Train Employees on OSHA Standards
Employee training is a cornerstone of workplace safety. Ensure that all employees receive training on OSHA standards relevant to their roles. This includes proper equipment usage, hazard recognition, and emergency procedures. Regular training sessions not only keep safety protocols fresh in employees’ minds but also promote a culture of safety within the organization.
3. Maintain Updated Safety Records
Accurate and up-to-date safety records are vital during an OSHA inspection. Maintain comprehensive records of all safety audits, incident reports, training sessions, and equipment maintenance. Organized documentation demonstrates your organization’s diligence in adhering to safety protocols and can expedite the inspection process.
4. Establish Clear Procedures for Handling an OSHA Visit
Having a well-defined plan for OSHA inspections ensures that your organization can respond efficiently and effectively. Designate specific personnel to interact with inspectors, outline the scope of information to be shared, and establish protocols for employee interviews. Clear procedures help manage the inspection process smoothly and ensure compliance with OSHA requirements.
By implementing these steps, employers and employees can work together to create a safer workplace and be well-prepared for any OSHA inspection.
What Happens After an OSHA Inspection
After an OSHA inspection, it’s essential for employers to understand the subsequent procedures to ensure compliance and address any identified issues effectively. Here’s a detailed breakdown of the post-inspection process:
Receiving the OSHA Report
Following the inspection, OSHA will issue a “Citation and Notification of Penalty” if any violations are identified. This document outlines the specific violations, proposed penalties, and deadlines for correcting the hazards (abatement dates). It’s typically sent via certified mail to ensure receipt. Upon receiving this report, employers should promptly review each citation to understand the nature of the violations and the required corrective actions.
Addressing Citations or Penalties
Employers have several options upon receiving a citation:
- Accept and Correct: If you agree with the citation, take the necessary steps to correct the violation by the specified abatement date and pay any associated penalties.
- Request an Informal Conference: Before deciding to contest, you can request an informal conference with OSHA’s Area Director within the 15-working-day contest period. This meeting provides an opportunity to discuss the citations, penalties, and abatement dates, and can sometimes lead to penalty reductions or adjustments to abatement schedules.
- File a Notice of Contest: If you disagree with the citation, penalty, or abatement date, you must submit a written notice of contest to the OSHA Area Director within 15 working days of receiving the citation. This notice should clearly specify which items are being contested. It’s important to note that oral statements or unsigned letters are not considered valid notices of contest.
Steps for Contesting Violations
If you choose to contest a citation, follow these steps:
- Submit a Written Notice: Ensure your notice of contest is in writing, signed, and postmarked within the 15-working-day period. Clearly identify the specific citations, penalties, or abatement dates you are contesting.
- Await Review Commission Assignment: Once your notice is received, the case is forwarded to the Occupational Safety and Health Review Commission (OSHRC), an independent federal agency that adjudicates disputes between OSHA and employers. An administrative law judge (ALJ) will be assigned to your case.
- Participate in Pre-Hearing Procedures: The ALJ may schedule pre-hearing conferences to discuss settlement possibilities, simplify issues, or address procedural matters.
- Attend the Hearing: A formal hearing will be conducted, where both parties can present evidence, examine, and cross-examine witnesses. While the proceedings are less formal than typical court cases, they follow standard legal protocols.
- Await the Decision: After the hearing, the ALJ will issue a decision, which can be appealed to the full Review Commission and subsequently to the federal courts if necessary.
Implementing Corrective Actions
Regardless of whether you contest a citation, it’s crucial to address and correct identified hazards promptly:
- Abate the Hazards: Take the necessary steps to eliminate or control the identified hazards by the specified abatement dates.
- Document Abatement Efforts: Provide OSHA with abatement certification, which includes the date and method of abatement. In some cases, additional documentation such as photographs, receipts, or reports may be required to verify that the hazard has been addressed.
- Communicate with Employees: Inform affected employees about the abatement activities and ensure they understand any new safety procedures or controls implemented.
By following these steps, employers can effectively navigate the post-inspection process, ensure compliance with OSHA regulations, and maintain a safer workplace for all employees.
Conclusion & Next Steps
OSHA inspections are a critical part of workplace safety enforcement, ensuring that employers maintain safe working conditions and comply with federal regulations. While the process can seem daunting, being prepared, understanding your rights, and taking proactive steps to maintain compliance can make a significant difference in the outcome of an inspection.
Proactive Compliance: Stay Ahead of OSHA Regulations
One of the best ways to avoid citations is to stay informed about OSHA’s evolving standards and enforcement trends. With regulations frequently updated and enforcement efforts shifting focus each year, employers need to keep up with the latest changes. A great way to do this is by reviewing industry reports and expert insights. Check out our white paper for an in-depth look at what’s coming next in workplace safety.
How Corfix Can Help
Managing OSHA compliance manually can be overwhelming—especially for construction professionals juggling multiple job sites, subcontractors, and ever-changing regulations.
Corfix simplifies compliance management with:
✔ Digital safety documentation – Centralize and access required safety records instantly.
✔ Real-time hazard reporting – Identify and address safety issues before they become violations.
✔ Seamless audit trails – Keep track of all compliance efforts, ensuring you’re always prepared for an inspection.
Take Control of Your OSHA Compliance Today
Don’t wait for an OSHA inspection to find gaps in your safety program. Book a Corfix demo today and see how easy it is to stay compliant while keeping your workforce safe.