What NOT To Do If OSHA Comes Knocking On Your Door
In yesterday’s blog I listed a number of things you should do if OSHA comes to make their inspection. In this blog I will list the things you should NOT do. Every one of them will immediately demonstrate to the OSHA inspector that there is little management commitment to safety and that you are trying to hide this fact from them. Always remember that OSHA inspectors are just doing their job and respect organizations that are making a sincere effort to instill a “safety first” culture in their workplace. Even if violations are given OSHA is far more willing to work with you to abate the problems if you demonstrate a sincere commitment to safety.
DO NOT refuse to let the inspector in. An OSHA compliance officer is authorized to “enter without delay and at reasonable times any factory, plant, establishment, construction site or other areas, workplace, or environment where work is performed by an employee of an employer.” Based on a 1978 Supreme Court ruling (
Do not interfere with the inspection. If an employer attempts to interfere with the inspection, the Act permits appropriate legal action.
Do not refuse to let employees talk to the OSHA inspector. In fact, during the opening conference you will be asked to select an employer representative to accompany the compliance officer during the inspection. An authorized employee representative will also be given the opportunity to attend the opening conference and to accompany the compliance officer during the inspection.
Do not exaggerate any aspect of your safety program. Instead, be an open book and tell it like it is. Many OSHA inspectors will take the time to help you correct the problems or at least direct you to resources if they see you are open and honest. The rule is this: The more you hide the more they dig.
Do not get upset or express anger during the inspection or closing conference. There are times where the inspector will find violations that you may feel are “technical” in nature. You may even disagree with them. There is an appeal procedure that you can follow. Rather than show anger or conflict, listen and learn, then pursue the opens the law provides you.
Do not sit tight and do nothing. If you do receive violations, take immediate action to abate them. OSHA never loses track of its violations and they will come knocking on your door again until they are resolved. Also they have the freedom to impose even higher penalties for continued non-compliance.
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