Inspection authority and procedures

Yes — under 1903.3(a) OSHA Compliance Safety and Health Officers are authorized to enter without delay and at reasonable times any workplace where employees perform work.

• They can inspect and investigate during regular working hours and at other reasonable times, and they must act within reasonable limits and in a reasonable manner.
• The authority covers factories, plants, construction sites, and “other area[s], workplace[s] or environment[s]” where employees work.

Reference: 1903.3(a).

OSHA may inspect any pertinent conditions, structures, machines, apparatus, devices, equipment and materials, and may review records required by the Act and regulations or other records directly related to the inspection's purpose.

• The authority to review records includes OSHA-required logs and other records that bear directly on the reason for the inspection.
• OSHA may also review “other records which are directly related to the purpose of the inspection,” not only those explicitly required by the Act.
• Be aware that some records (for example, medical and certain exposure records) have privacy protections and separate access rules; see OSHA’s interpretation on employee exposure and medical records at https://www.osha.gov/laws-regs/standardinterpretations/2018-07-16 for details.

Reference: 1903.3(a) and OSHA letter of interpretation on exposure/medical records at https://www.osha.gov/laws-regs/standardinterpretations/2018-07-16.

Yes — 1903.3(a) expressly authorizes Compliance Safety and Health Officers to question privately any employer, owner, operator, agent or employee.

• "Privately" means the inspector may speak to workers away from supervisors or others so they can provide candid information.
• Employers should understand that private interviews are a standard part of an inspection; employees also have protections against retaliation for cooperating with OSHA (see related recordkeeping and anti-retaliation guidance in OSHA enforcement memoranda such as https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10).

Reference: 1903.3(a) and OSHA memorandum on recordkeeping enforcement at https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10.

No — 1903.3(a) authorizes Compliance Safety and Health Officers to enter without delay and at reasonable times to inspect workplaces; consent is not required for those inspections.

• The statute gives OSHA the authority to enter and inspect within reasonable limits and in a reasonable manner.
• If an employer refuses entry, OSHA has enforcement options available under the OSH Act and related procedures.

Reference: 1903.3(a).

Yes — 1903.3(a) allows inspections during regular working hours and at other reasonable times.

• "Other reasonable times" can include hours outside the employer’s normal day if the inspector determines it is necessary and reasonable for the inspection.
• Inspectors must operate within reasonable limits and in a reasonable manner when scheduling and conducting inspections.

Reference: 1903.3(a).

Yes — 1903.3(a) covers any ``factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer,'' which includes remote job sites and locations without a single central workplace.

• OSHA’s authority reaches construction sites and other non-permanent workplaces where employees perform work.
• For administrative issues like where to post notices when a fixed establishment is not practical, OSHA has related guidance (see posting guidance in OSHA interpretations, e.g., https://www.osha.gov/laws-regs/standardinterpretations/1998-05-22-1 about posting in portable stalls).

Reference: 1903.3(a) and related posting interpretation at https://www.osha.gov/laws-regs/standardinterpretations/1998-05-22-1.

Yes — 1903.3(a) permits OSHA to review "other records which are directly related to the purpose of the inspection," so records beyond those strictly required by the Act may be examined if they are relevant.

• Examples include contractor logs, training records, equipment maintenance documents, or operating procedures that bear on the inspected hazard or incident.
• Note that some record types (like employee medical records or certain exposure data) have privacy protections and specific access rules; see OSHA’s interpretation on employee exposure and medical records at https://www.osha.gov/laws-regs/standardinterpretations/2018-07-16.

Reference: 1903.3(a) and the interpretation on exposure/medical records at https://www.osha.gov/laws-regs/standardinterpretations/2018-07-16.

Yes — but only if the Compliance Safety and Health Officer has obtained the appropriate security clearance before inspecting those areas, as required by 1903.3(b).

• OSHA cannot lawfully inspect classified or national-security-controlled areas absent the required clearance.
• Employers operating in such environments should coordinate access requirements so inspectors can obtain necessary clearances in advance.

Reference: 1903.3(b).

No — inspections by Department of Labor Compliance Safety and Health Officers under section 8 and Part 1903 do not affect a State’s authority to conduct inspections under agreements and plans authorized by section 18 of the Act, as noted in 1903.3(a).

• State-plan agencies retain their inspection authority; federal inspections do not supersede or eliminate state actions done under an approved State Plan.

Reference: 1903.3(a).

Yes — 1903.3(a) authorizes inspection of all pertinent conditions and materials, which has been interpreted to include taking photographs and copying records when reasonably related to the inspection.

• Inspectors typically document conditions with photos and may copy relevant records, provided they act within reasonable limits and protect any sensitive or private information as required by law.
• If documents include private medical or exposure information, OSHA follows separate rules and guidance on access and privacy (see the employee exposure/medical records interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2018-07-16).

Reference: 1903.3(a) and OSHA interpretation on exposure/medical records at https://www.osha.gov/laws-regs/standardinterpretations/2018-07-16.

Yes — OSHA may conduct follow-up inspections to verify abatement or to determine whether similar violations are occurring, and OSHA’s enforcement policies address follow-up inspections for serious cases; see OSHA’s Enhanced Enforcement Policy at https://www.osha.gov/laws-regs/standardinterpretations/2003-03-12 and the general authority in 1903.3(a).

• OSHA’s Enhanced Enforcement Policy directs follow-up on-site inspections for establishments involved in “High Gravity Citation Cases” to verify abatement and check for repeat problems.
• In many cases OSHA first asks employers to submit documentation showing abatement and may only conduct an on-site abatement verification if that documentation is missing or inadequate.

Reference: 1903.3(a) and the Enhanced Enforcement Policy at https://www.osha.gov/laws-regs/standardinterpretations/2003-03-12.

Generally no — OSHA normally will not issue an additional citation for the exact same condition, equipment, and location that is already under contest; however, OSHA reserves the right to take enforcement actions (including seeking relief for imminent dangers) when necessary to protect workers, as explained in OSHA’s policy on contesting citations at https://www.osha.gov/laws-regs/standardinterpretations/2023-09-11 and under its inspection authority in 1903.3(a).

• When an employer files a timely notice of contest, OSHA will normally cease investigatory activities on the contested item, and abatement/penalty obligations for that item are suspended until adjudication.
• OSHA may still act if it believes there is an imminent danger to workers or other circumstances that require immediate enforcement.

Reference: OSHA policy on contesting citations at https://www.osha.gov/laws-regs/standardinterpretations/2023-09-11 and 1903.3(a).

Yes — 1903.3(a) authorizes private questioning of employees, which means OSHA may interview employees away from supervisors; employers may be present if the employee prefers, but the inspector can request private interviews.

• OSHA commonly interviews employees privately to obtain candid, uncoerced statements; the inspector may explain the reason for a private interview.
• Employers must not retaliate against employees for cooperating with OSHA; see OSHA guidance on employee reporting protections and recordkeeping enforcement at https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10.

Reference: 1903.3(a) and the recordkeeping enforcement memorandum at https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10.

OSHA may question privately any employer, owner, operator, agent or employee present at the workplace under 1903.3(a).

• That includes company management, on-site supervisors, contractors’ agents, and employees working at the site.
• The inspector’s questioning is part of the inspection authority to determine compliance and to uncover conditions affecting worker safety and health.

Reference: 1903.3(a).

Yes — 1903.3(a) requires inspections to occur "within reasonable limits and in a reasonable manner," meaning inspectors must confine their activities to what is necessary for the inspection and avoid unnecessary disruption.

• Reasonableness covers timing, scope, and methods used during the inspection; inspectors should not unduly interfere with operations beyond what the inspection requires.
• If an employer believes an inspector’s conduct is unreasonable, the employer can raise the concern with the Area Office or follow procedures described in OSHA guidance documents.

Reference: 1903.3(a).