Phone/Fax Investigations

OSHA carefully prioritizes all complaints it

receives based on their severity. For lower-priority hazards, with permission of a complainant,

OSHA may telephone the employer to describe

safety and health concerns, following up with a

fax providing details on alleged safety and health

hazards. The employer must respond in writing

within five working days, identifying any problems found and noting corrective actions taken or

planned. If the response is adequate and the

complainant satisfied with the response, OSHA

generally will not conduct an on-site inspection.

Onsite Inspections

Preparation—Before conducting an inspection,

OSHA compliance officers research the inspection

history of a worksite using various data sources,

review the operations and processes in use and

the standards most likely to apply. They gather

appropriate personal protective equipment and

testing instruments to measure potential hazards.

Presentation of credentials—The onsite inspection

begins with the presentation of the compliance

officer’s credentials, which include both a photograph and a serial number.

Opening Conference—The compliance officer will

explain why OSHA selected the workplace for

inspection and describe the scope of the inspection,

walkaround procedures, employee representation

and employee interviews. The employer then

selects a representative to accompany the compliInspection Priorities

OSHA cannot inspect all 7 million workplaces it

covers each year. The agency seeks to focus its

inspection resources on the most hazardous

workplaces in the following order of priority:

1. Imminent danger situations—hazards that

could cause death or serious physical harm—

receive top priority. Compliance officers will ask

employers to correct these hazards immediately—

or remove endangered employees.

2. Fatalities and catastrophes—incidents that

involve a death or the hospitalization of three or

more employees—come next. Employers must

report such catastrophes to OSHA within 8 hours.

3. Complaints—allegations of hazards or violations

also receive a high priority. Employees may

request anonymity when they file complaints.

4. Referrals of hazard information from other

federal, state or local agencies, individuals,

organizations or the media receive consideration

for inspection.

5. Follow-ups—checks for abatement of violations cited during previous inspections—are also

conducted by the agency in certain circumstances.

6. Planned or programmed investigations—

inspections aimed at specific high-hazard

industries or individual workplaces that have

experienced high rates of injuries and illnesses—

also receive priority.

FactSheet

OSHA Inspections

The Occupational Safety and Health Administration is committed to strong, fair

and effective enforcement of safety and health requirements in the workplace.

OSHA inspectors, called compliance safety and health officers, are experienced,

well-trained industrial hygienists and safety professionals whose goal is to assure

compliance with OSHA requirements and help employers and workers reduce

on-the-job hazards and prevent injuries, illnesses and deaths in the workplace.

Normally, OSHA conducts inspections without advance notice. Employers have

the right to require compliance officers to obtain an inspection warrant before

entering the worksite.
ance officer during the inspection. An authorized

representative of the employees, if any, also has

the right to go along. In any case, the compliance

officer will consult privately with a reasonable

number of employees during the inspection.

Walkaround—Following the opening conference,

the compliance officer and the representatives will

walk through the portions of the workplace covered

by the inspection, inspecting for hazards that could

lead to employee injury or illness. The compliance

officer will also review worksite injury and illness

records and posting of the official OSHA poster.

During the walkaround, compliance officers may

point out some apparent violations that can be

corrected immediately. While the law requires

that these hazards must still be cited, prompt

correction is a sign of good faith on the part of the

employer. Compliance officers try to minimize

work interruptions during the inspection and will

keep confidential any trade secrets they observe.

Closing Conference—After the walkaround, the

compliance officer holds a closing conference

with the employer and the employee representatives to discuss the findings. The compliance

officer discusses possible courses of action an

employer may take following an inspection, which

could include an informal conference with OSHA

or contesting citations and proposed penalties.

The compliance officer also discusses consultation and employee rights.

Results

OSHA must issue a citation and proposed penalty

within six months of the violation’s occurrence.

This is one in a series of informational fact sheets highlighting OSHA programs, policies or

standards. It does not impose any new compliance requirements. For a comprehensive list of

compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal

Regulations. This information will be made available to sensory impaired individuals upon request.

The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

Citations describe OSHA requirements allegedly

violated, list any proposed penalties and give a

deadline for correcting the alleged hazards.

Violations are categorized as other-than-serious,

serious, willful, repeated and failure to abate.

Penalties may range up to $7,000 for each serious

violation and up to $70,000 for each willful or

repeated violation. Penalties may be reduced

based on an employer’s good faith, inspection history, and size of business. For serious violations,

OSHA may also reduce the proposed penalty

based on the gravity of the alleged violation. No

good faith adjustment will be made for alleged

willful violations.

Appeals

When OSHA issues a citation to an employer, it

also offers the employer an opportunity for an

informal conference with the OSHA Area Director

to discuss citations, penalties, abatement dates or

any other information pertinent to the inspection.

The agency and the employer may work out a

settlement agreement to resolve the matter and to

eliminate the hazard. OSHA’s primary goal is

correcting hazards and maintaining compliance

rather than issuing citations or collecting penalties.

Alternatively, employers have 15 working days after

receipt of citations and proposed penalties to formally contest the alleged violations and/or penalties

by sending a written notice to the Area Director.

OSHA forwards the contest to the Occupational

Safety and Health Review Commission for independent review. Alternatively, citations, penalties

and abatement dates that are not challenged by the

employer or settled become a final order of the

Occupational Safety and Health Review Commission.

U.S. Department of Labor

www.osha.gov

(800) 321-OSHA

For more complete information: