Closing Conference | OSHA Inspection

After the inspection tour, a closing conference is held between the compliance officer, the employer, and the employer representative. It is a time for free discussion of problems and needs; and a time for frank questions and answers.

The officer also will give the employer a copy of Employer Rights and Responsibilities Following an OSHA Inspection, and then briefly discuss the information in the booklet and answer any questions.

The compliance officer discusses all unsafe or unhealthful conditions observed on the inspection and indicates all apparent violations for which a citation may be issued or recommended. The employer is also informed of appeal rights. No specific proposed penalties are indicated at this time, only the OSHA area director has that authority.

During the closing conference, the employer may wish to produce records to show compliance efforts and to provide information that can help OSHA determine how much time may be needed to abate an alleged violation.

When appropriate, more than one closing conference may be held. This is usually necessary when health hazards are being evaluated or when laboratory reports are required.

If the employee representative did not participate in the opening conference held with the employer, a closing discussion is held with the employee representative, if requested, to discuss matters of direct interest to employees.

The compliance officer explains that OSHA area offices are full-service resource centers that:

• Inform the public of OSHA activities and programs, such as new or revised standards, including the status of proposed standards, comment periods, or public hearings;

• Provide technical experts and materials, including courses offered at the OSHA Training Institute;

• Refer callers to other agencies and professional organizations as appropriate; and

• Promote effective safety and health programs through voluntary protection programs and expanded employer abatement assistance efforts.

The Inspection Process | OSHA Inspection

After the opening conference, the compliance officer and accompanying representatives proceed through the establishment to inspect work areas for safety or health hazards.

The route and duration of the inspection are determined by the compliance officer. During the inspection, the officer will:

• Observe safety and health conditions and practices,

• Consult with employees,

• Take photos and instrument readings,

• Examine records,

• Collect air samples,

• Measure noise levels,

• Survey existing engineering controls, and

• Monitor employee exposure to toxic fumes, gases and dusts.

Trade Secrets

Trade secrets observed by the compliance officer will be kept confidential. An inspector who releases confidential information without authorization is subject to a $1,000 fine and/or one year in jail. The employer may require that the employee representative have confidential clearance for any area in question.

Consulting with Employees

Employees are consulted during the inspection tour. The compliance officer may stop and question workers, in private, about safety and health conditions and practices in their workplaces. While talking with employees, the compliance officer makes every effort to minimize any work interruptions. Each employee is protected, under the OSH Act, from discrimination for exercising his or her safety and health rights.

Recordkeeping

OSHA places special importance on posting and recordkeeping. The compliance officer will inspect records of deaths, injuries, and illnesses which the employer is required to keep. The officer will check to see that a copy of the totals from the last page of OSHA 200 Log or the OSHA 300A Summary have been posted and that the OSHA 2203 or OSHA 3165 workplace poster is prominently displayed. Where records of employee exposure to toxic substances and harmful physical agents have been required, they are also examined for compliance with the recordkeeping requirements.

The compliance officer also explains that while the following items are not required for all OSHA standards they should be recorded to accurately monitor and assess occupational hazards.

Initial and periodic monitoring for operations involving exposure, including:

• Date of measurement;

• Sampling and analytical methods used and evidence of their accuracy;

• Number, duration, and results of samples taken;

• Type of respiratory protective devices worn; and

• Name, social security number, and the results of all employee exposure measurements.

This record should be kept for 30 years.

Employee physical/medical examinations, including:

• Name and social security number of the employee;

• Physician's written opinions;

• Any employee medical complaints related to exposure to toxic substances; and

• Information provided to the examining physician.

These records should be maintained for the duration of employment plus 30 years.

Employee training records should be kept for one year beyond the last date of employment of that employee.

Communicating Hazards

The compliance officer also explains the requirements of the Hazard Communication Standard which requires employers to establish a written, comprehensive hazard communication program covering provisions for container labeling, material safety data sheets, and an employee training program. The program must contain a list of the hazardous chemicals in each work area and the means the employer will use to inform employees of the hazards of non-routine tasks.

Unsafe Workplace Conditions

During the course of the inspection, the compliance officer will point out to the employer any unsafe or unhealthful working conditions observed. At the same time, the compliance officer will discuss possible corrective action if the employer so desires.

Some apparent violations detected by the compliance officer can be corrected immediately. When they are corrected on the spot, the compliance officer records such corrections to help in judging the employer's good faith in compliance. Even though corrected, however, the apparent violations may still serve as the basis for a citation and, if appropriate, a notice of proposed penalty.

An inspection tour may cover part or all of an establishment, even if the inspection resulted from a specific complaint, fatality or catastrophe

Preparing for the Inspection | OSHA Inspection

A compliance officer represents OSHA and is expected to demonstrate his/her knowledge and expertise in the safety and health field in a courteous and professional manner. Prior to the inspection, the compliance officer will become familiar with as many relevant facts a possible about the workplace, such as:

• The inspection history of the establishment,

• The nature of the business, and

• The particular standards that might apply.

This preparation provides the compliance officer with a knowledge of the potential hazards and industrial processes that may be encountered and aids in selecting appropriate personal protective equipment for protection against these hazards during the inspection.

Inspector's Credentials

When the OSHA compliance officer arrives at the establishment, he or she displays official credentials and asks to meet an appropriate employer representative. An OSHA compliance officer carries U.S. Department of Labor credentials bearing his or her photograph and a serial number that can be verified by calling the nearest OSHA office. Employers should always ask to see the officer's credentials.

OSHA compliance officers may not collect a penalty at the time of inspection or promote the sale of a product or service at any time; anyone who attempts to do so is bogus and the FBI or local law enforcement officials should be contacted immediately.

Opening Conference

In the opening conference the compliance officer explains how the establishment was selected and determines whether it will be subject to a comprehensive safety inspection. The compliance officer also will ascertain whether an OSHA-funded consultation program is in progress or whether the facility is pursuing or has received an inspection exemption; if so, the inspection may be terminated.

The purpose of the visit, the scope of the inspection, and the standards that apply are explained and the employer is given copies of applicable safety and health standards as well as a copy of any employee complaint that may be involved (with the employee's name deleted, if the employee has requested anonymity).

The employer is asked to select an employer representative to accompany the compliance officer during the inspection.

An authorized employee representative also is given the opportunity to attend the opening conference and to accompany the compliance officer during the inspection. If the employees are represented by a recognized bargaining agent, the agent ordinarily will designate the employee representative to accompany the compliance officer. Similarly, if there is a plant safety committee, the employee members of that committee will designate the employee representative (in the absence of a recognized bargaining agent).

Where neither employee group exists, the employee representative may be selected by the employees themselves, or the compliance officer may determine if any employee suitably represents the interest of other employees. Under no circumstances may the employer select the employee representative for the walk-around.

An employee representative does not have to be present for each inspection. However, where there is no authorized employee representative, the compliance officer must consult with a reasonable number of employees concerning safety and health matters in the workplace