Checklist: Preparing for and responding to a workplace safety inspection (USA)

Introduction

This checklist will assist in-house counsel, private practitioners, and compliance personnel with preparing for and responding to workplace safety inspections. The checklist will enable organizations to understand the triggers for an inspection, prepare for the inspection, and foster a culture of continuous improvement and accountability.

This checklist addresses the following steps:

1. Preparing for a workplace safety inspection
2. Reviewing the results of a workplace safety inspection
3. Undertaking any necessary remediation

This checklist can be used in conjunction with How-to guides: How to prepare for an Occupational Safety and Health Administration (OSHA) inspection, How to implement a workplace safety program and How to use AI to improve workplace safety, and Checklist: Dealing with workplace injuries.

The checklist is presented as a list of requirements that can be checked off as they are addressed. At the end of each step, there are explanatory notes corresponding with each requirement in the checklist.

Step 1 – Preparing for a workplace safety inspection

Step 2 – Reviewing the results of a workplace safety inspection

Step 3 – Undertaking any necessary remediation

Scope and use of checklist

Workplace safety is governed by a cooperative framework involving both the Occupational Safety and Health Administration (OSHA) at the federal level and various state-specific agencies.

OSHA sets the baseline standards for workplace safety across the country, providing guidelines, regulations, and enforcement to protect workers. Individual states also have the authority to implement their own safety and health programs. These programs, known as State Plans, must be at least as effective as the federal OSHA standards. State Plans take into account regional nuances and allow for specific industries to be more precisely regulated, thus addressing unique local safety concerns. Twenty-two states and Puerto Rico have State Plans that cover all employees in the jurisdiction, while seven states and the US Virgin Islands have State Plans that apply only to state or territorial and local government workers (who are not covered by federal OSHA). Workers in the remaining US jurisdictions are covered only by federal OSHA.

The reporting and record-keeping requirements for State Plans must be at least as stringent as those required by OSHA.

For further details about OSHA, see How-to guide: How to prepare for an Occupational Safety and Health Administration (OSHA) inspection.

This checklist sets out the practical steps an organization needs to take when faced with a workplace safety inspection by either federal or state authorities. Steps for organizations to take following an inspection – such as reviewing the results and mitigating identified hazards – are also set out. Note that different industries may have different safety concerns and additional safety requirements, such as health and safety rules set out in a collective bargaining agreement. While OSHA or a state authority will not look for contractual violations in an inspection, organizations should also keep these requirements in mind as a normal business practice as well as in preparation for an inspection.

Note also that the first Trump  administration embarked on an extensive program to repeal regulatory requirements on business and directed federal agencies to eliminate 10 regulations for each new one they introduce. In his second term, President Trump has continued to trim federal regulations. On February 25, 2025, the President issued Executive Order 14219 “Ensuring Lawful Governance and Implementing the President's "Department of Government Efficiency" Deregulatory Initiative” that was designed to rescind regulations and rules that were deemed unlawful or that undermined the national interest. Taking this initiative one step further, on April 9, 2025 the White House issued the more specific “Fact Sheet: President Donald J. Trump Directs Repeal of Regulations That Are Unlawful Under 10 Recent Supreme Court Decisions”. While the regulations being rescinded may not be under the OSHA umbrella or concern workplace safety, these developments do emphasize the importance of staying up to date on any changes in the relevant industry or line of business.

General notes

Overview of workplace safety legal framework

Workplace safety is governed by a cooperative framework that involves OSHA at the federal level, and various state-specific agencies. OSHA sets the baseline standards for workplace safety nationwide, and provides guidelines, regulations, and enforcement that protects workers. Individual states can implement their own safety and health programs, known as State Plans, which must be at least as effective as the federal OSHA standards, or run a hybrid program of the two, known as a Hybrid Federal-State Plan.

Federal OSHA standards apply broadly across industries, but certain sectors may have additional requirements due to the nature of their operations, such as construction, maritime, electric power generation, transmission, distribution industry, and agriculture. A full list is provided on OSHA’s webpage, Industry-Specific Resources. State-specific regulations often impose even more detailed requirements for certain industries, especially in states with significant labor-intensive agricultural activities or other specialized business sectors. These requirements may include comprehensive safety reporting and record-keeping standards that go beyond federal requirements.

OSHA requires employers to keep accurate records of workplace injuries and illnesses, and also requires them to conduct regular workplace safety inspections to identify and correct hazards. The frequency and timing of these inspections are determined by the employer, but they must be done at least annually. Additionally, certain industries, such as construction, manufacturing, and healthcare, have specific guidelines for workplace safety inspections (see OSHA factsheet, Occupational Safety and Health Administration (OSHA) Inspections).

Reporting timeframes

Reports of injuries may trigger an inspection, especially if there are multiple reports that relate to the same workplace hazard (eg, multiple employees sustain injuries due to exposure to exhaust from a forklift in a particular warehouse).

Federal OSHA standards require generally that employers with more than 10 employees maintain records and report certain workplace injuries and illnesses. Smaller employers may be exempt from some of the reporting requirements, although they must still adhere to applicable safety standards. Federal requirements provide that incidents must be reported to OSHA within specified timeframes. Fatalities must be reported within eight hours, while severe injuries, such as amputations, loss of an eye, or hospitalization, must be reported within 24 hours.

Employers must file an Injury Tracking Application (ITA) that helps to determine if their establishment is required to electronically submit 300A and 300/301 data through the ITA.  Covered establishments must electronically submit their OSHA injury and illness data (Forms 300A, 300, and 301 data) by March 2 of the year following the covered year of the data (e.g., for submission of calendar year 2025 data, that date is March 2, 2026). However, not all establishments are required to submit this data. To determine if an establishment is required to electronically submit data to OSHA, employers need to complete  a screening form that can be found here.

States may have their own specific regulations regarding reporting and reporting timeframes. Some states require immediate reporting of fatalities or severe injuries, reflecting a more rigorous approach to incident management. Employers must be aware of and adhere to these state-specific timeframes to maintain compliance.

Record-keeping requirements

Under federal regulations, employers are mandated to maintain specific records of injuries to comply with the OSHA standards (see OSHA webpage, Injury & Illness Recordkeeping Forms – 300, 300A, 301). These include OSHA Form 300 (Log of Work-Related Injuries and Illnesses), Form 300A (Summary of Work-Related Injuries and Illnesses), and Form 301 (Injury and Illness Incident Report). These documents are crucial for tracking workplace incidents and ensuring compliance with federal safety standards.

Note that some states impose additional or more stringent record-keeping requirements that go beyond the federal mandates. For instance, the administrator of California’s State Plan, the Division of Occupational Safety and Health (Cal/OSHA), may require more detailed documentation or additional forms to be completed. Employers must familiarize themselves with their specific state's requirements to ensure full compliance and avoid penalties.

Step 1 – Preparing for a workplace safety inspection

1.1 Identify the applicable state and federal workplace safety laws that apply to the business

When preparing for inspections, the first step is to identify the applicable workplace safety laws that apply to the operations. This will entail a review of federal, state, and local regulations, as well as industry-specific requirements.

Federal OSHA regulations apply to most private sector employers and their employees, as well as to federal agencies and their employees. The Occupational Safety and Health Act of 1970 sets the framework for workplace safety and health standards and includes the following standards, amongst others:

• the Hazard Communication Standard, which requires employers to provide employees with information about hazardous chemicals in the workplace;
• the Bloodborne Pathogens Standard, which requires employers to take measures to prevent exposure to bloodborne pathogens; and
• the Personal Protective Equipment (PPE) Standard, which requires employers to provide personal protective equipment to employees who are exposed to hazardous conditions.

While federal OSHA regulations apply to most employers, some states have their own OSHA plans that may be more stringent or have additional requirements. Businesses operating in states with OSHA-approved State Plans should familiarize themselves with the specific regulations and requirements of that state. For example, California has its own OSHA plan (see State of California DIR webpage, Cal/OSHA) that includes regulations on topics such as heat illness prevention and indoor air quality.

Certain industries may be subject to additional standards beyond those set by OSHA. For example, employers in the healthcare industry may be obliged to follow standards set by the Centers for Disease Control and Prevention (CDC) and the Joint Commission (a healthcare accrediting organization). Failure to follow these standards may result in a healthcare provider losing professional accreditation.

Local governments may also have their own ordinances and requirements that apply to workplace safety. For example, the New York City Department of Buildings has safety standards for the construction industry. These regulations include a ban on smoking at construction sites; registration with the Department for contractors performing certain types of construction; uniform color-coding of sprinkler and standpipes; and new safety training requirements. Organizations should research and comply with local regulations to avoid potential penalties and fines.

1.2 Identify the purpose of the inspection

Most OSHA inspections are surprise events. OSHA lists only four instances when advance notice for inspections will be provided (see OSHA webpage, Advance notice of inspections):

1. OSHA needs to involve management to immediately address cases of apparent imminent danger.
2. An inspection requires special preparation or must be after regular working hours.
3. If management and worker representatives are not likely to be on-site unless they have advance notice.
4. If the OSHA area director thinks a more complete inspection is necessary, such as an investigation following a fatality.

A person who provides advance notice of an inspection without permission from OSHA may be subject to a penalty, for example, a fine of up to $1,000, imprisonment for up to six months, or both (section 666(f), 29 USC).

There are a number of reasons for an OSHA audit or inspection (OSHA factsheet, Occupational Safety and Health Administration (OSHA) Inspections), but some are more likely to trigger an inspection than others. The following reasons will lead to an OSHA inspection and are ranked in order of priority:

1. High hazard environments with issues that pose imminent danger.
2. Someone died or multiple people were hospitalized on a job site.
3. Employees on-site filed complaints or requested an inspection.
4. Other agencies, businesses, or individuals referred a worksite for OSHA investigation.
5. OSHA is following up on a previous inspection to see if violations were corrected.
6. A visit was pre-planned because a workplace previously experienced high incident rates or is in a hazardous industry.

1.3 Gather and review documents from past inspections

The organization should be aware of incidents that will trigger an inspection, so no OSHA inspection should come as a complete surprise. Preparatory steps should be taken after the organization becomes aware of such incidents.

 All relevant documentation must be reviewed when preparing for an inspection. All necessary information must be readily available. The review should include a review of the organization’s historical compliance data, documentation consistency, performance trends, and previous inspection feedback. Additionally, the organization should ensure that all employees are aware of their roles and responsibilities and that all necessary training has been completed. This will allow an organization to demonstrate its commitment to workplace safety and minimize the risk of non-compliance.

Compile and review all safety policies and procedures that relate to the inspection. This includes the organization’s hazard identification policies, its risk assessment protocol, incident reporting policies, and emergency response plan. Historical compliance data will give insights into an organization’s past performance and helps to identify trends and patterns that may indicate potential areas of non-compliance. This information can be used to develop targeted strategies for improvement and to demonstrate a commitment to continuous compliance. In addition, analyzing performance trends helps to identify areas where the organization has made significant improvements and areas that require further attention.

1.4 Cooperate with the inspection

There are very limited legal avenues for preventing an OSHA inspection (see OSHA webpage, Objection to inspection). An organization may object to an inspection if they believe the OSHA inspector lacks ‘administrative probable cause’ to inspect. This is a claim that there are no reasonable grounds to suspect that a violation exists. The organization may request that the inspector be required to obtain a warrant from the court to proceed with the inspection; however, this tactic is rarely used. It is best for employers to cooperate with the inspection unless the lack of administrative probable cause is obvious.

If possible, the scope of the inspection should be negotiated. The inspection should be limited to the physical areas of the premises where incidents occurred, or the instruments or equipment involved. This will minimize the disruption to the organization’s operations.

Step 2 – Reviewing the results of the workplace safety inspection

Once OSHA leaves the premises, the next steps are to conduct a review of the results of the inspection.

2.1 Establish whether any violations were identified

If health or safety violations were identified in the inspection, the specific violations need to be examined and addressed. A thorough review of the organization’s safety procedures and compliance plans might be a useful exercise at a future point, but the immediate focus after an inspection should be on the identified violations.

2.2 Identify any corrective action that is necessary

The violations identified – if any – will dictate the corrective action needed. The initial focus should be on corrective action to address the identified violations.

Note that an employer who fails to correct a violation, for which an OSHA citation has been issued, within the period permitted for its correction may be assessed for a civil penalty of not more than $7,000 for each day during which such failure or violation continues (section 666(d), 29 USC).

2.3 Consider whether the results should be challenged

An organization that disagrees with a finding of an OSHA violation may challenge that finding. The two grounds for mounting such a challenge are either a claim that no violation occurred, or that the organization was not responsible.

To prove a violation of a standard under the Occupational Safety and Health Act of 1970, OSHA must prove that:

• the standard alleged to have been violated applies to the work being carried out;
• the employer failed to comply with that standard;
• workers were exposed to a hazardous condition; and
• the employer knew about the hazardous condition, or could have known with the exercise of reasonable diligence.

If the employer does not deny that the violation occurred, but does not believe they are responsible for it, the burden of proof shifts to the employer to prove at least one of the following:

• the violation occurred due to uncontrollable employee misconduct;
• the standard is not clear;
• no hazard was posed by the violation;
• a greater hazard would be created by complying;
• OSHA failed to follow inspection procedures or failed to issue a citation with reasonable promptness; or
• the employer is not able to comply for some other legitimate reason.

An important factor to consider in deciding whether to mount a challenge is the cost or burden of corrective action versus the cost of mounting a legal challenge. For example, an employer who is cited for failing to provide drinking water (OSHA, Frequently Asked Questions) but who believes that they have provided adequate access to water may decide that the cost of providing more water and cups is easier and more cost-effective than litigating the issue.

Step 3 – Undertaking any necessary remediation

An OSHA inspection should not be viewed as the end of the process. Instead, it should be considered the basis for beginning a new process that focuses on identified deficiencies in workplace safety.

3.1 Take corrective action

If an inspection finds violations, the report of the inspection will identify those violations and set out the corrective action to be taken. It is imperative that these actions be taken immediately, unless the finding of a violation is to be challenged in court. If it is not feasible to complete the corrective action within the time designated for completion, attempt to negotiate an extension of time with OSHA. This extension should be requested as soon as the organization has reason to believe that the deadline will not be met.

3.2 Review policies and procedures

The employer should undertake a review of its policies and procedures once corrective action has been taken, or while it is in the process of being taken,. The focus of this review should be preventing similar violations in the future. Employees should have clearly established avenues for reporting violations. Safety policies and procedures should be updated as necessary.  Although frequently amending safety policies and procedures can be confusing for employees, it is important to update them promptly if they become out of date or experience shows that they are unworkable or require change.  As a result, updates should not be carried out solely in accordance with a fixed schedule.

If deficiencies in policies are identified, the priority is to address these deficiencies as soon as possible. This involves ranking the identified deficiencies in order of severity and urgency, and the most critical issues must be addressed first. Develop action plans based on the prioritized list of deficiencies. These plans should outline specific steps to be taken, responsible personnel, and timelines for completion. The plans should also include a budget, and resources required to implement the necessary changes.

Plan follow-up reviews to ensure that the necessary changes are being sustained over time. Follow-up calls for scheduling regular reviews of the action plans, and also for making sure that the necessary resources are available to maintain the changes. Employee compliance with the new policies and procedures must be monitored, and any issues or concerns that may arise must be addressed.

3.3 Conduct mock inspections

An inspection is a way of ensuring that all compliance obligations, including the obligation to conduct inspections, are being met. Conducting mock inspections is a valuable exercise in preparing for inspections, and in making those inspections less likely to happen in the future. Mock inspections can help to Identify potential findings, develop corrective actions, and improve the overall inspection process. Mock inspections can also help to ensure that all stakeholders are prepared and equipped to respond to inspection findings and recommendations.

Additional resources

OSHA, Industry-Specific Resources

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How to determine and apply relevant US privacy laws to your organization 
How to develop, implement, and maintain a US information and data security compliance program
How to use AI to improve workplace safety
How to implement a workplace safety program

Checklists:

Dealing with workplace injuries 
Determining the difference between an employee and an independent contractor 
Terminating the employment of an at-will employee 
Employee drug testing 
Terminating the employment of an at-will employee 
Determining Family and Medical Leave Act eligibility

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