Who Is Subject to an OSHA Inspection?

When looking at who is subject to an inspection by the Occupational & Safety Health Administration (OSHA), it is easier to list who is not subject to OSHA inspections. OSHA's scope is far-reaching, but Directive CPL 02-00-051 provides specific exemptions.

Scope

• OSHA can conduct programmed health and safety inspections at any form of business in the United States with more than 10 employees and those with less than 10 employees that are not listed in Appendix A of OSHA Directive CPL 02-00-051. This directive provides descriptions and charts detailing businesses exempt from OSHA inspections.

Exceptions

• Some restrictions are placed on OSHA's right to workplace inspection. These include small farms and small businesses in industries below the national annual average for Days Away, Transferral, and Restriction rates. Current examples of industries in these categories include footwear merchant wholesalers, jewelry stores, and new and used car dealers. See Resources for a link to the complete list.

Farms

• Farms that have less than 10 full-time employees and have not hosted a temporary work camp within the last year are exempt from any form of OSHA inspection. If a temporary work camp has existed within the past 12 months, the farm is subject to inspection.

Small Businesses

• Non-farming businesses with fewer than 10 employees are subject to OSHA inspections unless they are included in Appendix A of OSHA Directive CPL 02-00-051. Excepted businesses are only exempt from programmed safety inspections, however.

Complaints

• Businesses with fewer than 10 employees that meet exemption guidelines can still be inspected by OSHA if a current employee files a safety complaint. Citations for violations discovered during the inspection are restricted.