Your Rights and Responsibilities During an OSHA Inspection

Beth Dean 04.01.24
Graphic - Blog 2024-04-02 Rights and Responsibilities During an OSHA Inspection

An OSHA inspection can feel daunting, but understanding the process can empower you to get through it smoothly. This guide will equip you with the knowledge you need to ensure a collaborative and efficient experience for everyone involved.

When might you encounter an OSHA inspector? 

Imagine a concerned employee reports a potential safety hazard. Or a recent accident at your workplace triggers an investigation. These are just some scenarios that could lead to an OSHA visit. The good news is that inspections can be completely random, ensuring everyone adheres to safety standards.

What types of inspections are there? 

  • In the most urgent case, an imminent danger inspection takes top priority, with the inspector arriving promptly to address any immediate threats. 
  • If a serious accident occurs, like a workplace fatality, an accident inspection follows to investigate the cause and prevent future tragedies.
  • Employee complaints can also trigger an inspection, where the inspector focuses on the specific concerns raised. 
  • Programmed inspections are like surprise quizzes, ensuring everyone is prepared and following the established safety rules.
  • Follow-up inspections wrap up the investigation, checking if previously identified issues have been addressed.

What can you expect if an inspector arrives? 

The inspection begins with an opening conference, where the inspector explains the purpose of their visit, and requests relevant documents. This visit is your chance to ask questions and understand the scope of the inspection.

Next comes the walkaround, where the inspector, accompanied by employer and employee representatives, embarks on a physical tour of the workplace (see the latest updates to this in “What’s New” below). Imagine the inspector as a detective, carefully examining the work environment for any potential hazards. During this phase, the inspector might take notes, photographs, or measurements to document their findings.

Finally, the inspection concludes with a closing conference, where the inspector discusses their observations and potential next steps. This final step could involve recommendations for corrective actions or, if they found violations, the issuance of citations.

As an employer, you have certain rights and responsibilities throughout this process. 

You can request and review the inspector’s credentials, accompany them during the walkaround, and request a copy of the inspection report. However, remember that cooperation and transparency are key to a smooth inspection.

Employees also have a voice. 

Employees can file complaints if they feel unsafe and have the right to be present during the walkaround with a chosen representative. 

What’s New

OSHA just introduced a new rule that may allow additional people to attend the walkaround phase of the inspection. Effective May 31, 2024, the new rule lets workers choose a union representative, even a non-employee, to join safety inspections, even if it’s a non-union workplace. This expands employee rights but could raise concerns for employers. Businesses can still deny entry to these representatives, but doing so might trigger legal challenges. To prepare, companies can review their inspection procedures, train managers, and consider forming safety committees as an alternative.

You can learn more about OSHA inspections on their handy overview. Are you a Nextep client? If so, and your worksite is subject to an OSHA inspection, please get in touch with us for help! We can guide you through your rights and responsibilities and work together to create a safe and healthy work environment.

Also on Nextep

Summer heat does not wait for paperwork. When temperatures surge past triple digits across the South and Midwest, heat safety is compromised. Your crew on the asphalt or inside an unconditioned warehouse faces real danger within minutes. OSHA updated its National Emphasis Program for heat hazards to sharpen its enforcement focus. They added 22 industries […]
Read more
Mark your calendars! New compliance rules take effect this October, and protecting your business starts with knowing what is changing. The latest updates bring major changes to state and federal employment laws, changing everything from workplace policies to payroll. Key changes include the federal repeal of OFCCP affirmative action mandates and Alabama’s ban on sexual […]
Read more
States are enacting new workplace artificial intelligence laws that focus on transparency and worker privacy. If your business uses software to score applicants or screen current employees, state laws now demand clear notices and strict record-keeping. Connecticut will require a disclosure starting in October when AI informs major employment decisions. Colorado mandates notices for job […]
Read more
When shopping for the right PEO for your business, you’ll naturally look for a few checkpoints, such as technology, employee benefit options, and customer service. But perhaps the biggest point you’ll need assurance on is their trustworthiness. That’s where ESAC accreditation comes in. The Employer Services Assurance Corporation (ESAC) is one of the Professional Employer […]
Read more
It can be tricky to determine whether to classify your employees as exempt vs nonexempt. Good thing we’re here to help.  Exempt vs. Nonexempt: Exempt means that an employee doesn’t receive overtime pay regardless of hours worked. Nonexempt means that an employee must receive overtime pay (typically at a rate of time and a half) […]
Read more
July brings a fresh wave of state and federal compliance updates. Nextep has the complete rundown to keep your business on track. Get started using these quick links: Part 1: Federal Compliance Spotlight: New EEOC National Enforcement Plan On June 4, 2026, the Equal Employment Opportunity Commission (EEOC) voted to replace its previous Strategic Enforcement […]
Read more
When a week of snow plows across the United States, it leaves a few important questions. Is travel to the workplace safe? Who absolutely needs to be there? And which employees will get paid? How do I prepare for inclement weather days? Having an inclement-weather policy answers all the questions above in advance for you […]
Read more
If your employee needs health-related time off, the Family and Medical Leave Act (FMLA) may require your company to provide it. This FMLA 101 guide will help you navigate the process. Now that we’ve covered the basics, this guide will explain the Family and Medical Leave Act (FMLA) to help you handle employees’ leave requests […]
Read more
It’s that time of the year again! To stay current with the latest federal regulations, ensure your workplace labor posters are up to date. This helps you avoid potential fines and stay compliant. Several state compliance laws have changed at the start of the new year, which may require you to update your employees’ posters. […]
Read more
For years, HR teams have asked: If an employee has a 30-minute appointment, but it takes them an hour to get there, is that drive time Family Medical Leave Act (FMLA)-protected? The Department of Labor (DOL) just gave us a definitive answer in Opinion Letter FMLA2026-2. For employers, this is both a compliance requirement and […]
Read more
In December 2025, the Occupational Safety and Health Administration (OSHA) highlighted seven specific Letters of Interpretation (LOI). Below is a summary of what this means for the employer and how these resources can be used to mitigate risk. The Big Picture: Why This Matters OSHA is signaling a shift toward a “compliance assistance” model. Rather […]
Read more
As we kick off 2026, we’d like to give you a heads-up regarding changes to Federal Unemployment taxes (FUTA) for employees in California, the Virgin Islands, and New York. Some states are subject to a “Credit Reduction,” which essentially means employers in those states pay a higher federal unemployment tax rate to cover outstanding federal […]
Read more

Download the Elevate by Nextep™ App


Download the Nextep Mobile App in Apple iOS or Google Play