OSH Act Sec 8, 29 USC 657

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Inspections, Investigations, and Recordkeeping | Occupational Safety and Health Administration

OSH Act of 1970
/ 
Inspections, Investigations, and Recordkeeping
SEC. 8. Inspections, Investigations, and Recordkeeping
(a) In order to carry out the purposes of this Act, the Secretary, upon presenting
appropriate credentials to the owner, operator, or agent in charge, is authorized --

29 USC 657

(1) to enter without delay and at reasonable times any factory, plant, establishment, construction site, or
other area, workplace or environment where work is performed by an employee of an employer; and
(2) to inspect and investigate during regular working hours and at other reasonable times, and within
reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions,
structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any
such employer, owner, operator, agent or employee.
(b) In making his inspections and investigations under this Act the Secretary may require the attendance and
testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and
mileage that are paid witnesses in the courts of the United States. In case of a contumacy, failure, or refusal of any
person to obey such an order, any district court of the United States or the United States courts of any territory or
possession, within the jurisdiction of which such person is found, or resides or transacts business, upon the
application by the Secretary, shall have jurisdiction to issue to such person an order requiring such person to
appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under
investigation or in question, and any failure to obey such order of the court may be punished by said court as a
contempt thereof.
(c)  

(1) Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of
Health and Human Services, such records regarding his activities relating to this Act as the Secretary, in
cooperation with the Secretary of Health and Human Services, may prescribe by regulation as necessary or
appropriate for the enforcement of this Act or for developing information regarding the causes and
prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph
such regulations may include provisions requiring employers to conduct periodic inspections. The Secretary
shall also issue regulations requiring that employers, through posting of notices or other appropriate means,
keep their employees informed of their protections and obligations under this Act, including the provisions of
applicable standards.
(2) The Secretary, in cooperation with the Secretary of Health and Human Services, shall prescribe
regulations requiring employers to maintain accurate records of, and to make periodic reports on, workrelated deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do
not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another
job.
(3) The Secretary, in cooperation with the Secretary of Health and Human Services, shall issue regulations
requiring employers to maintain accurate records of employee exposures to potentially toxic materials or
harmful physical agents which are required to be monitored or measured under section 6. Such regulations
shall provide employees or their representatives with an opportunity to observe such monitoring or
measuring, and to have access to the records thereof. Such regulations shall also make appropriate
provision for each employee or former employee to have access to such records as will indicate his own
exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee
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Inspections, Investigations, and Recordkeeping | Occupational Safety and Health Administration

who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at
levels which exceed those prescribed by an applicable occupational safety and health standard
promulgated under section 6, and shall inform any employee who is being thus exposed of the corrective
action being taken.
(d) Any information obtained by the Secretary, the Secretary of Health and Human Services, or a State agency
under this Act shall be obtained with a minimum burden upon employers, especially those operating small
businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent
feasible.
(e) Subject to regulations issued by the Secretary, a representative of the employer and a representative
authorized by his employees shall be given an opportunity to accompany the Secretary or his authorized
representative during the physical inspection of any workplace under subsection (a) for the purpose of aiding such
inspection. Where there is no authorized employee representative, the Secretary or his authorized representative
shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
(f)  

(1) Any employees or representative of employees who believe that a violation of a safety or health
standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection
by giving notice to the Secretary or his authorized representative of such violation or danger. Any such
notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and
shall be signed by the employees or representative of employees, and a copy shall be provided the
employer or his agent no later than at the time of inspection, except that, upon the request of the person
giving such notice, his name and the names of individual employees referred to therein shall not appear in
such copy or on any record published, released, or made available pursuant to subsection (g) of this
section. If upon receipt of such notification the Secretary determines there are reasonable grounds to
believe that such violation or danger exists, he shall make a special inspection in accordance with the
provisions of this section as soon as practicable, to determine if such violation or danger exists. If the
Secretary determines there are no reasonable grounds to believe that a violation or danger exists he shall
notify the employees or representative of the employees in writing of such determination.
(2) Prior to or during any inspection of a workplace, any employees or representative of employees
employed in such workplace may notify the Secretary or any representative of the Secretary responsible for
conducting the inspection, in writing, of any violation of this Act which they have reason to believe exists in
such workplace. The Secretary shall, by regulation, establish procedures for informal review of any refusal
by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall
furnish the employees or representative of employees requesting such review a written statement of the
reasons for the Secretary's final disposition of the case.
(g)  

(1) The Secretary and Secretary of Health and Human Services are authorized to compile, analyze, and
publish, either in summary or detailed form, all reports or information obtained under this section.
(2) The Secretary and the Secretary of Health and Human Services shall each prescribe such rules and
regulations as he may deem necessary to carry out their responsibilities under this Act, including rules and
regulations dealing with the inspection of an employer's establishment.
(h) The Secretary shall not use the results of enforcement activities, such as the number
of citations issued or penalties assessed, to evaluate employees directly involved in
enforcement activities under this Act or to impose quotas or goals with regard to the
results of such activities.

https://www.osha.gov/laws-regs/oshact/section_8

Pub. L. 105-198
added subsection
(h).

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Inspections, Investigations, and Recordkeeping | Occupational Safety and Health Administration

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