Entry not a waiver

No — allowing OSHA to enter, inspect, review records, or question employees does not waive an employer’s right to contest citations, penalties, or other causes of action under the OSH Act. 29 CFR 1903.5 states that any permission to enter or inspect “shall not imply or be conditioned upon a waiver” of citations or penalties.

• This means cooperation during an inspection does not prevent OSHA from later issuing citations if violations are found.
• It also means an employer keeps the legal right to contest any citation after it is issued.

(See 1903.5.)

No — Compliance Safety and Health Officers are not authorized to grant waivers that prevent OSHA from issuing citations or penalties. 29 CFR 1903.5 explicitly says CSHOs are not authorized to grant any such waiver.

• Any verbal or written assurance by an inspector that appears to limit future enforcement is not a valid waiver under the regulation.
• If you believe an inspector made such a promise, document it and raise it through OSHA’s regional or national channels; it does not change the employer’s legal obligations.

(See 1903.5.)

Generally no — OSHA will normally not issue an additional citation for the exact same condition, equipment, and location while a previously issued citation for that same condition is under contest. OSHA’s policy on subsequent citation issuance explains that OSHA usually ceases investigatory activities after a properly filed notice of contest and generally does not issue duplicate citations for the exact same condition.

• However, OSHA reserves the right to take enforcement actions necessary to protect workers (for example, seeking relief for imminent danger) even if a citation is under contest. See OSHA’s policy memorandum on contesting

No — an employer cannot condition OSHA’s entry on a promise that OSHA will not issue citations or penalties. 29 CFR 1903.5 makes clear that permission to enter or inspect “shall not imply or be conditioned upon a waiver” of citations or penalties, and CSHOs cannot grant such waivers.

• Any pre-inspection agreement that tries to limit OSHA’s enforcement authority is ineffective; OSHA can still cite violations found during the inspection.
• If you need to negotiate access, do so through appropriate legal channels, but expect that enforcement authority remains intact.

(See 1903.5.)

Yes — OSHA can still take enforcement actions, including seeking relief for imminent danger, even when a prior citation for the same condition is under contest. OSHA’s contesting policy states the Agency may use its authority to seek appropriate relief for practices and conditions considered an imminent danger and may issue citations where appropriate while a related citation is under contest.

• Filing a notice of contest normally suspends abatement and penalty obligations for the contested items, but it does not bar OSHA from acting to protect workers from imminent hazards.
• If your workplace has an imminent danger, address it immediately; OSHA may pursue emergency enforcement regardless of a pending contest.

(See Policy on contesting citations, Sept. 11, 2023 and 1903.5.)

No — providing records to OSHA during an inspection does not waive your right to contest any future citation that might be based on those records. 29 CFR 1903.5 states that permission to inspect or review records does not imply or condition a waiver of a citation or penalty.

• Employers should still preserve their legal rights to contest citations and should follow the contest procedures if they disagree with findings.
• Keep copies and a record of what was provided to OSHA to support any later contest or discussion.

(See 1903.5.)

Not necessarily — voluntary cooperation does not automatically prevent OSHA from issuing serious citations if the facts support such citations. 29 CFR 1903.5 clarifies that allowing OSHA to enter or inspect does not mean a waiver of citations or penalties.

• Cooperation may help demonstrate good faith and can be relevant during penalty assessment, settlement, or abatement discussions, but it does not remove OSHA’s authority to issue citations for violations found.
• If you believe issues found are minor or already abated, document corrective actions and communicate them to OSHA promptly.

(See 1903.5 and Policy on contesting citations, Sept. 11, 2023 for how OSHA handles contested matters.)

If an employer believes an inspector made an improper promise not to issue citations, they should document the interaction and raise the matter with OSHA management rather than treating it as a binding waiver. 29 CFR 1903.5 states that CSHOs are not authorized to grant waivers, so any such promise is not valid.

• Immediately document date, time, names, and what was said; collect any supporting evidence.
• Contact the Area Office supervisor or the Regional Office to report the statement and request clarification.
• OSHA’s national enforcement policy and the local Regional Administrator can review inspector conduct if needed.

(See 1903.5.)

No — allowing OSHA to take photographs or samples during an inspection does not waive the employer’s right to contest citations or penalties. 29 CFR 1903.5 makes clear that permissions to enter, inspect, or review do not imply a waiver of any cause of action, citation, or penalty.

• Employers should document what was collected and request inventory or copies when appropriate.
• Preserve chain-of-custody information for samples if future challenges to the evidence are anticipated.

(See 1903.5.)

No — posting the OSHA poster does not satisfy the notification requirements for employee exposure and medical records under 29 CFR 1910.1020(g)(1). OSHA’s letter of interpretation explains that the OSHA poster informs workers of their general rights but does not provide the specific information required about the existence, location, and availability of exposure and medical records.

• Employers must inform employees (when they enter and at least annually) about: the existence, location, and availability of records; the person responsible for the records; and employees’ rights of access. See Employee exposure records notification, July 16, 2018 for details.
• Employers must also provide records within 15 working days upon request per [29 CFR 1910.1020(e)].

(See Employee exposure records notification, July 16, 2018 and 29 CFR 1903 for related posting rules.)

No — intermittent display on a looping TV monitor does not meet posting requirements unless a readily accessible, physical copy is also posted in a conspicuous location. OSHA’s interpretation of posting rules explains that required notices must be readily available and accessible to employees at all times, and intermittent display alone is insufficient.

• OSHA recommends posting physical copies near the monitor or in another conspicuous location so employees can readily find and read required notices. See OSHA’s interpretation on electronic posting: Electronic posting requirements, Nov. 5, 2014.
• The general posting rule is found at 29 CFR 1903.2 (see related interpretations).

(See Electronic posting requirements, Nov. 5, 2014 and 29 CFR 1903.)