 From factories to steel mills, offices, hospitals and warehouses, worksites come in all shapes and sizes. But who makes sure they're all safe and helpful? If you said OSHA, guess again. It's up to employers to keep workplaces safe and helpful. OSHA's task is to develop job safety and health standards and enforce them effectively, thereby encouraging employers to reduce hazards through training and voluntary compliance. Workplace inspections are an important part of OSHA's enforcement activity. But what triggers an OSHA inspection? Would you say A, an employee complaint? B, a workplace fatality or catastrophe? C, a high hazard industry? D, a national or local scheduling program? Or E, all of the above? If you said E, you're right. All of those situations could trigger an OSHA inspection. Under the Occupational Safety and Health Act, OSHA has authority to conduct workplace inspections. Specialty trained compliance safety and health officers carry out these inspections. No one really likes unexpected guests, but for OSHA inspections, an unannounced visit is imperative. The compliance officer is more likely to see the workplace as it really is if inspections are performed without advance notice. There are many reasons for inspections, and different types of inspections are given different priorities. Highest priority is given to imminent danger situations. These are situations where a condition exists that could reasonably be expected to cause death or serious injury before ordinary enforcement action can be completed. Next highest priority is given to investigation of fatalities or to catastrophes resulting in the hospitalization of three or more employees. These situations must be reported to OSHA by the employer within eight hours of the accident. Third priority is given to investigation of valid employee complaints and referrals. Every employee has the right to request an OSHA inspection of his or her workplace. It's important to know that OSHA will maintain employee confidentiality and will notify the employee of inspection results. OSHA compliance officers perform programmed or planned inspections regularly in certain high hazard industries. These industries are selected based on the agency's expectation of serious safety or health hazards. Next priority is given to monitoring and follow-up inspections. These follow-up inspections ensure that violations found during previous inspections have been corrected or that the employer is on track in implementing long-term corrective actions. Regardless of the type of inspection, the compliance officer is fully prepared to inspect the workplace for hazardous or unhelpful conditions. Pre-inspection preparation includes learning relevant facts about the industry, researching the history of the establishment, and reviewing all OSHA standards applying to that workplace. Preparation also means that the compliance officer will select the proper test equipment to conduct a thorough inspection. This could include devices that measure air quality, noise levels, toxic gases, electrical hazards, and other potential dangers. The inspection begins when the OSHA compliance officer arrives at the workplace. Upon presenting the proper credentials to the owner, operator, or employer representative, an OSHA compliance officer has authority to conduct an inspection of factories, plants, construction sites, or any other place where work is performed. In 1978, the Supreme Court held that OSHA may not conduct warrantless inspections without an employer's consent. Most of the time, employers readily consent to an inspection. If an employer refuses to admit an OSHA compliance officer even after a warrant is obtained or attempts to interfere in any way with the inspection, the employer could be subject to criminal prosecution. The compliance officer presents official credentials and asks to meet with the employer. The first order of business in the inspection process is the opening conference. Here, the compliance officer will explain the purpose and the scope of the inspection. Next, the employer is asked to select a representative to accompany the compliance officer during the inspection. Usually, the employer's representative is the plant manager or supervisor. If the inspection is being conducted because of an employee complaint, the employer and the employer representative will receive a copy of the complaint of alleged, unsafe, or unhelpful conditions at the workplace. If the employee has requested to remain anonymous, the compliance officer will not give his or her name to the employer. An employee representative may also accompany the compliance officer during the inspection. He or she could be a recognized bargaining representative from the union, an employee member of the Workplace Safety Committee, or another employee who represents the interests of the other employees. Under no circumstances may the employer appoint the employee representative, where there is no authorized employee representative, the compliance officer will consult with a number of employees during the inspection itself. During the opening conference, the compliance officer will review OSHA-required records and the employer's safety and health program. After the opening conference, the compliance officer and the accompanying representatives begin the actual inspection or walk around. The route and duration of the inspection is determined by the compliance officer. As the inspection proceeds, the compliance officer may point out violations of OSHA standards and discuss ways to correct these violations. Some violations can be corrected immediately. Such action by the employer demonstrates good faith and is reflected in the penalty if a citation is issued. During the walk around, the compliance officer may take photos and record audio and video tape of different areas of the workplace, talk with the employees about operations, and take instrument readings. The compliance officer makes every effort, however, not to disrupt work and to safeguard any trade secrets observed during the inspection. If necessary, the compliance officer may speak privately with employees about safety and health conditions in the workplace. Employees are protected under the law from any kind of discrimination against them as a result of reporting their concerns to a compliance officer. After the walk around, the compliance officer conducts a closing conference with the employer or the employer's representative. The employee representative may also be invited to participate. It's a time to freely discuss any problems found during the walk around and how to correct any hazards. It's also a time for frank questions and answers and a discussion of the employer's overall safety and health program. The compliance officer explains all apparent violations for which a citation may be issued and the employer's rights to appeal. The compliance officer does not discuss any proposed penalties, but will inform the employer that penalties may be issued by the area director. After the inspection, the compliance officer reports the findings to the area director who will determine the appropriate citations and penalties. Citations inform the employer of alleged violations, set a proposed time period in which the violations must be corrected, and proposed dollar penalties. It's important to note that the law requires employers to post the citation near the area where the violation occurred. The citation must remain posted for three working days or until the violation is corrected. There are several categories of violations. First is serious violations. These violations cover instances where there is a substantial probability that death or serious physical harm could result and the employer knew or should have known of the answer. This type of violation carries a maximum penalty of up to $7,000 for each violation. Next is willful violations. These are cited when the employer intentionally allows a hazardous condition to exist. Penalties of up to $70,000 can be proposed with a minimum penalty of $25,000 per occurrence for serious willful violations and $5,000 per occurrence for other willful violations. If an employer is convicted of a willful violation resulting in death, upon conviction in criminal proceedings, the offense is punishable by a fine and or imprisonment for up to six months. This fine could be as high as $250,000 for an individual or $500,000 for a corporation. Another is repeat violations, which are cited when a similar violation is found on a subsequent inspection. Up to $70,000 in fines can be proposed for a repeat violation. Next is other than serious violations, which offer hazards that affect job safety and health but are unlikely to cause serious harm. The penalty for this type of violation is discretionary, but if a penalty is proposed, it may not be more than $7,000. Last is failure to abate. In cases where failure to abate a prior violation occurs, a civil penalty of up to $7,000 per day for each day the violation is not corrected could be proposed. Although maximum penalties can be proposed for any violation, it is important to note that the penalties may be reduced based on the employer's demonstrated good faith, the previous inspection history, the size of the business, and the gravity of the violation. When a citation is issued, the employer may request a meeting with the OSHA Area Director to discuss the case. The employee representative can be invited to join in this discussion. After meeting with the employer, the Area Director may or may not decide to revise citations or penalties. Employers will note that the citation specifies a date by which the alleged violation must be corrected. This date is called the proposed abatement date. If the employer makes a good faith effort to correct the problem by the abatement date, but is unable to do so, he or she may file a petition to modify the abatement date. The employer has 15 working days from the time the citation and the proposed penalty are received to contest the citation. To do this, the employer notifies the OSHA Area Director in writing of his or her plans to contest the citation, penalty, or abatement date. This written notification is called a notice of contest. This notice of contest will be folded to the Occupational Safety and Health Review Commission. This commission is an independent agency and is not associated with OSHA. The commission will assign one of its administrative law judges to handle the case. The administrative law judge may either uphold, modify, or eliminate any item on the citation or penalty in this public hearing. The employees and the employer have the right to participate in the proceedings. Once the administrative law judge makes a ruling in the case, any party involved may request further review by the commissioners of the agency. Employees have certain rights in the inspection process too. For example, after an inspection, employees may request an informal conference with OSHA to discuss any issues of concern. Employees may not contest citations, but they can contest the time allotted to the employer to correct violations. They can also contest the employer's petition to extend the time allotted to correct a problem. If the inspection was conducted because of an employee complaint, employees may request a review of why a citation was not issued. OSHA is a federal agency in the Department of Labor. Under the OSHA legislation passed in 1970, states are encouraged to develop and operate under OSHA's guidance their own state job safety and health plans. State worker protection programs must be at least as effective as federal OSHAs and must guarantee employers and employees the same rights as OSHA does. OSHA's consultation program provides a free confidential service mainly to small businesses that can't afford equivalent commercial services. OSHA provides funds to states to pay for professional safety and health consultants to make worksite hazard surveys that allow small employers to identify and eliminate or control hazards. Companies can also participate in OSHA's voluntary protection programs, VPP, which are based on the cooperative and effective use of comprehensive safety and health programs. Upon OSHA approval, VPP participants are removed from routine scheduled inspections but are still subject to complaint and serious accident investigations and periodic VPP on-site visits. Keeping the American workplace free from dangers requires the full attention of every employer and employee in this country. And OSHA is there to help. Through outreach programs, OSHA area and regional offices answer questions and provide guest speakers, handout materials, training, and technical information. In addition, the OSHA Training Institute in Des Plaines, Illinois offers classes in various subjects such as ergonomics, electrical hazards, ventilation, and other safety and health issues. Over the years, the inspection process has changed. Laptop computers and video cameras are replacing the notepad and the still camera. But despite technological changes, one thing remains constant. The dedication of OSHA's frontline professionals to saving lives, preventing serious injuries, and protecting the health of America's workers.