Issue link: http://psai.uberflip.com/i/1084319
51 2019 INDUSTRY RESOURCE DIRECTORY OSHA Sometimes OSHA's fax policy can be helpful when a written inquiry is better than an actual inspection. For example, if there is no specific OSHA standard that covers the hazard, a letter of inquiry may prompt management to take action. An actual OSHA inspection—and no citation—may encourage management not to fix the problem. If OSHA decides not to inspect, they must notify the complainant in writing and give reasons. The employee may question this decision with the OSHA area director and regional administrator. Will I have advance notice of an OSHA inspection? OSHA will give employers advance notice of an inspection only under four conditions: • In cases of apparent imminent danger, to try to get management to fix the condition immediately. • When the inspection must be after regular business hours or when special preparations are necessary. • If management and worker representatives are not likely to be on-site unless they have advance notice. • In other circumstances where the OSHA Area Director thinks a more complete inspection would result, such as in a fatality investigation. In general, OSHA rarely gives advance notice. When OSHA does give advance notice of an inspection to management, they must also inform the union if there is one. If there is no union and no safety committee with a worker representative, OSHA only has to inform management. Workers sometimes think that management knows about an OSHA inspection in advance. However, it is a crime for OSHA employees to give unauthorized advance notice of an inspection. Can they just walk in and start going through things? You do have the right to legally require OSHA to go to court to seek an inspection warrant before allowing entry. According to Eric J. Conn in an article for SHRM called "Know Your OSHA Inspection Rights": "Before an inspection even begins, employers have a right under the Fourth Amendment to the U.S. Constitution to be free in their workplaces, just as they are in their homes, from unreasonable searches and seizures, which include inspections by OSHA. What that means is, OSHA may not inspect a workplace unless the agency has administrative probable cause (a lower burden than criminal probable cause) to believe that a violative condition exists within. Accordingly, employers have a right to demand an inspection warrant that establishes OSHA's probable cause to inspect." Better worksites. Better weekends. Better world. EXCLUSIVE MEMBERS-ONLY CONTENT REDACTED Join us now at www.psai.org for access to this valuable information.