OSAH Employee Interviews

OSHA wants to interview your employees during an inspection.

Can they do that?

Yes.

Do you have a say in how this happens?

YES!

Here are six things you need to know:


1) Interviews do not have to happen the same day as the inspection. You can schedule them for a future date.


2) You have the right to have a representative (including an attorney) participate in any management or supervisor interviews.


3) OSHA can demand a private interview for non-management employees, but the employee can request that a representative be present if desired.


4) Employees are not required to give video or audio statements. They do not have to sign any written statements either.


5) The CSHO can speak with your employees informally during the inspection, but you should object to conversations longer than about five minutes. Ask the CSHO schedule an interview instead.


6) You can (and should) prepare your employees in advance of the interview.


Remember - during an inspection of your worksite, you can’t stop OSHA from interviewing your employees, but as the employer, you have rights. Use them.