An inspector from Cal/OSHA shows up at your workplace. Panicked looks and awkward silence occur between supervisors and workers. Management is called, but no one is prepared to deal with the requested workplace inspection.
Cal/OSHA can inspect any workplace as part of a programmed inspection, a targeted hazard or special emphasis item, when they are driving by and observe an unsafe act in plain view, receive a safety or health hazard complaint, or report of a fatality or serious work-related injury or illness from the employer and/or 911 first responders. (It is important to remember that employers, fire, and police agencies must report serious workplace accidents and fatalities to Cal/OSHA within 8 hours.)
Every Cal/OSHA inspection is different and runs the risk of an employer receiving citations and paying penalties. However, by preparing for when Cal/OSHA comes knocking, designating representatives, training workers, maintaining records, and conducting inspections and hazard corrections on a regular basis, the outcome does not have to be completely unpredictable.
Waiting until Cal/OSHA shows up at your office or worksite to figure out how to interact and conduct inspections is simply preparing to fail. Employers who prepare and address safety issues prior to a Cal/OSHA inspection are more likely to reduce the risk of violations and penalties.
Since the majority of Cal/OSHA visits are unannounced, it is important to understand the process that inspectors must follow. These are laid out in a written Division of Occupational Safety and Health (DOSH) Inspection Policy and Procedures Manual.1 When employers assign and train designated individuals to represent the employer during the inspection process, they should be familiar with the DOSH Inspection Policy and Procedure Manual.
An OSHA inspection has four main components:
Presentation of credentials. The inspector will begin by presenting their credentials, including a photograph and serial number. Employers can verify the identity of the inspector by calling the local Cal/OSHA office.
Opening conference. The inspector will explain the reason for the visit, outline the scope of the inspection, and explain the employer’s rights and responsibilities. This is the time the inspector might also request certain records or documents, such as the employer’s Injury and Illness Program (IIPP), OSHA Log 300, or specific documents related to the scope of the inspection.
Facility or site walk-through/inspection. Cal/OSHA inspectors must obtain consent to conduct an inspection from the employer’s designated representative or an on-site employee. On-site employees should be trained so that they can notify management of a Cal/OSHA inspection request. Inspectors will wait on-site for a reasonable amount of time (1 to 2 hours) for a management contact to arrive or to give permission if not present.
Inspection walkthroughs may include the entire facility or a selected work area. Inspectors have the right to walk around the building accompanied by an employer representative, interview employees, and document hazards with photos, measurements, or testing.
Inspectors may make a written document request for training records, work procedures, or other documents. Deadlines for compliance and submission of employer records can range from 1 to 10 working days. Programs such as the Employer’s IIPP, Heat Illness Prevention Plan, or other procedures may be required to be provided at the time of inspection, since they are required to be readily accessible to all employees.
The employer’s representative should be prepared to take notes and address concerns and potential hazards raised by the inspector. It is okay to ask clarifying questions, but it is important to be careful not to engage in lengthy or detailed discussions about policies or procedures. This can lead to additional violations of increasing the scope of the inspection by volunteering too much information or admitting to violations.
Closing conference. The Inspector will identify any alleged violations of the Standards and the requirements for abatement of the hazardous condition. The Inspector will inform the employer if they expect to issue any citations and what the classification may be. Potential monetary penalties are rarely discussed during the closing conference. Cal/OSHA can issue citations within six months of when the onsite inspection occurred, or from the date of serious injury or illness.
No Cal/OSHA visit is expected, pleasant or fun, but employers can take steps to understand the process, know their rights, and assign designated representatives to interact with inspectors, provide documents, conduct inspections to decrease potential violations, and be prepared when Cal/OSHA comes knocking.
Peter Kuchinsky II, CSM1 is a retired safety professional and risk advisor with over 25 years of service to public water and wastewater agencies, served as a Board member on the CWEA Southern Safety Committee, and continues to provide safety training and consulting services.
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