The Occupational Safety and Health Act of 1970 (OSH Act)
provides that, if an OSHA compliance safety and health officer
(CSHO) shows up to conduct an inspection and presents his
credentials to you as the employer, you have a right to guide the
CHSO's walk-around at your workplace.
What sometimes happens, however, is that multiple employers are
present at a worksite. A construction site is one such example. Can
a CSHO who presents his credentials to the general contractor
complete the site inspection without asking each employer at the
worksite to accompany him during the walk-around?
The right to be present
Section 8(e) of the OSH Act provides that "a representative
of the employer … shall be given an opportunity to accompany
the Secretary['s] … representative during the physical
inspection" (29 U.S.C. § 657(e)). Similarly, the
Secretary of Labor has promulgated a regulation that further
enshrines this right:
