When OSHA Visits, Part 1: They Show Up At Your Door
The dreaded event occurs: OSHA arrives to check out your facility. As a client of My HR Guy, you’ve gotten advice and resources to prepare for this and minimize the concerns… but what do you do when they’re actually standing in your lobby? Here are some tips for what to expect on the day they arrive.
First, did you do the basics to protect your business?
Even though we’re talking about OSHA’s actual visit, we need to remind you of the critical items to put into place ahead of time. These include a safety manual, regular safety training, SDS files, PPE, an OSHA 300A form if appropriate, and the part everyone forgets: a paper trail of documented accountability (write-ups, terminations over safety, etc.). My HR Guy provides you with a complete safety training program and resources to help with accountability, but the actual implementation and enforcement is on you.
Remember that OSHA’s authority is over the employer, not individual employees. If an employee breaks a rule and gets injured despite your rules and processes to keep workers safe, that won’t count against the business. This is called the "unpreventable employee misconduct" affirmative defense, and it requires you to show four things: you had a rule, you communicated it, you looked for violations, and you enforced it. As long as you have the documentation to prove these four things, you shouldn’t be in trouble if an employee goes rogue and gets himself hurt.
Next, do you know why OSHA is there?
Typically, OSHA arrives for one of three reasons:
Due to a complaint (from anyone – current employee, former employee, customer, etc.)
After a required self-report from a serious injury
“Bad Luck” (a programmed/random inspection)
OSHA won’t always tell you which of these reasons led to their visit, but you can ask. With a complaint you have the right to see a copy (with the complainant's name removed), so ask for that if appropriate. Be aware that the construction industry, which includes residential service providers, is OSHA’s most-inspected sector. Their priority order for reviewing is looking for imminent danger, then fatalities/catastrophes, then complaints, and finally programmed inspections.
So what do you do when OSHA is on-site?
Designate a point person ahead of time (owner, safety officer, etc.) who will remain calm and professional, and have this person greet the inspector and stay with them throughout the entire visit. The point person should plan to take notes on everything that happens during the visit, documenting whatever the inspector seems to find noteworthy (photographs taken, things noted, etc.).
Every inspection begins with an “opening conference” where you can verify the inspector’s credentials and ask the reason for the visit.
You can legally require a warrant before letting them in, but we don’t recommend it. They usually get the warrant they need anyway, so all you’ve done is cause a delay... and you probably made them want to dig deeper into your business to figure out why you wouldn't let them in.
We recommend you immediately escort the inspector to a private or semi-private room, like a break room, where you keep all the relevant resources (we’ve got this documented for you as part of our recommended Employee Resource Center setup). Let them know “if you need something, we’ll bring it to you.” If at all possible, DO NOT consent to let them to tour the whole facility, since they can hunt for whatever they want, and anything they happen to spot is fair game. If you agree to let them wander around – or if they get a warrant to do so – you can’t take that back. Feel free to say “I’m not willing to expose trade secrets” as a reason to keep them contained, and maintain a friendly tone so they may decide it’s not worth the fight to demand a tour.
Inspectors are allowed to pull employees aside for private interviews. This is why your day-to-day training and accountability matter – your employees should tell the same story about safety that you’ve been telling. If you’ve got an impressive pile of safety training materials for the inspector to approve but your employees have never seen them before, that’ll quickly become obvious.
If the inspector points out something fixable, like a missing guard or a blocked exit they happen to see, fix it right then if possible. It'll still get cited, but quick correction shows good faith on your part, which will be important for the final write-up.
Before leaving, the inspector will have a “closing conference” to walk you through what they found. They usually won’t tell you how critical these items were, or the potential penalty dollar amounts, but you get an overall summary. Be polite, and wait on next steps.
At any point, reach out to us at My HR Guy for help and guidance! And stay tuned for When OSHA Visits, Part 2, where we'll outline what to do AFTER the visit to avoid the most common (and expensive) mistakes that businesses often make.
