669 HAZWOPER for General Site Workers X

Rights of Workers During an Inspection

During an inspection, workers or their representatives have the following rights:

Have a representative of employees, such as the safety steward of a labor organization, participate in the inspection;

Workers or representatives may participate in OSHA inspections.
• Talk privately with the inspector; and
• Take part in meetings with the inspector before and after the inspection.

When there is no authorized employee representative, the OSHA inspector must talk confidentially with a reasonable number of workers during the inspection. Workers are encouraged to:

• Point out hazards;
• Describe injuries or illnesses that resulted from these hazards;
• Discuss past worker complaints about hazards; and
• Inform the inspector of working conditions that are not normal during the inspection.

Following the Inspection. When OSHA determines there has been a violation of OSHA standards, regulations, or other requirements, they issue a citation and notification of proposed penalty to an employer. Depending on the situation, OSHA can classify a violation as serious, willful, or repeat. The employer can also be cited for failing to correct a violation for which it has already been cited. Employers must post a copy of a citation in the workplace where employees will see it.

Workers' Rights following Issuance of Citations

Workers and employers can contest citations once they are issued to the employer. Workers may only contest the amount of time the employer is given to correct the hazard. Workers or their representatives must file a notice of contest with the OSHA area office within 15 days of the issuance of a citation.

Right to Information if No Inspection is Conducted or No Citation Issued

The OSHA area director evaluates complaints from employees or their representatives per the procedures defined in the OSHA Field Operations Manual. If the area director decides not to inspect the workplace, he or she will send a letter to the complainant explaining the decision and the reasons for it.

OSHA informs complainants that they have the right to request a review of the decision by the OSHA regional administrator. Similarly, if OSHA decides not to issue a citation after an inspection, employees have a right to further clarification from the area director and an informal review by the regional administrator.

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