Advance notice of inspections

Advance notice of an inspection may only be given in the limited situations listed in 1903.6(a).

• These situations are: apparent imminent danger so the danger can be abated quickly (1903.6(a)(1)); where the inspection is most effective after regular business hours or special preparations are needed (1903.6(a)(2)); to assure presence of employer and employee representatives or needed personnel (1903.6(a)(3)); and other circumstances where the Area Director determines notice would improve the inspection (1903.6(a)(4)).

• See 1903.6 for the full rule text.

Advance notice may be given only if authorized by the Area Director, except that a Compliance Safety and Health Officer (CSHO) may give advance notice in cases of apparent imminent danger if the Area Director is not immediately available (1903.6(b)).

• This means routine advance notice requires Area Director approval, but for urgent imminent danger situations a CSHO can act immediately to enable quick abatement.

• See 1903.6(b) for details.

When OSHA gives advance notice, the employer must promptly notify the authorized representative of employees of the inspection if the representative's identity is known to the employer (1903.6(b)).

• If the employer asks, the CSHO will inform the authorized representative provided the employer gives the CSHO the representative’s identity and whatever other information the CSHO needs to promptly contact them (1903.6(b)).

• Failure to promptly notify the representative or to provide the necessary information may subject the employer to citation and penalty under 1903.15(d)(4).

Advance notice generally may not be given more than 24 hours before the inspection is scheduled, except for apparent imminent danger situations and other unusual circumstances (1903.6(b)).

• In practice this means OSHA cannot routinely schedule inspections days in advance; the normal limit is one day prior unless the Area Director authorizes a longer notice for specific, justified reasons.

• See 1903.6(b) for the rule language.

Any person who gives advance notice of an inspection without authority may be punished by a fine of up to $1,000, imprisonment up to 6 months, or both (1903.6(c)).

• This criminal prohibition implements section 17(f) of the OSH Act and applies to unauthorized disclosure of inspection notices.

• See 1903.6(c) for the statutory text.

Yes — 1903.6(a)(2) specifically allows advance notice where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary.

• Even when this exception applies, advance notice still requires authorization under 1903.6(b) and generally cannot exceed 24 hours unless an exception applies.

• See 1903.6(a)(2) and 1903.6(b).

If there is no authorized representative of employees, 1903.6(b) directs you to 1903.8(b), which explains procedures for employee representation when none has been designated.

• In plain terms: if no authorized representative exists, OSHA follows the procedures in 1903.8(b) to determine how employees will be represented during the inspection.

• See 1903.6(a)(3) and 1903.8(b) for the procedures.

Yes — the employer can request that the CSHO inform the authorized employee representative, but the employer must provide the representative’s identity and any other information necessary for the CSHO to promptly contact them (1903.6(b)).

• If the employer fails to supply the representative's identity or necessary contact information, the CSHO cannot be expected to notify the representative.

• See 1903.6(b) for the requirement.

An employer who fails to promptly notify the authorized representative of an advance-noticed inspection or fails to furnish necessary information may be subject to citation and penalty under 1903.15(d)(4), as explained in 1903.6(b).

• In practice that means OSHA can issue a citation (and assess a penalty) if an employer does not meet its notification duties when advance notice is given.

• See 1903.6(b) and 1903.15(d)(4).

Yes — 1903.6(a)(1) allows advance notice in apparent imminent danger situations when that notice will enable the employer to abate the danger as quickly as possible.

• In such imminent danger cases, a CSHO may give advance notice without Area Director authorization if the Area Director is not immediately available (1903.6(b)).

• See 1903.6(a)(1) and 1903.6(b).

It means the Area Director has discretion to authorize advance notice in other special situations where providing notice would make the inspection more effective and thorough (1903.6(a)(4)).

• Examples could include situations where advance notice allows assembly of technical personnel, access to secure areas, or coordination with other agencies—however, the Area Director must authorize the notice and the normal 24-hour limit under 1903.6(b) applies unless an exception exists.

• See 1903.6(a)(4) and 1903.6(b).

Any person who gives advance notice of an OSHA inspection without authority can be prosecuted under section 17(f) and face criminal penalties as specified in 1903.6(c).

• That criminal prohibition covers anyone who unlawfully discloses inspection timing, not just employers or managers.

• See 1903.6(c).

The role and procedures for an authorized representative of employees in inspections are addressed in 1903.8, including specific guidance for situations where no authorized representative exists in 1903.8(b).

• In practical terms, the authorized representative is the person designated to represent employees during OSHA inspections, and 1903.8 lays out how representation is handled and how OSHA will deal with absent or multiple representatives.

• See 1903.8 and 1903.8(b).

OSHA generally does not issue an additional citation for the exact same condition, equipment, and location while a previous citation for that condition is properly under contest, but OSHA reserves the right to take enforcement actions when necessary to protect workers, including seeking relief for imminent danger (Policy on contesting citations).

• The 2023 letter explains that once a notice of contest is filed, OSHA normally suspends investigatory activities for that contested matter and will not typically re-cite the exact same condition, though the agency can pursue other enforcement (e.g., imminent danger relief) if needed.

• See the OSHA interpretation Policy on contesting citations for details.

If the employer refuses to notify the authorized employee representative or to provide necessary contact information after OSHA gives advance notice, the employer may be cited and penalized under 1903.15(d)(4), as described in 1903.6(b).

• OSHA may pursue citation and penalty for failing to meet the notification duty, and in imminent danger cases CSHOs have authority to act promptly even if the Area Director is not available (1903.6(b)).

• See 1903.6(b) and 1903.15(d)(4).

Yes — the Area Director may authorize advance notice in other circumstances where giving notice would enhance the probability of an effective and thorough inspection, such as coordinating specialists or other agencies (1903.6(a)(4)).

• Such authorization still must follow the limits in 1903.6(b), including the typical 24-hour maximum unless unusual circumstances apply.

• See 1903.6(a)(4) and 1903.6(b).