Two State plan agencies allegedly provided advance notice of inspections

Two State Plan agencies allegedly provided advance notice of workplace inspections to employers, a practice that is prohibited under the Occupational Safety and Health (OSH) Act. States are allowed to operate their own safety and health programs with federal OSHA’s approval, but they are still governed by the OSH Act.

After several farmers and their advocates claimed that Cal/OSHA may have provided advance notice of inspections to employers, Representatives Bobby Scott of Virginia and Alma Adams of North Carolina sent a letter to acting Labor Secretary Julie Su requesting that she address the allegations. The lawmakers also point to South Carolina’s State Plan agency potentially violating child labor rules.

Representatives Scott and Adams seek answers to several questions, including:

1. If the Department of Labor became aware of credible allegations that one or more OSHA officials provided prohibited advance notice of inspections to an outside party, how would DOL address such allegations?
2. What challenges does DOL face when attempting to monitor and enforce State Plans’ compliance with the OSH Act?

Su’s responses are due by September 20.