OSHA INSPECTION PROTOCOL
OSHA INSPECTION PRIORITIES:
1. IMMINENT DANGER. (Top Priority)
Danger exists that can be expected to cause death or serious physical injury.
Compliance Officers will ask that hazards are corrected immediately, or remove
endangered employees from hazard.
(Job can be shut down until hazard is abated.)
2. CATASTROPHES & FATAL ACCIDENTS. (Second Priority)
OSHA must be contacted within eight (8) hours when there is a fatality, or three or
more employees are hospitalized.
Call the local office when the above occurs. If they cannot be reached you may call
the following toll free # (800) 321-OSHA (6742)
CALUMET CITY AREA OFFICE
1600 167th Street Suite 12
Calumet City, IL 60409
Phone:
(708) 891-3800
Fax:
(708) 862-9659
CHICAGO AREA OFFICE (North) DES PLAINES
701 Lee Street Suite 950
Des Plaines, IL 60016
Phone:
(847) 803-4800
Fax:
(847) 390-8220
NORTH AURORA AREA OFFICE
365 Smoke Tree Plaza
North Aurora, IL 60542
Phone:
(630) 896-8700
Fax:
(630) 892-2160
3. COMPLAINTS and REFERRALS.
Formal employee complaints may result in inspections. Allegations of hazards or
violations also receive a high priority. Employees, or anyone filing a complaint will
usually do so anonymously.
4. SPECIAL EMPHASIS INSPECTIONS.
OSHA has a special emphasis programs for construction projects.
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5. FOLLOW-UP INSPECTIONS.
Determines if previously cited violations have been corrected. Additional daily
penalties can be imposed if the hazard has not been abated.
PHONE/FAX INVESTIGATIONS:
For lower priority hazards, and with the permission of someone filing a complaint,
OSHA may telephone the employer to describe safety and health concerns, following up
with a fax providing details on alleged safety and health hazards. The employer must
respond in writing, within 5 working days, identifying any problems found and noting
corrective actions taken or planned. If the response is adequate and the complaint
satisfied with the response, OSHA generally will not conduct an on-site inspection.
OSHA INSPECTION PROCEDURES:
OSHA has the authority to enter, without delay, and at reasonable times, any
construction site to perform an inspection.
Immediately call the office when OSHA shows up on the job-site. Someone
from the office may come out to assist with the inspection, but OSHA cannot be delayed
over one hour.
1. OSHA COMPLIANCE OFFICERS MUST SHOW THEIR CREDENTIALS.
A Compliance officer carries U.S. Department of Labor credentials with a photograph
and serial number. (They are not allowed to collect a penalty at the time of inspection). If you
desire you may call the local office to make sure that this individual is indeed a
compliance officer.
2. OPENING CONFERENCE.
The compliance officer will explain the purpose and scope of the inspection,
walkaround procedures, employee representation and employee interviews. The
employer may select a representative to accompany the compliance officer. An
authorized representative of the employees, also has the right to go along.
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3. INSPECTION PROCESS.
This may cover all or just part of a job-site.
OSHA will determine the route and duration.
OSHA may question employees.
OSHA may take pictures, notes, and instrument readings as necessary.
 Take the same pictures OSHA does (and at different angles) and make
notes of everything discussed.
 OSHA will check that the official OSHA posters are on the job, along with the
OSHA 300 log.
OSHA will point out unsafe work conditions.
 Correct all problems immediately, and make necessary documentation.
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4. CLOSING CONFERENCE.
The inspection will be discussed, and any questions can be answered.
 OSHA will discuss all unsafe conditions and will indicate all apparent violations
for which a citation may be issued. (No specific penalties will be discussed).
 You will be informed of your appeal rights.
 You will be given a copy of “Employer Rights and Responsibilties Following an
OSHA Inspection”, with an explanation of what is covered.
 You should produce records showing compliance efforts.
 You should discuss disciplinary action you have taken for safety
violations, and be able to produce documentation.
5. INSPECTION RESULTS.
The Area Director will determine, after reading the inspection report if any citations
will be issued.
6. CITATIONS.
 Citations must be issued within six months of the date of inspection.
 The alleged violation must be described in detail, including a reference to the
OSHA standard, or regulation that has allegedly been violated.
 The time for abatement of the violation must be stated.
 Violations must be abated as soon as possible.
 The citation must be posted at the job for three days, or until the
violation is abated, whichever is longer.
 An informal conference must be requested within 15 working days of
receipt of the certified letter from OSHA.
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PENALTIES:
Penalties may be adjusted downward based upon such factors as company size, good
faith, and violation history.
 Size Adjustment.
1-25
Employees = 60% Reduction
26-100 Employees = 40% Reduction
101-250 Employees = 20% Reduction
250+
Employees = No Reduction
 Good Faith.
A 25% reduction may be applied if you have a written and implemented safety
program, and are making an effort to provide good workplace safety.
 History Adjustment.
If the company has not been cited for any serious, willful, or repeat violations within
the last three years, an additional 10% may be deducted.
TYPES OF VIOLATIONS:
 Serious.
$1,500 - $5,000, but may go up to $ 7,000.
Substantial probability that death or serious physical harm could result, and you
knew or should have known of the hazard.
 Other than Serious.
$0 -$ 1,000, but also may go up to $ 7,000.
Low probability of resulting in an injury or illness.
 Willful.
Intentional and knowingly commit.
The serious violation is multiplied by a factor of 7. The minimum is $ 5,000, and the
maximum is $ 70,000. Possible criminal prosecution.
 Repeat.
If a previous violation is repeated within three years. The violation is only adjusted
downward for size, and then multiplied by 2, 5 or 10.
 Failure to Abate.
Failure to correct a hazard within the prescribed time period.
This can result in a daily penalty, usually equal to the original penalty.
 Falsifying Records.
Fine of up to $ 10,000 or up to 6 months in jail, or both.
 Assaulting or Intimidating a OSHA Compliance Officer.
Fine of up to $ 5,000 and imprisonment for not more than three years.
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