The OSHA compliance officer is limited to the areas identified in the complaint or warrant, together with those areas consented to by the employer. It is important that the inspection be of only the appropriate areas, but a violation in plain view can be cited and may expand the scope of the inspection. The employer representatives should say as little as possible during the inspection Any comments may be used against the employer in later citation proceedings and may compromise defenses available to the employer. The employer should take certain proactive steps during the walk-around inspection. The employer must not take any action against an employee who interviews or cooperates with the OSHA compliance officer.
Retaliation carries extremely heavy penalties under federal and state law.
The company representatives should advise the OSHA compliance officer in advance of any concerns the company has regarding possible trade secrets and other proprietary information. The authority of the OSHA compliance officer is limited. After the walk-around, the compliance officer will conduct a closing conference. An affirmative response to this question may be deemed an admission of a violation and could subject the company to a heavier fine. If an apparent violation cannot be contested in good faith, the company should try to abate it during the inspection.