OSHA Inspections: What to Expect, and How to Be Prepared

Important Note
The information below is intended only to inform and not to be a substitute for the reader's seeking legal counsel. Any information given here should be examined by the reader's attorneys as to such information's applicability.

The Occupational Safety and Health Administration (OSHA) will probably not visit your foodservice establishment for a routine inspection. However, if a complaint is registered against your facility or after a reportable accident, OSHA may be required to investigate.

Because OSHA has more regulations than personnel to enforce them, some minor complaints may be handled by telephone or mail, rather than an on-site visit. Either way, you should be prepared to handle the situation, because you usually will not receive advance notice of the inspection. Understanding the OSHA regulations that govern your facility, having written policy procedures for those regulations and knowledge of how an OSHA inspection works may help you avoid costly misunderstandings.

Q: What if an OSHA inspector telephones you about a complaint?

A: At first thought, a telephone call may seem preferable to an on-site inspection. However, that approach may cause you more problems if you are not prepared. You are not required to discuss the complaint against you over the phone. You may want to politely ask the inspector to visit your operation in person to avoid any miscommunications. However, if you decide to discuss the issues by phone, consider the following:

• Just as you designate a specific employee to deal with fiscal matters or the media, you should designate a spokesperson to deal with regulatory officials. The designated representative should be familiar with the applicable OSHA regulations and with your facility's compliance efforts. Ensure that your employees know to transfer such calls to that designated person.

• If you decide to attempt resolution of the complaint by phone, first ask for the inspector's name, number and office location. Then call back. This tactic will help to reduce the risk of confidence schemes or misleading sales approaches.

• Be calm, cooperative and truthful. Arguments or unresponsive behavior may only create more problems. However, do not volunteer information that is not requested.

Q: What should you do if the OSHA inspector arrives at your facility unannounced?

A: If you have written policies and understand OSHA laws, you are probably better prepared than you think you are. After reviewing the inspector's credentials, you should be advised of the reason for the inspection. Although you could force the inspector to obtain a warrant before inspection, this action may create an unnecessary confrontation.

• Accompany the inspector. This is your right. Take notes.

• Provide all documents asked for by the inspector. This does not extend to proprietary material unless specifically named. You may wish to discuss this matter with your legal representative. Do not volunteer information that is not requested.

• Request a copy of the complaint against you. OSHA is not required to reveal the name of person who filed the complaint. You are forbidden to take any reprisals against that person.

• If you are unsure of the answer to questions, investigate first. Try to stick to the facts of the investigation. Do not volunteer unnecessary information.

• If you see a safety hazard during the inspection, correct it immediately. Failure to do so may imply that you do not enforce safety rules, which could prompt a citation.

• Know where your policy manuals are located. The inspector may ask to review written control strategies for any applicable OSHA standards.
  
  

• Contact your lawyer after the inspection and before the next OSHA action. The inspection is often just the beginning of a long multi-step process.

Last updated: May 1994