Know Your OSHA Inspection Rights

Opening conference — your rights when the inspector arrives

The inspector must present credentials upon arrival. Employers may request and verify those credentials before proceeding. Employers may also contact counsel or a safety consultant before the inspection begins. The inspector is required to explain the scope and purpose of the visit.

Walkaround rights — who can accompany the inspector

An employer representative and an authorized employee representative may accompany the compliance officer. An authorized employee representative is typically a union representative or an employee selected by coworkers. Employers can reasonably restrict access to trade-secret areas or confidential zones if a witness arrangement is made. Access to the general work areas cannot be restricted.

Employee interviews — what the inspector can and cannot do

The inspector may interview employees privately. The employer is not permitted to be present during these interviews. Retaliation against employees for participating is prohibited. Employees cannot be compelled to share information beyond what the law requires.

Document requests — what to produce and what you can hold

OSHA may request OSHA 300/300A logs, written safety programs, training records, and exposure records. Employers must produce certain records immediately when requested. Other documents may be declined pending legal review. Employers should log every document provided.

Warrant requirement — when to demand one

Employers may generally require an administrative warrant before allowing entry, as established in Marshall v. Barlow's, Inc., 436 U.S. 307 (1978). Demanding a warrant can delay the inspection and may prompt OSHA to seek a warrant from a judge. The rule is constitutional rather than regulatory.

Citations and contest rights — after the inspection

Citations are issued after the inspection concludes. Employers have a 15-working-day window to contest the citations. An informal conference with OSHA is also available as an option. Abatement of cited hazards is required within the stated deadlines.