Written by Jared B. Caplan and Anne R. Yuengert from Bradley Arant Boult Cummings LLP on September 24, 2024
Most frequently, employers do not hear from OSHA unless they report a workplace injury. When a reported workplace injury does occur, OSHA will perform a walkthrough inspection of the worksite and may ultimately issue a citation for hazardous conditions OSHA believes may have caused or contributed to the incident. However, OSHA is not limited to issuing citations for hazardous conditions that may have caused or contributed to a workplace injury. Rather, OSHA can cite employers for any and all hazardous conditions to which workers may have been exposed regardless of whether the cited condition was in any way related to the incident.
In fact, OSHA doesn’t need any excuse to inspect your workplace at any time. OSHA has the right to inspect your workplace based on (1) a reported workplace injury, (2) an anonymous complaint, (3) a media report (e.g., press report of a fire, explosion, or incident), (4) a governmental decision to target a certain industry, or (5) a random decision.
If OSHA sees a hazardous condition – with or without a workplace injury – the employer is subject to citation. So, be on constant alert for hazardous conditions on your worksites as you never know when OSHA may come knocking on your door.