If OSHA arrives at our facility, can we turn them away and ask them to schedule an appointment?

We are putting together a safety committee and this question came up.

Answers

  • WHEN AN OSHA COMPLIANCE OFFICER ARRIVES ON SITE, here is what you should know about ahead of time.

    1. Notify the person responsible for the site, such as the supervisor, manager, project superintendent or owner.
    2. Request identification, write down the Compliance Officer's name and ID number, and ask which area office they represent.
    3. The purpose of the inspection should be stated by the Compliance Officer before or during an opening conference at the beginning of the visit.
    4. A manager should escort the Compliance Officer at all times.
    5. During the walk-around inspection, the Compliance Officer is permitted to take notes and photographs and shall comply with the safety and health rules required at the job site.
    6. Employees may be interviewed or written statements may be requested.
    7. A company representative should take notes and photos of all inspection activities.
    8. A closing conference will be arranged to allow the Compliance Officer to review any violations observed and refer to applicable OSHA standards.
    9. Instructions on follow-up procedures will be provided at the end of the inspection.

    Can you refuse to let the Compliance Officer on site? Yes, but it is not recommended. It is always best to cooperate with any OSHA compliance officer.

    Does the Compliance Officer need to show a warrant? No, but entry can be refused until a warrant is provided. However, cooperation with OSHA is always recommended and granting immediate entry will get the inspection off to a good start.

    Can an employee refuse to be interviewed? Yes, but cooperation by all employees is advisable. An employee can ask that they have another person with them during the interview.

  • There's typically very few good reasons to refuse an agency visit but if you feel strongly that you have one, it better be a VERY good reason AND it will fare better for you if it is somehow in writing. For example if you can produce a company written plan for "Administration Emergencies" or "Agency Response Plan" which outlines when and how to refuse (and welcome) agency visitors, it could potentially make requesting an appointment go over more smoothly . . . but no promises!