Employee consultation during inspection

Yes. Under 1903.10, Compliance Safety and Health Officers may consult with employees concerning occupational safety and health matters when they determine such consultation is necessary for an effective inspection.

• The regulation says CSHOs may consult "to the extent they deem necessary for the conduct of an effective and thorough inspection," so officers have discretion about who and how many employees to interview.
• This consultation is part of the inspection process and helps the officer identify hazards, conditions, and possible violations.

Yes. Under 1903.10, any employee shall be afforded an opportunity during the inspection to bring to the CSHO's attention any condition they have reason to believe is a violation of the Act.

• This means employees should be given a chance to report hazards, unsafe practices, or other concerns directly to the inspector while the inspection is underway.
• The protection is logistical (an opportunity to speak); separate protections against retaliation come from other OSHA rules and statutes.

The CSHO may consult with employees "to the extent they deem necessary" for an effective inspection, so the amount and nature of contact is decided by the inspecting officer. See 1903.10.

• "To the extent they deem necessary" gives the CSHO discretion to interview as many employees as needed and to determine whether individual or group discussions are appropriate.
• The goal is an "effective and thorough inspection," so the officer will tailor employee contact to the facts and hazards at the workplace.

The regulation requires that employees be afforded an opportunity to bring suspected violations to the CSHO's attention, which may include private discussions as needed for an effective inspection, but it does not prescribe the exact location or format of those discussions. See 1903.10.

• In practice, inspectors often conduct private or separate interviews when they judge it necessary to get accurate information without employer presence.
• The standard gives the CSHO discretion; if a private interview is necessary for a thorough inspection, the CSHO may arrange it.

No. The regulation gives Compliance Safety and Health Officers authority to consult with employees as they deem necessary, and employees must be afforded the opportunity to bring suspected violations to the officer's attention, so employer actions that effectively block that consultation undermine the inspection process described in 1903.10.

• While the standard does not list specific employer penalties in this text, preventing or obstructing an OSHA inspection or inspector's access to employees can lead to enforcement actions under OSHA procedures.
• If an employer claims a need to supervise or be present during interviews, the CSHO determines whether that presence is appropriate for a thorough inspection.

An employee must be allowed to bring to the CSHO's attention any condition in the workplace which the employee has reason to believe is a violation of the Occupational Safety and Health Act, per 1903.10.

• This includes hazards, unsafe practices, missing safeguards, inadequate training, or other conditions the employee reasonably believes are violations.
• The regulation ensures employees have an opportunity to report suspected violations during the inspection; it does not limit the types of workplace safety or health concerns that may be raised.

Normally OSHA will cease investigatory activities after a proper notice of contest is filed, but the Agency reserves the right to take enforcement actions if necessary to protect workers. See OSHA's policy on contesting citations at https://www.osha.gov/laws-regs/standardinterpretations/2023-09-11 and 1903.10.

• The September 11, 2023 letter states OSHA will normally stop investigatory activities once a notice of contest is properly filed, and obligations for abatement and penalty payment are suspended until adjudication.
• However, OSHA may still take actions it deems necessary — for example, to address imminent dangers — even if prior citations are under contest.

No. 1903.10 says any employee shall be afforded an opportunity to bring any violation they have reason to believe exists to the CSHO's attention during the inspection, not just issues already identified by the inspector.

• Employees may raise new or different concerns that the inspector can then investigate as part of the inspection.
• This helps ensure inspections uncover hazards the inspector might otherwise miss.

The text of 1903.10 requires that any employee be afforded the opportunity to bring suspected violations to the CSHO's attention, which by its plain meaning includes employees regardless of language; inspectors will use reasonable means to communicate as necessary for an effective inspection.

• OSHA encourages communication in languages employees understand; where language is a barrier inspectors may use translators, bilingual staff, or other means to obtain information.
• Employers should facilitate access so all employees—regardless of language—can exercise the opportunity provided by 1903.10.

Yes. Employee reports provided during inspection consultations are a legitimate source of information for the CSHO to use when identifying possible violations and determining the scope of inspection activity under 1903.10.

• The regulation explicitly allows CSHOs to consult with employees to the extent necessary for an effective inspection, and employees are given the opportunity to bring suspected violations to the officer's attention.
• Information from employees can prompt the inspector to examine particular equipment, procedures, or areas that may lead to citations if violations are found.

No. 1903.10 requires that employees be afforded an opportunity to bring suspected violations to a CSHO's attention, but the regulation does not prescribe a specific method for documenting employee statements; documentation practices follow OSHA field procedures and guidance.

• While 1903.10 sets the right of consultation, the procedures for recording interviews, notes, or statements are governed by OSHA's inspection policies and the inspector's standard practices.
• For procedural detail on documentation and follow-up, inspectors refer to the Field Operations Manual and enforcement directives (see OSHA policy referenced in the September 11, 2023 letter at https://www.osha.gov/laws-regs/standardinterpretations/2023-09-11).