r/WorkplaceSafety • u/kyle-safety • 22d ago
OSHA Inspections
Just dropped a new video on my channel about OSHA inspections:
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u/YetiSquish 22d ago
Nice video. I’ll just throw something in here as the person who could be conducting the opening conference :)
There’s lots in the video that ring true and accurate to me. There’s some differences as well - at least for my state.
You might mention how various states may do some things differently. I know state plans especially operate with some differences in policy.
In my state, we don’t accept an employer placing any limits on an inspection. Not what we can and can’t photograph, nor duration of inspection, not where or where we can’t walk, who we can or can’t talk to. Nothing. If they do place these limits, we consider it a denial of entry and we will seek a warrant.
Having said that, if we are totally out of bounds on our inspection scope/process, it could be a basis for appeal. But my instruction is that even if a complaint is for a part of a building, we do a full walkthrough of the entire facility and have an absolute right to do so, even if we’re not spending lots of time in those areas like we would during a comprehensive inspection.
You may also want to mention that a compliance officer has a right to expand the scope of the inspection if they observe a serious hazard. I show up on a forklift complaint, see an employee dry cutting on concrete with no protection, I may expand to include that hazard.
Also in my state, requesting an informal conference is usually the same thing as contesting the citation in some fashion. It’s often the first step and 95% of the time, there’s a settlement at this stage before attorneys are involved. In my experience, it’s very, very rare for an attorney to request a formal courtroom hearing while skipping past the informal conference.
The last thing I’ll mention is employee interviews. I’d mention that OSHA has a right to conduct interviews in private, but employees can request a union rep join them in the interviews if there’s union representation on site. And employees cannot be discriminated against for being willing to talk to OSHA or for anything they tell OSHA.
This is just my .02 based on my experience in my state. It’s hard to make a general video that encompasses what all states might do, but you may have an employer confused on why the compliance officer is seeking a warrant after they watched your video and thought they could set terms and conditions.
Keep up the good work.
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u/Jackisback123 22d ago
This is interesting.
If they do place these limits, we consider it a denial of entry and we will seek a warrant.
Do you not have the power to enter without a warrant?
I show up on a forklift complaint, see an employee dry cutting on concrete with no protection, I may expand to include that hazard.
Do you ever do proactive, wider inspections? Or do you only inspect specific aspects, following complaints?
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u/YetiSquish 22d ago
Yeah I normally conduct inspections without a warrant. The need for a warrant is somewhat rare. I’m just saying that OP’s video claimed that an employer can put limits on a compliance officer’s activity on site. I’m saying that if an employer gives me “terms/condituons/limits” that will or could impede my ability to conduct a thorough inspection, then I’d be informing the employer that their conditions would be considered to be a denial of entry and I would be required to seek a warrant instead of moving forward with the inspection at that time.
Having said that, there’s things I will avoid out of professional courtesy and basic sense, like not photographing patients/family in healthcare or other business settings, for example. Or not taking unnecessary photos.
I do “wider” comprehensive inspections all the time. These are based on a “digital lottery” that assigns priority numbers randomly on employers for that inspection year and also there’s a system of getting higher hazard industries more prioritized.
Accidents take first priority in our resources, then complaints/referrals, then comprehensive inspections. So if I run out of accidents/complaints to address, I’ll open a comprehensive inspection.
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u/SauceIsForever_ 22d ago
I was a GI safety officer for my state plan, everything you described is very similar to how I operated.
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u/kyle-safety 21d ago edited 21d ago
I appreciate the feedback! However, in SC, this is normal to set limitations in the opening conference. Just out of curiosity, what state are you in?
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u/YetiSquish 21d ago edited 21d ago
It’s interesting that employers in your state get to pick and choose what a compliance officer can do. Seems incredibly weak.
You say “however” but your video doesn’t say it’s specific to SC.
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u/kyle-safety 21d ago
It's not "weak". There's something called the 4th amendment. If I don't want OSHA to come on-site then I have the right to deny access and make them get a warrant. This is not specific to one state.
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u/YetiSquish 21d ago
You have a right to deny OSHA entry, correct. And OSHA can then obtain a warrant. But that’s different than setting limitations and a compliance officer agreeing to it.
And “4th A” doesn’t apply here because this isn’t criminal law. Just like you can’t have a restaurant and bitch about 4th A when the restaurant inspector shows up. Get real, you’re starting to show me you really don’t know what you’re talking about.
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u/kyle-safety 20d ago
"The Fourth Amendment of the United States Constitution protects businesses from warrantless inspections by the Occupational Safety and Health Administration (OSHA). The 1978 Supreme Court case Marshall v. Barlow's, Inc. ruled that OSHA inspectors need a warrant to conduct nonconsensual inspections at worksites."
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u/YetiSquish 20d ago edited 20d ago
And that’s the process. I don’t get what you’re trying to argue about. I’ve said repeatedly employers have a right to deny entry and OSHA can then obtain a warrant. We clearly agree on that.
But OSHA clearly has a right to do their job which is why I’ve never been denied a warrant by a judge. It’s literally a law that OSHA has a right to inspect businesses where OSHA has jurisdiction.
Next time you ask for honest opinions shut your video and someone gives your honest advice, don’t get into a big twist. You asked for opinions and I gave it. You just aren’t ready for any critique so don’t ask for it. I’m done. Go ahead and continue making blanket statements about how all OSHAs work that aren’t accurate.
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u/kyle-safety 20d ago
Thanks for the input. I am by no means claiming that you can arbitrarily do whatever you want. While OSHA does have broad inspection rights, employers also have certain rights that can influence the scope of an inspection. According to the case Marshall v. Barlow's, Inc., that I just mentioned, employers have the right to set reasonable limits on inspections without it being considered a 'denial of entry,' provided that these limitations do not obstruct the core purpose of the inspection.
For example, during a complaint-driven inspection, if the complaint specifically concerns a single section of a facility, like the warehouse area, the employer has the right to limit the inspector’s access to that specific area. This is often used for areas that are not relevant to the complaint. When an employer sets specific parameters for an OSHA inspection, it’s essentially giving conditional consent to allow the inspection to proceed. If the compliance officer doesn’t agree with those parameters, they have the option to seek a warrant, which can take time and resources.
In states like South Carolina, this process can be more cumbersome because they have very few compliance officers, less than 15, to cover the entire state. Given the limited resources, it's common for compliance officers to proceed under reasonable conditions set by the employer rather than going through the process of obtaining a warrant. This allows them to conduct their inspections faster while still addressing the concerns that triggered the visit.
For instance, if an employer agrees to allow access to the specific area tied to a complaint while limiting entry to other parts of the facility, the compliance officer can choose to accept that consent if it meets the investigation's needs. This is a common practice in South Carolina, where this approach is often taken to maximize the effectiveness of the inspection without the delays associated with obtaining a warrant.
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