Inspection conduct procedures

The inspector must be given all available relevant safety and health information before the inspection starts. This includes hazard reports, injury and illness records, previous inspection reports, and reports of unsafe or unhealthful working conditions, as required by 1960.26(a)(1).

• Provide copies or summaries of recent incident investigations, OSHA/agency inspection reports, and employee hazard complaints.
• Make training, maintenance, and exposure-monitoring records available if they relate to the workplace under inspection.

(See 1960.26(a) for the broader preparation requirements.)

The inspector should determine in advance the actual work procedures and conditions to be inspected so they can bring the proper equipment to conduct an effective inspection. That is the requirement in 1960.26(a)(2).

• This means identifying processes, tasks, and potential hazards (e.g., confined spaces, noise sources, chemical operations) ahead of time.
• Advance planning helps ensure appropriate personal sampling pumps, noise dosimeters, PPE, or instruments are available during the walkaround.

An authorized inspector may enter without delay and at reasonable times any building, installation, facility, construction site, or other workplace where agency employees work, and inspect pertinent conditions, structures, machines, devices, equipment and materials therein. This authority is stated in 1960.26(b)(1).

• The inspector may inspect during regular working hours and other reasonable times and question employees privately.
• The scope covers all conditions and equipment that affect employee safety and health in the workplace.

If there are no authorized employee representatives, the inspector shall consult with a reasonable number of employees during the walkaround. That is the instruction in 1960.26(b)(2).

• 'Reasonable number' means enough employees to understand the work practices and hazards in the area being inspected.
• The inspector should document who was consulted and the information they provided for the inspection record.

Yes — the inspector may request employees to wear reasonable and necessary personal monitoring devices for sampling, and the employer shall encourage employees to wear those devices upon request. This is described in 1960.26(b)(3) and 1960.26(b)(4).

• Examples include noise dosimeters and air-sampling pumps used for the periods necessary to complete effective sampling.

• The rule requires the employer to encourage participation but does not expressly state the employer can forcibly require an employee to wear a device; the inspector’s request and the employer’s encouragement support valid monitoring.

• See also the OSHA interpretation on hexavalent chromium sampling, which explains that acceptable sampling methods are allowed provided they meet performance requirements (OSHA Letter of Interpretation, "Hexavalent chromium sampling methods", https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19).

If the inspector concludes a condition poses an immediate danger likely to cause death or serious physical harm, the inspector shall inform affected employees and the official in charge, and that official (or a person empowered to act) must undertake immediate abatement and withdraw nonessential employees. This requirement is in 1960.26(b)(5).

• If the official in charge needs help to abate the hazard, they shall promptly contact the Designated Agency Safety and Health Official and other responsible agency officials.
• Safety and health committees and employee representatives must be informed of relevant actions.

(See 1960.26(b) for the broader inspection responsibilities.)

At the end of an inspection the inspector shall confer with the official in charge and an appropriate employee representative to informally advise them of any apparent unsafe or unhealthful conditions, and must prepare a written description with particularity of the procedures followed and findings that form the basis for any Notice of Unsafe or Unhealthful Working Conditions. See 1960.26(b)(6) and 1960.26(c)(1).

• The closing conference gives the employer and employee reps an opportunity to provide information and discuss observations.
• The written report must document the inspection steps taken and the factual basis for each finding cited in any notice.

Each agency must issue Notices of Unsafe or Unhealthful Working Conditions promptly: not later than 15 days after completion of the inspection for safety violations and not later than 30 days for health violations, unless there are compelling reasons for a delay. This timetable is prescribed in 1960.26(c)(2).

• If the notice cannot be issued within those timeframes, the official in charge, the employee representative involved in the closing conference, and the safety and health committee (if any) must be informed of the reasons for the delay, per 1960.26(c)(2)(iii).

A Notice must be written, describe with particularity the nature and degree of seriousness of the condition (including reference to the standard or requirement involved), fix a reasonable abatement time, and be copied to specific parties. These elements are required by 1960.26(c)(2)(i)-(iii).

• The notice must: (1) describe the hazard and its seriousness, (2) cite the relevant standard or requirement, and (3) set a reasonable abatement period.
• A copy of the notice shall be sent to the official in charge of the workplace, the employee representative who participated in the closing conference, and/or the safety and health committee (if any), per 1960.26(c)(2)(iii).

Upon receipt, the official in charge must immediately post the notice (or an unedited copy, except for national security reasons) at or near each place the condition exists or, if not practicable, in a prominent place where affected employees will readily see it. Each notice must remain posted until the condition has been abated or for 3 working days, whichever is later. See 1960.26(c)(3) and 1960.26(c)(4).

• If employees do not report to a single location, the notice may be posted at the location from which they operate or report each day.
• The notice must be unedited (except for national security reasons) so employees see the exact findings and abatement requirements.

A copy of each notice must be filed and maintained for a period of five years after abatement at the establishment and made available to the Secretary upon request, per 1960.26(c)(4).

• Keep a complete copy in the workplace’s records for five years after the hazard is abated.
• Be prepared to provide access to the Department of Labor (the Secretary) if requested.

No — the standard requires the employer to encourage employees to wear devices when the inspector requests them, but it does not say the employer may forcibly require employees to wear them; the inspector may request and the employer shall encourage participation, as stated in 1960.26(b)(3) and 1960.26(b)(4).

• The practical effect is that employers should actively promote employee cooperation with monitoring requests and document efforts to encourage participation.
• If employees decline, the inspector should note that in the inspection record and may consider alternative sampling approaches.

Yes — an inspector is authorized to question privately any agency employee, supervisory employee, and/or official in charge of an establishment, according to 1960.26(b)(1).

• Private interviews let inspectors obtain candid information about conditions, procedures, and exposures.
• Employers and employees should respect confidentiality requests and the inspector should document interviews in the inspection record.

If a Notice cannot be issued within 15 days for safety or 30 days for health violations, the persons described in 1960.26(c)(2)(iii) — the official in charge of the workplace, the employee representative who participated in the closing conference, and/or the safety and health committee (if any) — must be informed of the reasons for the delay. This keeps responsible parties aware of inspection progress and reasons for extended timelines.

• Document the reasons for the delay in the inspection record and any communications with those parties.

If the official in charge needs assistance to undertake full abatement of an imminent danger, they shall promptly contact the Designated Agency Safety and Health Official and other responsible agency officials to assist the abatement effort, as described in 1960.26(b)(5).

• The official must also withdraw employees not necessary for abatement and inform safety committees and employee representatives of actions taken.
• Prompt coordination with agency safety officials ensures resources and authority are available to abate the hazard quickly.

When workplace activities are physically dispersed or employees don't primarily work at or report to a single location, the notice should be posted in a prominent place where it will be readily observable by all affected employees — for example, at the location to which employees report each day — per 1960.26(c)(3).

• The goal is to make sure all affected employees see the unedited notice; if posting at the hazard site is impracticable, choose a central reporting or dispatch location.
• Keep copies available for dispersed crews and consider additional communication methods (e.g., email or toolbox talks) while retaining the required posted copy.

Agencies should supply inspectors with all relevant information about the workplace (hazard reports, injury records, prior inspection reports) and help the inspector determine in advance the actual work procedures and conditions to be inspected so appropriate equipment is available, as required by 1960.26(a).

• Provide process descriptions, access to areas, and any required escorts or clearances ahead of time.
• Identify likely sampling needs (air pumps, noise dosimeters, gas meters) based on the work to be inspected so the inspector can be prepared.

OSHA standards may apply to civilian employees in Air Force facilities and to non-unique military activities, but military personnel and uniquely military equipment and operations are excluded from OSHA coverage under Executive Order 12196; see the OSHA interpretation on oxygen-deficient atmospheres (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16) and 29 CFR Part 1960. Where civilian employees are covered, they are subject to OSHA's Respiratory Protection Standard and requirements regarding oxygen-deficient atmospheres.

• The LOI clarifies that civilian contractors and other non-military personnel working in such facilities remain covered by OSHA and must follow relevant respiratory protection and IDLH rules.
• Agency safety officials should determine coverage on a case-by-case basis and apply OSHA protections to covered employees.

The inspector must describe with particularity the procedures followed during the inspection and the findings that form the basis for any Notice of Unsafe or Unhealthful Working Conditions, per 1960.26(c)(1).

• 'With particularity' means stating the steps taken (areas inspected, interviews, measurements), the factual observations (what was seen or measured), and how those facts support each alleged violation.
• Include dates, names of interviewed employees, sampling methods used, and instruments or standards cited to make the report defensible and clear.

During the closing conference the official in charge and the employee representative shall be afforded an opportunity to bring to the inspector's attention any pertinent information regarding workplace conditions. This is stated at the start of the section and in 1960.26(b)(6).

• Use the closing conference to raise factual corrections, explain work practices, or provide documentation that may affect findings.
• The inspector should consider this information and record any relevant points in the inspection file.