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OSHA does conduct a certain number of random inspections, but most inspections are triggered based on one of the six situations or conditions listed below.
Inspection Triggers
Under the Occupational Safety and Health (OSH) Act of 1970, OSHA is authorized to conduct workplace inspections and investigations to determine whether employers are complying with agency standards.
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The individuals who do this work are known as compliance safety and health officers (CSHOs). OSHA describes them as “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.” Inspections are typically conducted without advance notice. Employers have the right to require CSHOs to produce an inspection warrant before entering the worksite.
Because OSHA cannot inspect all the workplaces under its jurisdiction, the agency focuses on the most hazardous in the following priority:
- Imminent danger situations. Top priority is given to hazards that could cause death or serious physical harm. Compliance officers will ask employers to correct these hazards immediately or remove endangered employees.
- Fatalities and catastrophes. Next in importance are incidents that involve a death or the hospitalization of three or more employees.
- Complaints. Next on the list are allegations of hazards or violations. Employees may request anonymity when they file complaints.
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- Referrals of hazard information. These can come from federal, state, or local agencies as well as individuals, organizations, or the media. Many referrals come from emergency responders.
- Follow-ups. The purpose is to ensure abatement of violations cited during previous inspections.
- Planned or programmed inspections. These are aimed at specific high-hazard industries or individual workplaces that have experienced high rates of injuries and illnesses.
OSHA prioritizes complaints based on severity. For lower-priority hazards, OSHA may phone an employer to describe safety and health concerns, then follow up with details on alleged hazards. The employer must respond in writing within 5 days, identifying any problems found and noting corrective action taken or planned. If the response is adequate and the individual who complained is satisfied, OSHA generally will not conduct an on-site inspection.
Tomorrow, we’ll look at how OSHA handles complaints, and when a complaint can trigger an inspection.