While I talk about HR points a lot… You all should know my alter ego is named Safety Guy. While everyone likes to crack jokes about OSHA, there are things you NEED to know before they come knocking for ANY reason.

1. OSHA maintains a random inspection schedule that targets whatever they classify as "Construction" (that likely includes you!).  
2. ANY legitimate SOUNDING complaint from ANY source can trigger an investigation.  
3. If there is a serious accident that involves hospitalization, amputation, loss of an eye, or of course death, you are required to SELF REPORT to OSHA. Failure to do so will result in massive fines right out the gate because someone else involved WILL report the incident. 
4. When OSHA comes to visit, not only will they investigate the immediate situation, but they'll investigate anything else they can lay their eyes on. Documents, training systems, and physical work environments are all fair game.
5. Fines are currently up to $13k for any base or serious violation and up to $124k for willful or repeated violation. In 2021, Congress attempted to spike the penalties again looking for an increase up to $70,000 for serious and $700,000 willful/repeated violations. While this fell apart with the failure of "Build Back Better," I believe it is only a matter of time.

Now, about OSHA itself…

1. OSHA is an annually funded agency that needs to justify its existence every year to Congress. This is motivation to fine companies.
2. All fines/fees assessed against employers go into the Federal Piggy Bank, which is how they get their funding each year. Even more motivation to FIND anything and everything for which to nail companies to the wall for even simple and honest violations.
3. OSHA investigators are not paid all that much. This encourages a work mentality of desire to cause pain to those they view as making more money. Watch out if the government ever decides to put them on commission… Even I might be tempted to change sides!
4. OSHA only has authority over employers, not individual employees. If you can show the company did everything possible to prevent an incident from happening and it was an honest accident or caused by employee’s violation of company policy/procedures, they have no leverage.

So, what can you do? Well, all I can say is, the better prepared you are with your policies, training, and situational awareness, the less you will appear as "low hanging fruit," which are their favorite targets. 99% of the time, OSHA will not divulge what is bringing them to your doorstep.  

While you can legitimately request a warrant before any unannounced inspection, this is more likely to annoy them and increase the odds that they WILL follow through to make your life miserable. 

While you can cater to their will, attempt flattery, and trust in your operations, remember that anything they lay their eyes on can be cited. 

My suggestion is to create an Employee Resource Center that just so happens to give you easy means to slow down OSHA or any other alphabet soup agency, while not increasing your risks. I would establish this center in a breakroom or training room to give a reasonably secluded and secure area where you can escort the investigator. You want it to include:

1. Up-to-date posters (if under 50 employees, I recommend individually printed posters rather than all-in-ones)
2. Master copy of your Employee Handbook (make sure you have a Duty to Report Policy)
3. Master copy of your Company Safety Manual (Collection of required written Safety Programs)
4. Master copy of your SDS File (safety info on all hazardous materials in your company)
5. Collection of USED Safety Training Materials (Sign off sheets should be kept secured in a separate location)
6. Between February 1 and April 30 each year, posting of the latest OSHA 300A (summary of previous year’s workplace injuries/illnesses)

If the investigator requests any additional information, bring it to them at that central location. Once they are done banging their head into what I hope is fully compliant documentation, they will ask/order to take a walk through the rest of the facility… THIS is where you shut the door on them, unless you are extremely confident that your team has cleaned everything up while they were locked away. “I am sorry, but I will need to request you come back with a warrant as I am not authorized/willing to expose trade secrets.”

At this point, the OSHA inspectors can either pack up and leave, or actually divulge what brought them to you in the first place. If they choose the former, you will not likely hear from them again unless they found something off in your documentation. This is because you have cooperated, and they have very little to no cause to get the requested warrant. If they tell you what they are actually looking for, cooperate as best you can, but still do not allow them free reign through your facility if at all possible.

Day to day, if you make the following items part of your company culture, you have a solid chance to send OSHA packing. 

• Have the compliant policies (Safety Manual)
• Provide and require use of adequate PPE for all job types
• Hold the trainings (at least monthly, required bi-weekly in some States)
• HOLD EMPLOYEES ACCOUNTABLE! (This is the one most companies miss that lead to massive fines)
• KEEP DOCUMENTATION ON ALL THE ABOVE! (I'm happy to provide a copy of my ‘Meeting Accountability Form’ upon request)

As always, I hope this helps!