Responding to OSHA investigation: What you do in the first 24 hours matters

A serious workplace incident rarely ends with the incident itself. For many employers, the next challenge arrives when the Occupational Safety and Health Administration (OSHA) begins asking questions. The steps taken during the first 24 hours often shape the course of the agency’s investigation and can affect the company’s position in any resulting enforcement action or litigation.

When a serious workplace incident occurs, most employers immediately focus on caring for injured employees, securing the worksite, and getting operations back up and running. Those priorities are appropriate, but another critical consideration often gets overlooked: preparing for the inevitable government investigation.

You should keep several points in mind in the hours following an incident.

Assume OSHA will investigate

Many employers believe an OSHA inspection only follows catastrophic accidents. In reality, OSHA conducts tens of thousands of inspections each year, many of which stem from employee complaints, referrals, or routine programmed inspections.

Once OSHA initiates an inspection, citations are common. You should therefore treat every serious workplace incident as though it may be reviewed by OSHA and potentially by opposing counsel, a judge, or a jury.

Preserve evidence immediately