Cal/OSHA Inspections 

Cal/OSHA Enforcement inspectors make unannounced visits to ensure California workplaces are safe and healthy. If your business has a documented uncontrolled hazard and, as a result, receives a Cal/OSHA citation, the resulting penalties, legal issues, and lowered employee morale and publicity can have serious financial and business impacts.   

Here are the reasons you may receive a visit from Enforcement: 

• An accident involving a fatal or a serious injury or illness.  

• A complaint alleging an imminent workplace hazard or a violation of a Title 8 Safety Order 

• Complaints from employees are kept confidential. It is against the law to retaliate against employees for reporting safety hazards and concerns. 

• A Cal/OSHA targeted inspection or programmed inspection. 

• Targeted inspections: employers in high hazard industries with high rates of preventable injuries and illnesses and workers’ compensation losses. 

• Programmed inspections in mining and tunneling, petroleum refining, and the underground economy. 

• An “in the area” drop in.  These are less common due to high caseloads. 

Managers, supervisors, and employees need to know what to expect during a Cal/OSHA inspection and how to respond appropriately. 

Presenting Credentials: 

Cal/OSHA inspectors must show their identification and Division of Occupational Safety and Health business card upon arrival.   

Obtaining Permission: 

Cal/OSHA inspectors must obtain consent to conduct an inspection from the person of the highest authority, or their designee onsite.  Instruct your staff on which management contact should be notified of a visit. Inspectors will wait on site about one hour for management contact to arrive or give permission if not present.   It is well within your right to refuse entry; however, the inspector must then refer your case to the Legal Unit to obtain a warrant.  This is not recommended, as it may be perceived as an attempt to hide something and often results in a more thorough investigation later.   

Opening Conference: 

Cal/OSHA Inspectors will conduct an opening conference to explain the purpose and scope for the visit.  

Conducting Walkthroughs 

Inspection walkthroughs may include your entire work site, or a targeted work area. Inspectors have the right to walk around the building (accompanied), interview employees in private, and document hazards with photos and measurements. 

Tips:

• When engaging with an inspector, be courteous and friendly.  

• Limit the inspection focus to only the documents and work areas listed in the opening conference.  

• Accompany the inspector at all times, aside from private employee interviews. 

• Provide neutral, fact-based answers to the inspector’s questions based on your knowledge only; don’t offer opinions or speculations.  

• It is okay to offer follow-up at a later date.  

• Refrain from making jokes about health and safety, worksite, or personnel matters.  

• Keep notes, photos, and records during the visit.  If the inspector takes measurements or readings, conduct the same measurements and readings simultaneously. 

Exit Conference: 

Upon conclusion, the inspector will conduct an exit conference prior to leaving the worksite.  This will provide inspection results, next steps, and timelines. A closing conference to discuss any Enforcement Actions will typically be scheduled at a later date.  Inspectors may request protocols, work procedures, or other documents before making their final determination. Deadlines for submittal range between 24 hours and 14 days. The Injury and Illness Prevention Program (IIPP) may be required immediately, since it is required to be readily accessible to employees.  

Post Inspection: 

Conduct follow-up investigations, corrective actions, and gather requested documents and provide them to the inspector by the stated deadline. Missed deadlines can result in further site inspections or citations. 

Start planning now so you can present a competent, organized, and compliant response to a Cal/OSHA inspection. Designate and train staff to respond to Cal/OSHA inspectors. Maintain your safety programs and employee training procedures at appropriate levels. Keep safety records organized and on site and ensure key staff know how to access them.  

Please reach out to our office for questions or concerns regarding Cal/OSHA compliance.   

The above information and/or recommendations are intended for general guidance only and should not be relied upon for legal compliance purposes.  More detailed information can be found on the Cal/OSHA website.   

Reference: https://content.statefundca.com/safety/safetymeeting/SafetyMeetingArticle.aspx?ArticleID=575