Observe safety and health conditions and practices.
Interview non-supervisory employees privately.
Take photos, videotapes, and instrument readings.
Examine records.
Collect air samples.
Measure noise levels.
Survey existing engineering controls.
Monitor employee exposure to toxic fumes, gases, and dust.
Interview supervisory employees with a member of management or an attorney present.

The employer representative, who is accompanying the compliance officer, should take photos and videotapes of all items observed and recorded by the compliance officer in advance of the encounter with the compliance officer. If possible, the employer should explain the interview process to employees in advance of the encounter with the compliance officer. The employees should be directed to answer only the questions posed by the compliance officer and to not speculate. Of course, employees should also be told to tell the truth and that no retaliation will be taken against them for cooperating with OSHA.

a. Scope of Walk Through

The walk through may cover part or all of an establishment. If the compliance officer finds a violation in open view, he or she may ask permission to expand the inspection. The employer may refuse access if the request goes beyond the scope of the warrant.

b. Report of Unsafe Conditions

The OSHA Inspection Manual directs the compliance officer to point out to the employer any unsafe or unhealthful conditions observed by the compliance officer. The compliance officer is directed to discuss possible corrective action if the employer so desires. The employer representative who accompanies the compliance officer should take advantage of this opportunity, but should be aware that any information provided by the employer representative during this dialogue should be based on personal knowledge. Further, the employer representative should be advised not to volunteer any information to the compliance officer, but respond only to questions posed by the compliance officer. Any information obtained from the employer representative can be used by the compliance officer as a basis for issuing a citation. Under no circumstances should the employer representative admit to an OSHA violation.

If possible, the employer should correct violations noted by the compliance officers on the spot. The OSHA Inspection Manual provides that such quick action by the employer should serve to help judge the employers good faith in compliance. However, the noted violations may still serve as a basis of a citation.

D. Closing Conference

At the closing conference, the compliance officer will discuss with the

employer all unsafe or unhealthful conditions observed during the inspection and indicate all apparent violations for which he/she may issue or recommend a citation and a proposed penalty. 29 C.F.R. 1903.7(e). During the closing conference, the employer shall be afforded the opportunity to bring to the attention of the compliance officer any pertinent information regarding the conditions of the workplace. 29 C.F.R. 1903.7(e). The employer should be prepared to support a defense based on unpreventable employee misconduct, if applicable. The defense requires the employer to demonstrate an effective documented and published safety program that has been consistently enforced by the employer. Written proof of enforcement measures, such as written warnings to offenders, will be needed to support the employers defense.

E. Citations

a. Statute of Limitations

Citations must be issued with reasonable promptness but in no event may be issued after six months following the occurrence of any alleged violation. 29 U.S.C. 658(a) and (c).

b. Posting

The employer must post a copy of each citation at or near the place a violation occurred for three days or until the violation is abated, which ever is longer. 29 U.S.C. 658(b).

c. Penalties

OSHA may impose civil penalties of up to $70,000.00. An employer who is convicted in a criminal proceedings of a willful violation may face up to six months imprisonment and fines up to $250,000.00 (or $500,000.00 if the employer is a corporation). 29 U.S.C. 666.

d. No Private Cause of Action Created

Every state and federal court which has addressed the argument that OSHA impliedly creates a private cause of action under federal law for violations of those standards have rejected the argument. See, e.g. Russell v. Bartley, 494 F.2d 334 (1974); Byrd v. Fieldcrest Mills, Inc., 496 F.2d 1323 (1974); Jeter v. St. Regis Paper Co., 507 F.2d 973 (1975); Knight v. Burns, Kirkley & Williams Construction Company, 331 So.2d 651 (Ala. 1976). The Fifth Circuit, in Jeter, found that private rights were unaffected by OSH Act:

It seems clear that Congress did not intend OSHA to create a new private cause of action, but, on the contrary, intended private rights to be unaffected thereby.

The provisions for the enforcement of OSHA and the regulations promulgated hereunder are sufficiently comprehensive to make such a private right of action