How to Get an OSHA Inspection Report Through a FOIA Request

Why the OSHA File Matters

After a workplace fatality investigation closes, the inspection records OSHA releases can be important material for a civil lawsuit or insurance dispute. They may include the inspector's narrative report, citations, witness statements, and settlement documents, subject to FOIA exemptions and redactions.

The problem: OSHA does not automatically send you this file. You have to ask for it through a Freedom of Information Act request, and how you ask determines whether you get it in weeks or months.

When You Can File

You can submit a FOIA request while an investigation is open, but OSHA may withhold records if releasing them could interfere with an active enforcement proceeding (FOIA Exemption 7(A), 5 U.S.C. § 552(b)(7)(A)) and may redact other exempt information. Under CPL 02-00-171, OSHA does not make the releasable case file available to the next of kin until the inspection becomes a final order; if citations are contested or OSHA makes a criminal referral, the file is held until those proceedings end. This is a release timing rule in OSHA's family directive, not a blanket legal privilege over every record.

How to check: search the OSHA Establishment Search database using the employer's name and the incident date. If the case is still open, you can submit a request, then follow up after the final order or after contested proceedings end.

What to Include in Your Request

Submit your FOIA request electronically to foiarequests@dol.gov (the Department of Labor's central FOIA mailbox). Include these details to help OSHA identify the records and process your request:

• The OSHA Inspection Number (found via the Establishment Search database)
• The employer's legal name, the date of the incident, and the city and state where the fatality occurred
• Your name and physical mailing address
• Death certificate or obituary — OSHA's published FOIA checklist does not list either as a required item. The cited 29 CFR § 2201.5(c) is a rule for the Occupational Safety and Health Review Commission (OSHRC), not OSHA.
• An explicit statement about fees — either agree to pay processing fees or request a public interest fee waiver

What to Specifically Request

Do not ask for "the entire file." Broad requests trigger longer review cycles. Instead, list the specific documents you need:

• Form OSHA-1 — the main inspection report and violation worksheets
• The Safety Narrative — the detailed inspector's report (formerly OSHA-1A) outlining the physical sequence of the accident
• All issued citations and the final settlement agreement between OSHA and the employer
• Non-confidential management witness statements

These four categories cover the evidence most useful for civil litigation and insurance claims.

What to Omit

Requests for confidential commercial or financial records provided by a business can require review under Executive Order 12600, which can add processing time. If you do not need those records, leave them out so the agency can focus on the inspection materials you requested.

Even when inspection records are released, OSHA may redact information covered by applicable FOIA exemptions.

Processing Timeline

Federal law generally gives DOL 20 business days to make an initial determination on a properly received request, not to produce all responsive records. Complex requests and applicable exemptions can extend the time before records are released. A pending civil case by itself does not qualify a request for expedited processing; DOL's criteria include an imminent threat to life or safety, urgent public dissemination about federal activity, loss of substantial due-process rights, or qualifying exceptional media interest.

Some state-plan states have their own public records procedures. For example, South Carolina OSHA mandates that if a family requests the narrative, the FOIA coordinator must mail it within seven working days of the employer being notified of citations. Check your state's rules before defaulting to the federal process.

Using the File

Once you have the released inspection records, share them with your wrongful death attorney. The safety narrative can help the attorney understand OSHA's findings and identify issues to investigate. An OSHA report or citation is not, by itself, proof of civil liability.

The After a Workplace Accident Death guide includes a fill-in-the-blank FOIA request template with every required field pre-formatted for rapid federal processing, plus a checklist for tracking your request status.