What are an employee's rights during an OSHA inspection, and an employer's?

Details / How it works

OSHA inspections are conducted by Compliance Safety and Health Officers who must present credentials, explain the nature and purpose of the inspection, and indicate the scope at the beginning (29 CFR 1903.7(a)). During the inspection, the officer has authority to take environmental samples, photographs, and employ other investigative techniques, and to question privately any employer, owner, operator, agent, or employee (29 CFR 1903.3(a), 29 CFR 1903.7(b)). This means both employers and employees can be questioned in private without the other party present.

At the conclusion of the inspection, the officer must confer with the employer or their representative and informally advise them of any apparent safety or health violations. The employer is afforded an opportunity to bring any pertinent information to the officer's attention during this conference (29 CFR 1903.7(e)). The inspection must be conducted so as to preclude unreasonable disruption of the employer's operations (29 CFR 1903.7(d)).

Numbers & thresholds

Exceptions & edge cases

The officer must comply with all employer safety and health rules at the establishment being inspected and must wear appropriate protective clothing and equipment (29 CFR 1903.7(c)). The officer's authority to enter and inspect extends to any factory, plant, establishment, construction site, or other workplace, and includes review of records required by the Act and other records directly related to the purpose of the inspection (29 CFR 1903.3(a)). Prior to inspecting areas containing classified information, special procedures apply (29 CFR 1903.3(b)).