Explain why  the The unit 2 discussion had a huge impact on me ,because  regarding if OSHA should be permitted to give advanced notice prior to an inspection? How will you be able to apply the skills you learned from it to gain life and/or career success? Should be 250 words
UNIT II STUDY GUIDE
OSHA’s Inspection Process
Course Learning Outcomes for Unit II
Upon completion of this unit, students should be able to:
1. Examine Occupational Safety and Health Administration (OSHA) operational processes.
1.1 Develop a standard operating procedure (SOP) for workers to follow if OSHA shows up at the
workplace.
2. Identify the legal framework for ensuring safe and healthful working conditions.
2.1 Describe appropriate steps to take during a walk-through to reduce citations and penalties.
2.2 Discuss the employer’s rights during an on-site inspection.
Course/Unit
Learning Outcomes
1.1
2.1
2.2
Learning Activity
Unit Lesson
Chapter 3
Unit II Assignment
Unit Lesson
Chapter 3
Unit II Assignment
Unit Lesson
Chapter 3
Unit II Assignment
Required Unit Resources
This unit will use chapters from the following resource:
Occupational Safety and Health Administration. (2020). Field operations manual. U.S. Department of Labor.
https://www.osha.gov/enforcement/directives/cpl-02-00-164
In order to access the following chapter resource, click the chapter link below.
Chapter 3: Inspection Procedures
Unit Lesson
Introduction
The primary purpose of the Occupational Safety and Health Administration (OSHA) is to protect workers.
OSHA conduct inspections of workplaces based on the priority criteria that we discussed in Unit I. Prioritizing
inspections allows OSHA to make the best use of the resources that are available.
Congress placed some restrictions on OSHA’s ability to conduct inspections through their annual
appropriation bills. The limitations on inspection are for small farming operations and small employers in lowrisk industries (Occupational Safety and Health Administration [OSHA], 2020). The Appropriations Act
contains limits for the OSH Act activities on a year-by-year basis. For example, OSHA is not allowed to
conduct any inspection of a farming operation if the farm has had 10 or fewer employees and has not had an
active temporary labor camp during the preceding 12-month period (OSHA, 1998).
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Another area where OSHA’s ability to inspect a workplace is limited is when another
UNIT xfederal
STUDYagency
GUIDEhas
regulatory oversight. Examples of these types of workplaces include sites regulated
Title by alcohol, tobacco, and
firearms (ATF), the Department of Energy (DOE), the Environmental Protection Agency (EPA), the Federal
Aviation Administration (FAA), the Mine Safety and Health Administration (MSHA), and the Nuclear
Regulatory Commission (NRC). In many cases, OSHA has reached an agreement, also known as
memorandum of understanding (MOUs), with the other regulatory agencies concerning each agency’s
responsibilities.
Advanced Warnings/Warrants
OSHA is not allowed to provide advance warning of on-site inspections. OSHA Standard, 29 CFR § 1903.6,
provides exceptions to the prohibition of advance warning of inspections, including when situations of
apparent imminent danger are present (U.S. Department of Labor, n.d.). Advance warning is permitted to give
the inspection site the ability to abate the danger as soon as possible. Advance notice can also be given if an
inspection can be more effective if it is conducted outside of normal business hours. If specific representatives
of the company are required to be present for an inspection, then advance warning is also permitted. Finally,
the area director may decide that providing advance notice of an inspection will help to obtain a more effective
and thorough inspection.
OSHA’s authority to conduct on-site inspections and owners’ rights under the Fourth Amendment to the U.S.
Constitution were tested after the OSH Act was passed. The Fourth Amendment to the U.S. Constitution
prohibits unreasonable searches and seizures and requires any warrant to be supported by probable cause
and to be signed by a judge (U.S. Const. amend. IV). Section 8(a) of the Occupational Safety and Health
(OSH) Act authorizes OSHA to enter any facility covered under the act without delay and at reasonable times
to inspect and investigate the property, including questioning the employer, owner, operator, agent, or
employees privately. Since these two documents appear to conflict with each other, it was inevitable that the
warrantless inspection would be challenged in court. The challenge eventually was heard by the U.S.
Supreme Court in the case Marshall v. Barlow’s, Inc. (1978).
The Supreme Court ruled that warrantless inspections by OSHA did violate the Fourth Amendment, and
OSHA was required to obtain a warrant unless consent was given by the owner. In order to allow for the
effective conduct of inspections as required by Section 8(a), OSHA amended 29 CFR 1903.4. The
amendment allows OSHA to obtain warrants under an ex parte basis, meaning OSHA can, under some
circumstances, obtain a warrant in advance of an inspection without the knowledge of the owner (OSHA,
1970). This allows OSHA to perform inspections of facilities without advance notice if the area director
determines advance notice would be detrimental to the inspection process. This may include knowledge that
a specific employer will not allow a warrantless inspection, the facility is located a great distance from the
OSHA office so a refusal for entry would require significant time and effort to obtain a warrant, or in instances
where special equipment or experts are required for the inspection.
Programmed or Unprogrammed Inspections
OSHA inspections can be programmed or unprogrammed.
•
Programmed inspections: Worksite safety and health inspections that are scheduled based on
objective or neutral selection criteria. Worksites are selected according to national scheduling plans
or under local, regional, or national special emphasis programs. Programmed inspections are aimed
at facilities with the highest rates of injuries and illnesses through OSHA’s Site-Specific Targeting
(SST) program. These inspections are designed to improve the health and safety of workers at
locations with high injury and illness rates based on data collected through the OSHA Data Initiative
(ODI). Program-related inspections are when another employer at a multi-employer is included in the
inspection, even though they were not the employer with the high injury or illness rate.
•
Unprogrammed inspections: Inspections scheduled in response to alleged hazardous working
conditions identified as a specific worksite. This type of inspection responds to imminent dangers,
fatalities/catastrophes, complaints, and referrals we talked about in Unit I and follow-up inspections
performed after initial inspections. You can also have inspections that are not related to the program.
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These inspections are when another employer at a multi-employer is included
in the inspection,
UNIT x STUDY
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though they were not in the original complaint.
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OSHA may perform two types of inspections for programmed or unprogrammed inspections: comprehensive
or partial.
•
•
Comprehensive inspection: An inspection that covers all potentially hazardous areas of a site very
thoroughly.
Partial inspection: An inspection that focuses on specific hazardous operations, areas, conditions, or
practices at a facility. A partial inspection may be changed to a comprehensive inspection during the
inspection at the discretion of the compliance officer.
The majority of inspections are performed during normal operating hours. The hours of the inspection can be
changed if warranted. For example, if a complaint is determined to relate to an activity that is only performed
during the third shift at a facility, the inspection would most likely be performed during that shift.
The majority of inspections follow the same basic format: presentation of credentials, entry, opening
conference, review of records, walk-around inspection, and closing conference.
The basic format for OSHA inspections.
Presentation of Credentials
OSHA compliance officers will always present their credentials when they arrive at a facility. This allows the
employer to verify that the individual performing the inspection is, in fact, an OSHA compliance officer.
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Entry
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It is at this point in the inspection that the employer will either allow the compliance officer to enter the facility
to perform the inspection or refuse entry and require the compliance officer to obtain a warrant. If an employer
refuses entry to an OSHA compliance officer, the compliance officer will try to obtain as much information as
possible and then notify the area director. The area director then will take steps to obtain a warrant if OSHA
decides to continue the inspection. If the workplace is a multi-employer work site, permission to enter and
conduct the inspection can be obtained from any of the employers at the workplace. At this time, the
compliance officer informs the employer’s representative that employees will be allowed to have a
representative participate in the inspection process.
Opening Conference
After being allowed to enter a work site, the OSHA compliance officer will conduct an opening conference.
During this conference, the employer will be told about the reason for the inspection. A copy of any complaint
will be provided to the employer. The opening conference is usually very short so the compliance officer can
start the site walk-around as soon as possible. The opening conference may include one or more employee
representatives if the employer does not object. If the employer objects to the employee representative(s)
being present at the conference, the compliance officer will hold a separate opening conference with the
employee representative(s).
Review of Records
The compliance officer may request certain documents during the opening conference, including a list of
chemicals on the site, injury and illness records, and required written programs and training records.
Walk-Around Inspection
The compliance officer will perform a walk-around inspection of the facility after the opening conference is
completed. Both employer and employee representative(s) may accompany the compliance officer on the
walk-around inspection. The compliance officer may decide if a specific representative is allowed to
participate in the walk-around inspection. The primary purpose of the walk-around inspection is to identify
potential health and safety hazards. The compliance officer is required to bring to the attention of the
employer and employee representatives any health and safety violation that is discovered during the
inspection.
During the walk-around inspection, compliance officers may point out some apparent violations that can be
corrected immediately on the spot. While these violations are still required to be cited, prompt correction is a
sign of good faith by the employer.
Based on the information OSHA has prior to the inspection and the information obtained during the walkaround inspection, the compliance officer may decide to collect air and or surface samples at the facility.
Once analytical results have been received, a summary of the results must be provided to employees who
were exposed or are likely to be exposed to the hazard, the employer representative(s), and the employee
representative(s).
The compliance officer may also choose to interview a certain number of nonmanagerial employees in private
during the inspection. The compliance officer is authorized to interview any employee privately and can
choose the employees to interview without intervention from management. The interviews can be used to
determine if the employer received advance notice of the inspection and altered the practices at the site to
prevent the compliance officer from observing normal practices, to determine what safety practices are
typically in place at the site, and to obtain any additional information the compliance officer may deem
appropriate. Employees who are chosen for the interviews may ask for a representative to be present,
including a representative from their labor union. Statements that are made during the interviews will remain
confidential unless the employee specifies otherwise.
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Closing Conference
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A closing conference will be conducted at the end of the inspection. The closing conference can be held on
site or delayed and held by telephone conference call at the compliance officer’s discretion. Apparent
violations and other information about findings from the inspection will be presented at the closing conference.
The employer is provided with a copy of an OSHA document that informs them of their rights related to
citations and penalties. If applicable, the compliance officer can also discuss potential control methods that
the employer can implement related to the safety and health hazards identified during the inspection.
Summary
In this unit, we discussed the difference between a programmed and unprogrammed inspections. We also
discussed the basic format of an OSHA inspection: presentation of credentials, entry, opening conference,
review of records, walk-around inspection, and closing conference. Having a plan prior to OSHA showing up
at your worksite can help ensure management and employees know what to expect and what their rights are
during an OSHA inspection.
References
Marshall v. Barlow’s, Inc., 463 U.S. 307 (1978).
Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 (1970). https://www.osha.gov/lawsregs/oshact/completeoshact
Occupational Safety and Health Administration. (1998). Enforcement exemptions and limitations under the
Appropriations Act (CPL 02-00-051). U.S. Department of Labor.
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=1519
Occupational Safety and Health Administration. (2020). Field operations manual. U.S. Department of Labor.
https://www.osha.gov/enforcement/directives/cpl-02-00-164
Occupational Safety and Health Administration. (n.d.). Advanced notice of inspections, 29 CFR § 1903.6.
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9610
U.S. Const. amend. IV
Suggested Unit Resources
In order to access the following resources, click the links below.
Review key points of Chapter 9: Complaint and Referral Processing in order to prepare for your unit
assignment.
This OSHA fact sheet will provide additional information on the OSHA inspection priorities and format of an
OSHA inspection.
Occupational Safety and Health Administration. (n.d.). OSHA fact sheet: Occupational Safety and Health
Administration (OSHA) inspections. U.S. Department of Labor.
https://www.osha.gov/OshDoc/data_General_Facts/factsheet-inspections.pdf
The video below will provide an overview of the OSHA inspection process.
U.S. Department of Labor. (2019). The OSHA inspection process [Video]. cielo24.
https://c24.page/8zhsbxj57dk83smzzmqgwta32q
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