273City of Anaheim
Administrative Regulation
CHAPTER 2 - EMPLOYMENT PROCEDURES
Subject: CAL/OSHA Inspection Policy A.R. 273
Issue Date: April 12, 2000
Revised: July 31, 2009
October 7, 2015
Page (1) of (2)
Purpose:
This regulation is to establish policy and procedures regarding Cal/OSHA inspections
and situations in which a Cal/OSHA inspector requests access to City of Anaheim
property or work operations.
Definitions:
Cal/OSHA inspections are unannounced. The inspector will generally show up at a
location where there has been a serious injury and hospitalization, where an employee has
reported a complaint about a possible safety violation, or at a worksite where an
imminent danger has been identified. Upon entering a City worksite, the inspector is
required to present their identification and will ask to meet with the City's (department's)
representative. There will be an opening meeting during which the inspector is required
to:
Explain the nature and scope of the inspection;
2. Request that an employee representative be invited to accompany the inspector
and employer's representative; and
3. Ask to review appropriate safety records, plans and documentation.
By law, Cal/OSHA inspectors may request to interview employees (in private), and take
photographs, conduct tests, and collect environmental samples. Employees also have
certain rights which include the right to not be interviewed, or they may elect to have a
person of their choice attend the OSHA interview. A City representative may attend the
employee's interview, if the employee elects such. In addition, employees can end the
interview at any time. Any statements made to inspectors are admissible in judicial
hearings. Therefore, to limit the liability of the City and individual employees,
employees have the option to exercise their rights and only designated department
representatives and/or the City Safety Manager are authorized to respond as department
or City of Anaheim spokespersons.
City of Anaheim Administrative Regulation 273
Page (2) of (2)
Procedures:
Departments shall authorize, in writing, specific individuals or job positions (usually
management -level employees) as designated department representatives to accompany
the inspector. An adequate number of people should be selected as designated
representatives to avoid excessive delays once an inspector has arrived on -scene (30 to 60
minutes is reasonable). Failure to begin the inspection in a timely manner could result in
the Cal/OSHA representative obtaining an inspection warrant to enter City property.
This could unnecessarily create an adversarial relationship. The City Safety Manager
should be called anytime a Cal/OSHA inspector arrives at a worksite; however, the
inspection process should not be delayed pending his contact or arrival.
If a Cal/OSHA inspector states the purpose of the inspection is due to an imminent
danger, immediate access to that site must be granted and the department's designated
representative and the City Safety Manager shall be contacted as soon as possible.
At the conclusion of the inspection, the Cal/OSHA inspector will hold a closing meeting
with the designated department representative to discuss any alleged safety standard
violations and any requirements for abatement. If an employee representative is not
included in the closing meeting, the employees' representative may request a separate
closing conference with the inspector. In all cases, the City Safety Manager must be
notified immediately of any proposed or actual violation or citation.
Responsibility:
Attachments: None