Having an Occupational Safety and Health Administration (OSHA) inspector walk through the door for an unannounced survey is enough to stress any administrator. When you hear: “I’d like to interview some of your employees,” those eight simple words can leave you feeling like the day cannot get any worse.
Although the administrator cannot refuse to make his or her employees accessible, Mark A. Lies II, a labor and employment lawyer and partner with Seyfarth Shaw LLP in Chicago, points out that both the employee and the employer have certain rights that they may exercise at any time. And sadly, many OSHA inspectors will not tell them what those rights are.
The general rights of each party involved in an OSHA inspection, according to Lies, are outlined below.