What to Expect During an OSHA Investigation After a Workplace Accident
When a serious workplace accident occurs, employers may face immediate scrutiny from the Occupational Safety and Health Administration (OSHA). For many employers, an OSHA investigation presents unfamiliar procedures and significant financial and legal risk, especially when severe injuries, fatalities or serious hazards are involved. Knowing what to expect and how to prepare can make a significant difference in the outcome.
Below is an overview of the OSHA investigation process and how legal counsel can assist at every stage.
When Does OSHA Investigate?
OSHA initiates investigations for a variety of reasons, including:
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A fatality of an employee (must be reported within 8 hours);
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Hospitalization of an employee (must be reported within 24 hours);
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Amputation or loss of an eye (must be reported within 24 hours);
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Employee complaints;
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Referrals from other agencies or media reports;
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Follow-up or targeted inspections; and
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National, regional, or local emphasis programs.
Serious accidents that require reporting almost always result in an onsite inspection.
What Happens During an Inspection?
An OSHA inspection typically unfolds in several phases:
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Opening Conference: OSHA will begin with an opening conference, identifying the purpose of the inspection and outlining the scope. Employers may have counsel present.
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Walkaround Inspection: OSHA can tour the incident site and any relevant areas. They may take photos, identify potential hazards and document violations of OSHA’s regulations. Employers have the right to accompany the inspector and have counsel present.
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Employee Interviews: Inspectors may interview employees privately. While employers cannot require counsel to be present during non-supervisory employee interviews, counsel should be present for supervisory interviews to protect the employer’s interests.
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Document Requests: OSHA may request safety records, training logs, equipment maintenance reports and OSHA 300/301 logs, among other documents. These requests can be broad, and employers should consult counsel regarding legal exposure, privilege and relevance prior to production. However, if OSHA 300/301 logs are requested, they must be produced within four hours.
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Closing Conference: After the fieldwork concludes, OSHA will hold a closing conference to discuss potential violations; however, OSHA does not have to reveal all of its findings at this time. This conference is a chance to explain the employer’s position, show abatement efforts and begin the process of addressing potential citations.
Citations and Penalties
OSHA has up to six months from the violation to issue citations. Citations will classify any violation as:
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Willful
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Serious
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Other-than-serious
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Repeated
Each classification carries different financial penalties and reputational consequences. In 2025, serious and other-than-serious violations can result in penalties up to $16,131 per violation, while willful or repeated violations carry a potential $161,323 penalty.
Employers have 15 working days to contest citations. Before that, they may request an informal conference with the OSHA area office, which could resolve or mitigate the citations. Involving counsel is crucial during this process.
How Legal Counsel Helps
Involving counsel early in the process, ideally within the first few hours of the incident, can:
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Guarantee proper reporting of the incident;
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Assist in gathering and preserving evidence;
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Ensure the employer’s rights are protected during the investigation and inspection;
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Manage communications with OSHA;
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Prepare supervisory employees for interviews;
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Evaluate potential civil or criminal liability exposure;
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Strategize for informal conferences or formal contests of citation; and
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Assist with negotiating a withdrawal or reduction of the penalties and violations.
Counsel can also help implement or refine safety policies or other abatement procedures to reduce the risk of future citations.
Conclusion
OSHA inspections are not just administrative hurdles, they can lead to significant financial, operational and legal consequences. Being prepared and involving experienced counsel early allows employers to manage these investigations strategically and reduce long-term exposure.
