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Safety Watch OSHA Inspector at Your Front Door By Jack Fearing, CPEA T he thought of starting your day by having an unexpected visit from an Occupational Safety and Health Administration (OSHA) inspector or compliance ofcer is one that not many of you would welcome. But welcome or not, it is something that can happen without any notice. With that in mind, the best way to prevent an unexpected "knock at the front door" is to ensure that you have an aggressive and proactive safety program in place. Tis includes not only compliance with the standards but also both demonstrated employee participation and active management support. A major provision of the Occupational Safety and Health Act of 1970 authorizes OSHA to conduct workplace inspections and investigations to determine whether employers are complying with standards issued by OSHA for safe and healthful workplaces. During the course of an inspection, the inspector will also enforce Section 5(a)(1), known as the "General Duty Clause," which requires that every working man and woman must be provided with a safe and healthful workplace. Workplace inspections are always conducted without advance notice, which is required by law. Tere are, however, special circumstances under which OSHA may give notice to an employer, but any notice will normally be less than 24 hours. Tese unique circumstances include the following: • Imminent danger situations that require correction as soon as possible; • Accident investigations where the employer has notified the agency of a fatality or catastrophe; • Inspections that must take place A major provision of the Occupational Safety and Health Act of 1970 authorizes OSHA to conduct workplace inspections and investigations to determine whether employers are complying with standards issued by OSHA for safe and healthful workplaces. 38 JANUARY 2014 COATINGSPROMAG.COM after regular business hours or that require special preparation; • Cases where notice is required to ensure that the employer and employee representative or other personnel will be present; • Cases where an inspection must be delayed for more than 5 working days when there is good cause (e.g., key personnel not available); and • Situations in which the OSHA area director determines that advance notice would produce a more thorough or effective inspection. Employers who receive advance notice of an inspection must inform their employees' representative or arrange for OSHA to do so. If you refuse to admit an OSHA compliance ofcer or attempt to interfere with the inspection, appropriate legal action, such as obtaining a warrant to inspect, will ensue. Regardless if you've requested that your workplace be inspected,