Responding to an Inspection

As soon as anyone has notice of an impending inspection, they should gather the materials the inspectors will want to review, and make sure everyone at the facility knows how to respond to the investigators. While some of the following pointers are quite basic, it is important to convey the fundamental concepts to the people who will be interfacing with the inspector  

Office of Enforcement, Multi-Media Investigation Manual, EPA-330/9-89-003-R (Mar. 1992) [hereinafter Multi-Media Manual], available through http //www.epa.gov/ compliance/resources/publications/civil/programs/. 

The notice of inspection may limit the inspection to one TSCA program. For example, the inspection could be limited to compliance with 8(e) requirements to submit notices of significant risk information, it could be directed to the premanufacture notification requirements of 5, or it could cover all TSCA requirements. The letter will typically specify the kinds of documentation that the inspectors will want to inspect. It is advisable to review these materials in advance to see exactly what the inspector will see, and avoid the element of surprise if there is a violation on the face of a document. It will often be possible to refute any inference of a violation, and all the arguments should be marshaled at this point. For example, if the inspection notice states that all notices of export under 12(b) should be assembled, and a quick review shows that some letters were not submitted until after the export may have taken place, it may be possible to gather documentation showing that the exports occurred later than expected and the notices were indeed timely. 

It is potentially criminal to deny the inspector entry. Section 16 criminalizes violations of 15, and 15 prohibits refusing to permit an inspection. Even without the threat of criminal prosecution, a responsible corporate citizen should cooperate with any legally mandated inspection. 

In general, staff should be fuUy responsive and honest with the inspectors. Many people at the facility will not be accustomed to being interviewed, and 

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