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744 Working with OSHA
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Participating in an OSHA Inspection

Representation

Under 29 CFR 1903.8, employees and employers have the right to have a representative accompany OSHA Compliance Officers (CSHOs) during physical inspections of worksites for the purpose of aiding such inspections.

Participation in Inspections

Also, like employers, employees have the right to designate an employee of the employer or a non-employee third party to be their representative for inspections in non-trade secret areas. The regulation places certain conditions on third-party employee representatives to ensure their presence aids the inspection.

A non-employee third party representative may participate if, in the judgment of the OSHA CSHO, good cause has been shown why accompaniment by a third party is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace.

General Rights

Here is a brief summary of employee rights regarding OSHA compliance inspections according to 29 CFR 1903.8:

Employee Rights During OSHA Compliance Inspections:

  • Right to Accompany the Inspector: Employees have the right to select a representative to accompany the OSHA inspector during the inspection of the workplace.
  • Right to Speak with the Inspector: Employees can talk privately with the OSHA inspector during the inspection about workplace safety and health conditions.
  • Right to Report Hazards: Employees can report any safety or health hazards they believe exist in the workplace to the OSHA inspector.
  • Protection Against Retaliation: Employees are protected from being retaliated against by their employer for participating in the OSHA inspection or raising safety concerns.
  • Right to Be Informed: Employees must be informed about the results of the inspection, including any citations or penalties issued to the employer.

Knowledge Check Choose the best answer for the question.

2-9. During an OSHA inspection _____.