Posted by OSHA.gov on 7/26/2021 to
News
OSHA FACTSHEET
OSHA is committed to strong, fair, and effective enforcement of safety and health
requirements in the workplace. OSHA inspectors, called compliance safety and health
officers, are experienced, well-trained industrial hygienists and safety professionals whose
goal is to assure compliance with OSHA requirements and help employers and workers
reduce on-the-job hazards and prevent injuries, illnesses, and deaths in the workplace.
Normally, OSHA conducts inspections without advance notice. Employers have the right
to require compliance officers to obtain an inspection warrant before entering the worksite.
Inspection Priorities
OSHA has jurisdiction over approximately 7 million
worksites. The agency seeks to focus its inspection
resources on the most hazardous workplaces in the
following order of priority:
- Imminent danger situations—hazards that could cause death or serious physical harm receive top priority. Compliance officers will ask employers to correct these hazards immediately or remove endangered employees.
- Severe injuries and illnesses—employers must report:
- All work-related fatalities within 8 hours
- All work-related inpatient hospitalizations, amputations, or losses of an eye within 24 hours.
- Worker Complaints—allegations of hazards or violations also receive a high priority. Employees may request anonymity when they file complaints.
- Referrals of hazards from other federal, state or local agencies, individuals, organizations or the media receive consideration for inspection.
- Targeted inspections—inspections aimed at specific high-hazard industries or individual workplaces that have experienced high rates of injuries and illnesses also receive priority.
- Follow-up inspections—checks for abatement of violations cited during previous inspections are also conducted by the agency in certain circumstances.
Phone/Fax Investigations
OSHA carefully prioritizes all complaints it receives
based on their severity. For lower-priority hazards,
with permission of a complainant, OSHA may
telephone the employer to describe safety and
health concerns, following up with a fax providing details on alleged safety and health hazards. The
employer must respond in writing within five
working days, identifying any problems found
and noting corrective actions taken or planned. If
the response is adequate and the complainant is
satisfied with the response, OSHA generally will not
conduct an on-site inspection.
On-Site Inspections
Preparation—Before conducting an inspection,
OSHA compliance officers research the inspection
history of a worksite using various data sources,
review the operations and processes in use and the
standards most likely to apply. They gather appropriate personal protective equipment and testing
instruments to measure potential hazards.
Presentation of credentials—The on-site inspection
begins with the presentation of the compliance
officer’s credentials, which include both a photograph
and a serial number.
Opening Conference—The compliance officer will
explain why OSHA selected the workplace for
inspection and describe the scope of the inspection,
walkaround procedures, employee representation
and employee interviews. The employer then selects
a representative to accompany the compliance
officer during the inspection. An authorized
representative of the employees, if any, also has the
right to accompany an inspector. The compliance
officer will consult privately with a reasonable
number of employees during the inspection.
Walkaround—Following the opening conference, the
compliance officer and the representatives will walk
through the portions of the workplace covered by the
inspection, inspecting for hazards that could lead to
employee injury or illness. The compliance officer will
also review worksite injury and illness records and
the posting of the official OSHA poster. During the walkaround, compliance officers may
point out some apparent violations that can be
corrected immediately. While the law requires
that these hazards must still be cited, prompt
correction is a sign of good faith on the part of the
employer. Compliance officers try to minimize work
interruptions during the inspection and will keep
confidential any trade secrets observed.
Closing Conference—After the walkaround, the
compliance officer holds a closing conference with
the employer and the employee representatives to
discuss the findings. The compliance officer discusses
possible courses of action an employer may take
following an inspection, which could include an
informal conference with OSHA or contesting citations
and proposed penalties. The compliance officer also
discusses consultation services and employee rights.
Results
When an inspector finds violations of OSHA
standards or serious hazards, OSHA may issue
citations and fines. OSHA must issue a citation
and proposed penalty within six months of the
violation’s occurrence. Citations describe OSHA
requirements allegedly violated, list any proposed
penalties, and give a deadline for correcting the
alleged hazards. Violations are categorized as
willful, serious, other-than-serious, de minimis,
failure to abate, and repeated. In settling a penalty,
OSHA has a policy of reducing penalties for small
employers and those acting in good faith. For
serious violations, OSHA may also reduce the
proposed penalty based on the gravity of the
alleged violation. No good faith adjustment will be
made for alleged willful violations. For information
on penalty ranges, see www.osha.gov/penalties.
Appeals
When OSHA issues a citation to an employer, it also
offers the employer an opportunity for an informal
conference with the OSHA Area Director to discuss
citations, penalties, abatement dates, or any other
information pertinent to the inspection. The agency
and the employer may work out a settlement
agreement to resolve the matter and to eliminate the
hazard. OSHA’s primary goal is correcting hazards
and maintaining compliance rather than issuing
citations or collecting penalties. Alternatively, employers have 15 working days
after receipt of citations and proposed penalties
to formally contest the alleged violations and/
or penalties by sending a written notice to the
Area Director. OSHA forwards the contest to the
Occupational Safety and Health Review Commission
for independent review. Alternatively, citations,
penalties, and abatement dates that are not
challenged by the employer or settled become a
final order of the Occupational Safety and Health
Review Commission.
Workers’ Rights
Workers have the right to:
- Working conditions that do not pose a risk of serious harm.
- Receive information and training (in a language and vocabulary the worker understands) about workplace hazards, methods to prevent them, and the OSHA standards that apply to their workplace.
- Review records of work-related injuries and illnesses.
- File a complaint asking OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHA’s rules. OSHA will keep all identities confidential.
- Exercise their rights under the law without retaliation, including reporting an injury or raising health and safety concerns with their employer or OSHA. If a worker has been retaliated against for using their rights, they must file a complaint with OSHA as soon as possible, but no later than 30 days.
How to Contact OSHA
Under the Occupational Safety and Health Act
of 1970, employers are responsible for providing
safe and healthful workplaces for their employees.
OSHA’s role is to help ensure these conditions for
America’s working men and women by setting
and enforcing standards, and providing training,
education and assistance.
For more information,
visit www.osha.gov or call OSHA at 1-800-321-
OSHA (6742), TTY 1-877-889-5627.
Click below for more information
https://www.osha.gov/sites/default/files/2018-12/fy10_sh-20853-10_osha_inspections.pdf
https://www.osha.gov/sites/default/files/publications/factsheet-inspections.pdf