OSHA inspection authority

Under 1960.31(a) the Secretary is authorized to conduct announced or unannounced inspections whenever the Secretary deems them necessary. See 1960.31(a).

• This authority is discretionary: OSHA may choose whether to announce an inspection or arrive unannounced based on the situation.
• The regulation specifically lists types of situations (committee issues, committee requests, imminent danger reports) that trigger this authority in 1960.31(a)(1)-(3).

Under 1960.31(a)(1) the Secretary may conduct inspections when an agency has not established occupational safety and health committees or when committees no longer operate in conformance with subpart F of Part 1960. See 1960.31(a)(1).

• If a certified committee is absent or out of compliance with the agency's required committee rules, OSHA has explicit authority to inspect the workplace to evaluate program effectiveness and compliance.
• Agencies should maintain functioning committees per subpart F to reduce the chance of triggering such inspections.

Under 1960.31(a)(2) the Secretary is authorized to conduct inspections in response to a request from half the membership of record of any certified safety and health committee. See 1960.31(a)(2).

• A request signed or made by at least half of the committee members gives OSHA the authority to inspect; the regulation uses the term "authorized" rather than requiring inspection, so OSHA will evaluate and act on such requests.
• Agencies should promptly address legitimate committee concerns to avoid formal committee requests for OSHA action.

Under 1960.31(a)(3) the Secretary is authorized to conduct inspections in response to an employee's report of an imminent danger situation when a certified committee exists but the Secretary determines that neither the agency nor the committee has responded to the employee. See 1960.31(a)(3).

• OSHA may step in when an employee reports imminent danger and the agency or committee has not taken appropriate action.
• Agencies should promptly investigate and abate imminent danger reports to prevent OSHA intervention.

Under 1960.31(b) the Secretary's inspectors or evaluators are authorized to enter without delay, and at reasonable times, any building, installation, facility, construction site, or other area where agency employees perform work and to inspect and investigate conditions, structures, machines, equipment, and materials therein. See 1960.31(b).

• Inspectors can enter "without delay" and at reasonable times, which allows prompt access when OSHA decides an inspection is needed.
• They may inspect "all pertinent conditions" and question employees privately.
• The inspection authority covers workplaces, construction sites, and related equipment used by agency employees.

Under 1960.31(b) inspectors are explicitly authorized to question privately any employee, any supervisory employee, and/or any official in charge of an establishment. See 1960.31(b).

• "Question privately" means the inspector can interview employees away from supervisors or coworkers to get candid information relevant to the inspection.
• Employees should be aware they may be interviewed during an inspection and that inspectors have this statutory authority.

Under 1960.31(c) the Secretary may make scheduled inspections as an integral part of OSHA's evaluation of an agency's safety and health program in accordance with subpart J of Part 1960. See 1960.31(c).

• These scheduled inspections are part of broader program evaluations rather than just complaint-driven visits.
• Agencies should expect some inspections to be planned and coordinated as part of subpart J evaluation activities.

Under 1960.31(d) OSHA inspections shall follow the general format set forth for agency inspections in other applicable parts of this subpart. See 1960.31(d).

• This means OSHA uses the inspection procedures and formats established elsewhere in Part 1960 when evaluating federal agencies.
• Agencies should be familiar with Part 1960's inspection procedures and any related guidance that apply to agency evaluations.

Under 1960.31(b) inspectors are authorized to inspect during regular working hours and at other reasonable times. See 1960.31(b).

• OSHA may conduct inspections outside normal business hours when circumstances make it reasonable (for example, to observe shift work or conditions that occur after hours).
• Agencies should be prepared for inspections at reasonable times that reflect their actual work schedules.

Under 1960.31(b) the Secretary's inspectors may inspect "within reasonable limits and in a reasonable manner," which means inspections must be conducted without unnecessary disruption and with due regard for operational needs. See 1960.31(b).

• "Reasonable limits" implies inspectors will avoid overly intrusive actions or limitless rummaging unrelated to the inspection scope.
• "Reasonable manner" requires inspectors to perform their duties professionally and to respect safety, security, and operational constraints to the extent consistent with the inspection objectives.
• If security or mission constraints exist, agencies should communicate them so OSHA can plan inspections appropriately.

Yes. Under 1960.31(b) OSHA's inspectors are authorized to enter and inspect any building, installation, facility, construction site, or other area where work is performed by agency employees, including pertinent structures, machines, apparatus, devices, equipment, and materials. See 1960.31(b).

• Construction sites where federal agency employees work fall squarely within this inspection authority.
• Inspectors can examine equipment and conditions relevant to worker safety at those sites.

Subject: OSHA coverage of DoD Air Force facilities differs by the workforce: military personnel and uniquely military systems and operations are excluded from OSHA coverage, but civilian employees working on non-unique systems are covered and subject to OSHA standards and inspections. See the OSHA Letter of Interpretation Oxygen-deficient atmospheres in HVAC and Part 1960.

• The July 16, 2024 letter explains that Executive Order 12196 and Part 1960 generally exclude military personnel and uniquely military equipment/operations from OSHA jurisdiction, but civilian employees and contractor employees doing non-unique work remain covered.
• When civilian employees are covered, OSHA standards (for example, respiratory protection and inspections under Part 1960) apply and OSHA may inspect applicable workplaces per 1960.31.

Under 1960.31(a)(3) the Secretary is authorized to conduct an inspection in response to an employee's report of imminent danger when the Secretary determines that neither the agency nor the certified committee has responded to the employee. See 1960.31(a)(3).

• If OSHA determines the agency or committee failed to act, OSHA may inspect to assess the imminent danger and require corrective action.
• Agencies should promptly document their investigation and abatement steps when an imminent danger is reported to avoid OSHA intervention.

Under 1960.31(b) the regulation authorizes inspectors to enter, inspect, investigate, and question employees, but it does not expressly authorize seizure of documents or equipment; the text focuses on inspection and questioning authority. See 1960.31(b).

• Because 1960.31(b) does not mention seizure, agencies and inspectors should refer to other applicable statutes, regulations, or agency guidance for authority and procedures related to obtaining records or physical items during an inspection.
• If there is a concern about document access or chain-of-custody, agencies should raise it with the inspector to clarify the appropriate process.

Yes. Under 1960.31(c) the Secretary may make scheduled inspections as an integral part of OSHA's evaluation of an agency's safety and health program in accordance with subpart J of Part 1960, which covers program evaluations. See 1960.31(c).

• These scheduled evaluations are proactive reviews of an agency's overall program, not limited to complaint or imminent danger responses.
• Agencies should maintain documentation of their safety and health programs because scheduled inspections will evaluate program elements and compliance.

Under 1960.31(a) the Secretary is "authorized" to conduct inspections in the listed situations (committee failures, requests from half the committee, employee reports of imminent danger where no response occurred), but the regulation vests discretion with the Secretary about whether and how to proceed. See 1960.31(a).

• The statute authorizes OSHA to act; it does not create an absolute duty to inspect in every instance, so OSHA evaluates requests and reports and decides whether an inspection is necessary.
• Agencies should treat valid committee requests and imminent danger reports seriously and document their response to reduce the likelihood of OSHA determining that intervention is required.

Under 1960.31(b) inspectors may inspect and investigate "any such place of employment, and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein." See 1960.31(b).

• This language authorizes examination of physical workplace conditions, safety systems, machines, tools, protective devices, and materials that affect employee safety.
• Inspectors will focus on conditions and items relevant to recognized hazards and compliance with applicable standards.

Under 1960.31(a) and (b) agencies should maintain current safety documentation and ensure prompt access to workplaces because the Secretary may conduct announced or unannounced inspections and inspectors may enter without delay and at reasonable times. See 1960.31(a) and 1960.31(b).

• Keep safety committees active and in compliance with subpart F to reduce triggers for inspections under 1960.31(a)(1).
• Maintain up-to-date records, training documentation, hazard assessments, and program elements so inspectors can review them quickly.
• Designate knowledgeable points of contact and ensure employees know how to respond to private interviews as authorized in 1960.31(b).