Yes, you can say “no” to OSHA—
Your legal rights and other matters
By R. Scott Tobin, Esq.
OSHA inspectors come knocking at your door without a warrant. Are you obligated to let them in? The answer is NO. Here’s a list of your legal rights and what to do.
1. Prepare a notice to OSHA that states your company’s policy to cooperate with governmental agencies seeking to lawfully enforce regulations, but that you refuse to allow warrantless searches of premises. Advise and keep notices handy for employees.
2. If OSHA arrives, greet them cordially, examine credentials and copy down names and addresses. Ask the purpose of the inspection and the reasons your company was selected for inspection. Note the inspectors’ answers to your questions. The reasons inspectors provide in person often vary from those given in a subsequent application for an inspection warrant.
3. Advise them of your policy and hand the inspector a copy of the written notice. Do not speak to them further. If there is no warrant, they will leave. Make a note of the name of the person delivering your notice to OSHA inspectors and the date and time of delivery.
4. Notify your attorney that you have been contacted by OSHA.
5. Notify OSHA and the courts that issue warrants of your desire for advance notice of any OSHA application for an inspection warrant.
6. Review your workplace for compliance with OSHA requirements and alert personnel of the prospect of an OSHA inspection.
7. If you receive notice of OSHA’s application for an inspection warrant, take advantage of the opportunity to appear before the court in opposition to the warrant.
8. If OSHA knocks on your door with a warrant, request a copy and any documents in references.
9. Hand the inspectors a written Notice of Protest, again writing down names and addresses of the inspectors and the date and time. This notice should state your belief that the warrant was issued in violation of the law and that probable cause does not exist for the inspection. It also should state that by permitting inspection, you do not waive your right to challenge the validity of the inspection or the authorization for its conduct.
10. Ask the inspectors how they would solve “apparent violations.”
11. Inquire about the inspectors’ backgrounds and experience with each subject covered by “apparent violations.”
12. Keep all documents given to you by OSHA and note on each document the names of the inspectors who gave it to you and the date of its receipt.
13. Do not provide the inspectors with evidence or admissions of OSHA violations.
14. Do not let the inspectors interfere with your employees’ work.
15. Do not let the inspectors out of your sight during the inspection.
16. Do not demonstrate operation of equipment for the inspectors’ benefit.
17. Do not estimate the time you will need to cure “apparent violations.”
18. Do not argue with the inspectors.
19. Do not give the inspectors copies of your employee safety rules or other company records or documents. Do not permit OSHA to look at documents unless its warrant requires that you do so.
20. At the conclusion of the inspection, draft a summary of all comments made and actions taken over the course of the inspection.
Scott Tobin, a principal of Synergy Ventures, LLC, can be reached through Modern Woodworking at 770-399-5114 or 336-882-0120
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