Inspection procedures and conduct

A Compliance Safety and Health Officer (CSHO) must present credentials, explain the inspection's nature and purpose, and indicate generally the scope and records they wish to review. Under 1903.7(a), the CSHO is required to show credentials to the owner, operator, or agent in charge and to explain the nature and purpose of the inspection and generally indicate the scope and records specified in 1903.3 they wish to review.

• The CSHO may request specific records but may also access additional records listed under 1903.3.
• This introduction helps establish the inspection's boundaries and the employer's opportunity to locate requested records.

Yes — OSHA inspectors are authorized to attach personal sampling equipment to employees to monitor exposures. 1903.7(b) explicitly includes the attachment of personal sampling equipment such as dosimeters, pumps, badges, and similar devices as an example of "other reasonable investigative techniques."

• Inspectors may also take environmental samples and photographs related to the inspection's purpose.
• If sampling involves employee-specific exposure or medical information, trade-secret and privacy considerations may apply; see 1903.9 for trade secret handling.

Yes — a CSHO may question any employer, owner, operator, agent, or employee privately as part of an inspection. 1903.7(b) explicitly authorizes private questioning of individuals at the establishment.

• Private interviews are a normal investigative tool and help the CSHO gather candid information about workplace conditions.
• Employers should not attempt to interfere with private interviews; if trade secrets or privacy issues arise, 1903.9 provides guidance on handling sensitive information.

Yes — inspectors must comply with the employer's safety and health rules and wear appropriate protective clothing and equipment. 1903.7(c) states Compliance Safety and Health Officers shall comply with all employer safety rules and shall wear and use appropriate protective clothing and equipment.

• Inspectors also must take reasonable precautions when using flash, spark-producing, or other equipment to avoid creating hazards during photography or sampling.
• Employers should provide any site-specific PPE or instructions necessary for safe access.

Inspectors must take reasonable precautions to ensure photography or sampling equipment with flash or spark-producing capability does not create hazards. 1903.7(c) requires CSHOs to take reasonable precautions so their actions will not be hazardous.

• If special safeguards or PPE are required in an area (for example, explosive atmospheres), the inspector must follow employer rules and use appropriate equipment.
• If a work area is too hazardous for photography or sampling without special controls, the inspector will coordinate safe methods with the employer or withdraw until it's safe.

Inspections must be conducted to avoid unreasonable disruption of the employer's operations. 1903.7(d) requires that the conduct of inspections preclude unreasonable disruption of operations.

• Reasonable coordination (e.g., scheduling brief interviews, moving around busy work areas) is expected, but inspectors can still enter work areas to inspect hazards.
• If an inspection will significantly disrupt critical operations, employers should raise specific operational concerns with the CSHO so safe accommodations can be discussed without preventing the inspection.

Yes — at the end of an inspection the CSHO must confer with the employer and informally advise them of any apparent violations and allow the employer to provide pertinent information. 1903.7(e) requires the CSHO to confer with the employer or representative and informally advise of any apparent safety or health violations, and to afford the employer an opportunity to present pertinent information.

• This is an informal conference, not a final determination; formal citations (if any) will follow agency procedures.
• Employers should use this meeting to point out corrective actions already taken or provide documentation relevant to the issues observed.

OSHA may conduct inspections at such times and places of employment as the Area Director or CSHO directs, subject to provisions in 1903.3. 1903.7(a) makes inspections subject to the provisions of 1903.3, which governs inspection authority and entry conditions.

• In practice this means inspectors have broad authority to inspect workplaces within OSHA jurisdiction, but inspections must follow legal and procedural limits established in 1903.3.

OSHA may collect samples and documents but must handle trade secret information in accordance with trade-secret protections under 1903.9. 1903.7(b) authorizes taking samples and photographs, and 1903.9 provides the rules for protecting trade-secret submissions.

• Employers should identify trade-secret materials and follow procedures in 1903.9 for marking and submitting them if they believe disclosure would harm their business.
• OSHA will generally allow confidentiality where appropriate while balancing employee safety and the public interest.

Yes — OSHA Compliance Safety and Health Officers have authority to take environmental samples and photographs related to the inspection's purpose. 1903.7(b) explicitly authorizes taking environmental samples and obtaining photographs related to the inspection.

• When photographing or sampling, inspectors must follow safety precautions per 1903.7(c) to avoid creating hazards.
• Photographs and samples are standard evidence-gathering tools and may be used to support any subsequent enforcement action.

Yes — inspections must be conducted in accordance with the requirements of Part 1903. 1903.7(f) states that inspections shall be conducted in accordance with the requirements of this part (Part 1903).

• That means inspectors must follow all applicable procedural rules in Part 1903, including entry authority, scope, and record-access provisions found in 1903.3 and other subsections.

The CSHO may indicate specific records at the start but may access additional records specified in [1903.3] and related parts during the inspection. 1903.7(a) says designation of records to be reviewed at the outset "shall not preclude access to additional records specified in 1903.3."

• Employers should be prepared to provide other relevant records listed in 1903.3 when requested, even if they were not named initially.

Generally no — OSHA normally will not issue an additional citation for the exact same condition, equipment, and location while a prior citation for that condition is under contest. The September 11, 2023 Letter of Interpretation on contesting citations explains that OSHA "generally does not issue an additional citation for the exact same condition, equipment, and location as that previously cited and under contest," though OSHA reserves the right to take enforcement action (including seeking relief for imminent danger) when necessary; see https://www.osha.gov/laws-regs/standardinterpretations/2023-09-11.

• This policy is subject to operational needs: OSHA may still act immediately for imminent danger under its authority.
• Employers with contested citations should be aware that abatement and penalty obligations are suspended only until adjudication, per the LOI.

Other reasonable investigative techniques include, but are not limited to, devices and methods to measure employee exposures and attachment of personal sampling equipment to employees. 1903.7(b) defines "employ other reasonable investigative techniques" to include use of devices to measure exposures and attaching dosimeters, pumps, badges, and similar devices.

• Examples: direct-reading instruments, air sampling pumps, noise dosimeters, and photographic documentation.
• All such techniques must be performed safely and consistent with 1903.7(c) requirements (precautions, PPE).

Yes — during the informal conference at the end of the inspection, the employer is afforded an opportunity to present pertinent information regarding workplace conditions to dispute or explain apparent violations. 1903.7(e) requires that the employer be given the chance to bring relevant information to the CSHO's attention during the closing conference.

• Employers should bring documentation, photographs, or records showing abatement steps, alternative compliance measures, or factual corrections.
• The closing conference is an informal part of the inspection; formal citation decisions will follow agency procedures.

Yes — inspectors must comply with employer safety and health rules, so reasonable site-specific orientation or safety training may be required before entry, provided it does not unreasonably delay the inspection. 1903.7(c) requires CSHOs to comply with all employer safety and health rules and to wear appropriate protective equipment.

• Employers should ensure any orientation is limited to safety requirements and does not impede the inspector's ability to conduct a timely inspection.
• If an employer's safety rules would prevent the inspector from obtaining necessary evidence, the inspector and employer should work cooperatively to find a safe method to proceed.

OSHA may take photographs in restricted areas for inspection purposes, but trade-secret and confidentiality concerns must be handled under 1903.9. 1903.7(b) authorizes obtaining photographs related to the inspection, and 1903.9 addresses protection of trade secrets.

• Employers should identify and follow trade-secret submission procedures for sensitive materials.
• OSHA balances the need to document conditions with confidentiality protections required by law.

If an employer believes an inspection is causing unreasonable disruption, they should raise the specific operational concerns with the CSHO promptly and propose safe accommodations that allow the inspection to continue without undue interference. 1903.7(d) requires inspections to preclude unreasonable disruption, which implies cooperation between the employer and inspector to minimize interference.

• Examples of accommodations: brief pauses to shift critical operations, scheduling interviews during break times, or routing inspector movements around sensitive processes.
• If disputes persist, the employer can document concerns and later raise them through OSHA regional or legal channels.

No — an employer cannot refuse an inspection simply because they disagree with the CSHO's described scope; inspections must be conducted in accordance with Part 1903 and the inspector may access additional records as authorized. 1903.7(a) requires the CSHO to indicate generally the scope, and 1903.7(f) requires inspections to follow Part 1903 procedures.

• If an employer believes the inspector exceeded legal authority, they should document the issue and raise it with OSHA management rather than refusing entry, since refusal can lead to legal consequences.
• Employers retain the right to contest any citation or alleged overreach through established administrative or legal processes.

No — posting OSHA required notices only intermittently on a looping television screen does not meet the requirement that notices be readily available and accessible at all times. OSHA's November 5, 2014 Letter of Interpretation about electronic posting concluded that notices must be readily available and continuously accessible, and suggested posting physical copies near the monitor; see https://www.osha.gov/laws-regs/standardinterpretations/2014-11-05-0.

• Employers should post a physical copy of all required notices in a conspicuous location where employees customarily view postings to comply with posting requirements.
• This LOI reinforces that electronic displays alone, if intermittent, are not sufficient under posting rules.