How an inspection runs
Inspections are often triggered by an employee complaint, a reported serious injury, a referral, or an emphasis program targeting a particular industry. The inspector usually starts with an opening conference explaining the scope, then walks the worksite, takes photographs and measurements, reviews records, and interviews employees. Employees can be interviewed privately, and an employer representative may accompany the walkaround. An employer can ask for a warrant in many situations, but whether to do so is a strategic decision to make with counsel, and it is seldom the first move. Some states, California among them, run their own state plans with their own procedures and agencies, while in New York federal OSHA covers private employers.
During the visit
Designate one person to accompany the inspector, and take your own notes and matching photographs of whatever is documented. Provide the records requested, but it is reasonable to confirm the scope and keep copies of what you hand over. Fix an obvious hazard on the spot when you can, since prompt abatement is noted, though the fix does not undo the observation. Do not discourage employees from speaking with the inspector, and do not treat anyone differently because of what they said, since that can create a separate retaliation problem. Managers who speak with the inspector should give accurate information and avoid guessing.
After the closing conference
Citations, if any, usually arrive later in writing and list the alleged violations, classifications, proposed penalties, and abatement dates. Employers can request an informal conference to discuss or settle the citations, but that meeting does not stop the short window to file a notice of contest with the OSHA area office, and the citation becomes final if the window passes. Abatement obligations continue regardless of a settlement discussion. Citations can also affect contracts, insurance, and later litigation over the same incident. We review what the inspector saw, what was requested, and what the citation says, and help decide whether to settle, contest, or abate and close.
