
Safety is the foundation of a productive workplace. When it isn’t in place or the protections are minimal, the outcome can be catastrophic: every year, hundreds of employees in Oregon suffer serious injuries from slips and falls, overexertion, crushing accidents, and other preventable incidents. In extreme cases, these injuries can lead to disability and wrongful death.
A federal agency known as the Occupational Safety and Health Administration (OSHA) plays an important role in making sure employers meet requisite safety standards. Oregon has its own state-sponsored version whose responsibility includes carrying out on-site inspections. In this article, we’ll explain how this process works and what businesses and employees can expect, so that everyone can work together to keep workplaces across the state safer.
Preparing for an OSHA Inspection
OSHA inspections often occur unannounced, and being caught off guard can lead to unnecessary stress or avoidable penalties. If you’re an employer, you can take proactive steps like the following to demonstrate commitment to a safer workplace:
- Conduct Internal Safety Audits: Regularly assess your workplace for safety and health hazards. You should follow OSHA’s industry-specific guidelines for safety, such as maintaining proper signage, inspecting equipment, and confirming that emergency exits are accessible.
- Train Your Team: Employees are your first line of defense during inspections. Make sure they know safety protocols, their rights under OSHA, and what to do if an inspector arrives. Knowledgeable employees not only reduce risks but also leave a positive impression during inspections.
- Organize Documentation: OSHA compliance officers will request records such as workplace injury logs, safety training certifications, safety meeting minutes, hazard communication plans, and equipment maintenance schedules. Keeping these files updated and easily accessible will make the inspection go more smoothly.
- Establish a Response Plan: Designate a point person or team to handle inspections. They should be well-versed in company policies, effective safety practices, and the inspection process to support smooth communication with the inspector.
What is the OSHA Inspection Process?
OSHA inspections are structured to assess compliance fairly and thoroughly. They are divided into four main phases, each with its own particular objectives.
Preparation and Initial Arrival
Before arriving on-site, OSHA inspectors typically review your company’s history, including past inspections, injury reports, and industry-specific risks. This background research helps them focus on areas where violations are most likely to occur.
It is important to note that the safety and health officer will arrive at your workplace unannounced. Upon arrival, they will present their credentials, which you can verify by contacting your local OSHA office. This initial interaction sets the tone for the inspection, so keep your response professional and cooperative.
Opening Conference
The inspector will explain the purpose and scope of the visit during the opening conference. They may also outline specific areas they plan to evaluate or highlight concerns that triggered the inspection. Employers should use this opportunity to ask questions and confirm the focus of the visit.
Walk-Around
The inspector will tour the workplace to identify potential hazards, evaluate safety procedures, and review employee activities. As part of their inspection procedure, they may also:
- Take photos or videos
- Interview employees about safety practices or concerns
- Request access to safety-related documents
- Test equipment for proper operation or electrical hazards
- Observe operational and emergency procedures
You should accompany the inspector, answer questions honestly, and take notes on their observations. If you notice potential violations, address them promptly if possible.
Closing Conference
After completing the walk-around, the inspector will meet with you to discuss their findings. They will highlight any violations observed, suggest corrective actions, and explain what to expect in terms of citations or penalties. Use this opportunity to clarify details and ask about timelines for abatement.
If you have received a citation, penalty, or notice of proposed action following an inspection, you may request an informal conference. The purpose of this conference is to give employers the opportunity to:
- Discuss the Citation: You can review the citation details, ask questions, and clarify specific findings or concerns.
- Negotiate Penalties: In some cases, penalties may be reduced based on the employer’s willingness to address violations or demonstrate a history of compliance.
- Agree on Abatement Methods and Timelines: You can propose alternative corrective actions or negotiate extensions for resolving violations.
By addressing concerns and working collaboratively with OSHA, Oregon employers may avoid the need for formal appeals or legal proceedings.
What Are the Different Types of Inspections in Oregon?
Not all OSHA inspections happen under the same circumstances. Understanding the different types can help you anticipate why an inspector may arrive at your workplace.
- Worker Complaint-Based Inspections: These workplace inspections occur when OSHA receives a report from a worker or third party alleging unsafe working conditions. Employee complaints can be filed anonymously so that whistleblowers don’t have fear of retaliation.
- Scheduled Inspections: OSHA routinely inspects industries with high rates of workplace injuries or illnesses. If your business falls into a high-risk category, this type of inspection may be part of your operations.
- Invitational Inspections: Some proactive employers invite OSHA to conduct a voluntary inspection, especially if they operate in one of the hazard industries. This collaborative approach helps businesses identify and fix hazards without facing penalties.
- Incident-Triggered Inspections: Severe workplace accidents, such as fatalities, hospitalizations, or catastrophic injuries, will almost always result in an unannounced inspection. OSHA aims to determine whether violations contributed to the event.
- Visible Hazard Inspections: Inspectors may notice safety concerns, such as unguarded machinery or chemical leaks while passing by a worksite. These visible hazards can prompt an immediate inspection.
Outcomes of an OSHA Inspection
The results of an OSHA inspection can vary based on the findings, but common outcomes include:
- Citations: Violations are categorized as serious, willful, repeat, or other-than-serious. OSHA provides written citations specifying the issue, corrective action, and deadlines.
- Penalties: Fines depend on the severity and frequency of violations. Willful violations or repeated ones carry higher penalties, while smaller issues may result in minimal fines.
- Verification of Abatement Action: Employers must correct cited violations and provide evidence of regulatory compliance, such as photographs, reports, or re-inspections.
Post-Inspection Actions to Take
The real work begins after the inspector leaves. This is your opportunity to use the findings as an opportunity to improve workplace safety and prevent future issues.
Creating a Culture of Safety
Engage your team in ongoing safety initiatives, which can foster a sense of ownership over workplace well-being. You should also:
- Regularly update safety training to reflect new OSHA standards or address emerging risks in your industry and;
- Establish teams to monitor conditions, review incidents, and implement preventative measures like safety program development.
Addressing Corrective Actions
Take immediate steps to address the hazards cited during the inspection, and submit all required documentation within the given deadlines. Other recommended steps include:
- Update Policies and Procedures: Review and revise your safety protocols to prevent recurrence. This is especially important for systemic issues.
- Monitor Compliance: Regular follow-ups ensure that any hazards stay corrected and help your workplace stay compliant with OSHA safety regulations.
What If You’re Injured at Your Oregon Workplace?
If you suffer physical harm at your workplace in Oregon, take the following steps to get help and protect your rights.
- Seek Medical Attention Immediately: Your health comes first. If the injury is severe, call 911 or visit the nearest emergency room. For less urgent injuries, such as those due to ergonomic hazards, see a healthcare provider as soon as possible to ensure proper treatment and documentation.
- Report the Injury to Your Employer: Notify your employer about the injury right away. Oregon law requires that injuries are reported promptly to make sure they are covered under workers’ compensation. Failing to report in a timely manner could delay or jeopardize your claim.
- File a Workers’ Compensation Claim: In Oregon, you are entitled to workers’ compensation benefits for most workplace injuries. Your healthcare provider will complete a Form 827, which initiates your claim. Submit it to your employer and their workers’ compensation insurer.
- Follow Your Doctor’s Orders: Complying with your treatment plan is key to your recovery as well as your workers’ compensation claim. Missing appointments or ignoring medical advice could ultimately harm your case.
- Speak to a Lawyer: If your claim is denied, your benefits are delayed, or your injury was caused by hazardous conditions, contact an Oregon workers’ compensation attorney. They can review your claim, guide you through the appeals process, and help you seek the compensation you’re entitled to after being injured on the job.
Injuries can sometimes result from safety violations or hazards that an OSHA inspection could have identified. If you’ve been hurt because of an unsafe work environment, report the hazard to your employer and, if necessary, to OSHA. This not only helps address the issue but also protects your coworkers from similar risks in the future.
Speak to an Oregon Workers’ Compensation Lawyer
OSHA inspections may seem intrusive, but they’re a valuable tool for maintaining a safe and compliant workplace. By preparing in advance, understanding the inspection process, and taking a proactive approach, your business can build a stronger foundation for safety and success.
If you have questions about OSHA regulations or you’ve been injured due to a violation and want to maximize your workers’ comp claim, contact the legal team at Harris Velázquez Gibbens, P.C. Let us use our decades of experience to deliver guidance and representation you can trust.