Creating a Safe and Healthy Workplace: OSHA Compliance and Regulation

The Occupational Safety and Health Act (OSHA) was enacted to ensure safe work environments in the United States. OSHA establishes minimum workplace safety standards, training, and enforcement.

The following is an introduction to OSHA requirements. For legal advice and compliance, reach out to an employment law attorney.

Who Does OSHA Apply To?

The Occupational Safety and Health Administration (OSHA) has authority under the U.S. Department of Labor (DOL) to develop and enforce workplace health and safety standards.

The majority of private-sector employers must comply with OSHA. Likewise, the majority of American workers are protected by OSHA regulations.

Self-employed individuals, immediate family members of farm employers, and certain industries regulated by other federal agencies — such as mining and nuclear energy — are exempt from OSHA compliance.

In addition, 22 states operate OSHA-approved state plans. To be approved by OSHA, the state plan must be as stringent as or more stringent than the federal OSHA standards.

Scope of OSHA Regulation

The General Duty Clause of the OSH Act requires employers to provide a workplace “free from recognized hazards” that are likely to cause death or serious harm. The General Duty Clause sets covers all workplace hazards, even those not specifically addressed in the Act’s other standards.

The specific standards are divided into four categories:

1. General Industry standards. Apply to manufacturing, warehousing, healthcare, and similar industries
2. Construction standards. Cover fall protection, scaffolding, and excavation standards.
3. Maritime standards. Apply to shipbuilding and cargo handling.
4. Agriculture standards. Cover equipment safety, roll-over protection, and hazardous chemical use.

To enforce the standards, OSHA representatives have the right to inspect workplaces without advance notice. Penalties for OSHA violations include civil fines, citations, mandatory abatement measures, and, in extreme cases, criminal charges.

Legal Significance for Employers

Employers should comply with OSHA, just as they would with wage and labor regulations, workers’ compensation statutes, or anti-discrimination laws. OSHA compliance reduces the risk of litigation, regulatory fines, workers’ comp claims, and reputational harm. Non-compliance can be used as evidence of negligence in personal injury or wrongful death lawsuits. In some states, OSHA standards are used as minimum safety benchmarks in civil litigation.

Similar to other regulatory federal laws, OSHA provides whistleblower protections so workers can feel empowered to report safety violations or participate in inspections. Employers face penalties for retaliation, including reinstatement orders and back pay obligations.

It isn’t enough to simply have a safety policy. Company leadership should actively endorse and enforce safety measures. Leaders should encourage workers at all levels to identify hazards and suggest improvements without fear of retaliation. Implement positive reinforcement programs that reward safe behavior, not just the absence of accidents. Best practices include:

• Encouraging employee involvement. Active employment engagement and involvement in safety protocols are essential for maintaining safety standards.
• Maintaining updated policies. OSHA recommends reviewing safety policies annually or more frequently as regulatory requirements change. Keep all safety policies and training materials accessible in digital and physical formats, as required by OSHA and state laws.
• Hiring legal counsel. Attorneys help employers interpret and implement OSHA standards and state-specific regulations. They can develop customized compliance programs and internal policies. Legal counsel assists in preparing for OSHA inspections, audits, informal conferences, inspections, and citation challenges.

OSHA Recordkeeping Requirements

Employers with 11 or more employees in most industries must maintain OSHA logs. Some low-risk industries, such as retail and finance, are exempt. Records must be kept for five years following the end of the calendar year covered.

To properly prepare records, employers must use a few forms:

• Form 300: Log of Work-Related Injuries and Illnesses
• Form 301: Injury and Illness Incident Report
• Form 300A: Annual Summary

OSHA’s Hazard Communication Standard

Employers must inform employees of potential workplace hazardous chemicals that are used.

OSHA aligns with the Globally Harmonized System (GHS) for labeling and safety data sheets. To comply, employers must maintain a written record of their hazard communication program. All containers must be labeled with GHS-compliant hazard identification labels.

Safety Data Sheets (SDS) should be readily available for all hazardous chemicals. Employers must train employees on chemical hazards upon an initial assignment and when new hazards are introduced.

Personal Protective Equipment (PPE) Requirements

Employers must assess the workplace to determine the necessary PPE and provide it at no cost to employees. Examples of PPE include gloves, goggles, face shields, hearing protection, and respiratory protection.

Employers must train employees on when and how to use PPE and verify comprehension. If the required PPE includes respirators, medical evaluations and fit testing are required.

Emergency Action and Fire Prevention Plans

Employers with over 10 employees must actively maintain an emergency action plan (EAP). Any emergency plans the employer has must be formalized in writing and readily accessible to employees. The plan must include emergency response procedures for a variety of situations:

• Evacuation procedures
• Reporting procedures
• Emergency contacts
• Procedures for accounting for employees
• Training and plan reviews

One of the most important plans to have for emergency preparedness is a Fire Prevention Plan (FPP). The employer’s plan must identify potential fire hazards and control methods. If applicable, the plan should include procedures for proper handling of flammable materials.

Employee Rights Under OSHA

Employers must comply with the rights given to employees by OSHA. Employees have a right to work in a safe workplace. They have the right to be informed of workplace hazards and have access to injury and illness records.

OSHA gives employees the right to report unsafe conditions, request an inspection, and participate in OSHA inspections. If an employer retaliates against an employee for exercising their rights, it can result in penalties that include position reinstatement, back pay, and attorney’s fees.

OSHA’s Safety Training Requirements

Employers are required to provide training in a language and vocabulary workers understand. Training programs must be provided when employees are hired, assigned new tasks, exposed to new hazards, or involved in an incident. OSHA outlines specific training requirements for each of the four standard categories. Required training typically addresses the common health and safety risks faced in each industry.

New hire training must include core OSHA standards that are applicable to the employee’s job duties. Typically, this includes general workplace hazards, PPE use, emergency procedures, and HCS training. Ongoing training is required annually or periodically for several of the standards, such as hazardous waste operations and bloodborne pathogens.

Employers must retrain if procedures change or an employee demonstrates a lack of understanding. Positions that are identified as high-risk have OSHA required additional training specific to the increased risks. Supervisors may require additional training in hazard recognition, enforcement, and accident investigation.

The Importance of Language in OSHA Training

A key element of OSHA’s required training is language — all training must be delivered in a manner that employees can understand. This begins with language but also includes reading level and learning method. Visual initiatives may be appropriate in some situations.

An employer can face penalties if OSHA determines an employer is providing training in a language that employees do not understand. Many industries have established bilingual OSHA training, such as agriculture, construction, and hospitality sectors.

Employers can also address literacy challenges by using visual aids, hands-on demonstrations, and oral presentations. Non-compliance can lead to OSHA citations, increased liability, and difficulty defending against personal injury or wrongful death claims.

Maintaining Records of OSHA Trainings

While not all training requires formal documentation, OSHA strongly recommends maintaining records of training dates, topics covered, instructor qualifications, attendee names, and signatures.

Well-documented training programs help establish due diligence by the employer. It can provide evidence supporting liability defense in personal injury or wrongful death lawsuits after workplace injuries or fatalities.

Training documentation can also be valuable in workers’ compensation disputes after work-related injuries. OSHA’s Field Operations Manual (FOM) permits reduced penalties for employers that demonstrate “good faith” efforts, including comprehensive training programs.

Conducting Safety Audits

Employers can and should perform safety audits to ensure compliance with OSHA requirements. During the audits, safety concerns can be identified and addressed. Being open about performing routine audits lets employees know the employer takes maintaining safe working conditions seriously.

A proactive approach to safety and OSHA compliance encourages continuous improvement. It contributes to fostering a culture of safety. OSHA recommends performing annual safety audits. More frequent audits may be required by specific industries or after incidents. Employers in high-risk industries often conduct quarterly or semi-annual audits.

What To Evaluate During Safety Audits

A complete safety audit will look different for each company. A safety audit should include:

• Inspection equipment and machinery. Verify proper maintenance and calibration logs for equipment subject to OSHA regulations. In addition to the actual machine, a careful review should be done of machine guards, lockout/tagout procedures, emergency stop functions, and PPE availability and condition.
• Compliance review of safety policies. Observe employee adherence to safe work practices. Evaluate the effectiveness of training programs and refresher schedules. Check OSHA logs (Forms 300, 300A, and 301) for accuracy and completeness. Review workplace accidents reports, incident investigations, and corrective action follow-ups.

Companies need the support and cooperation of its employees to maintain OSHA compliance. Safety audits should include engaging employees to determine the generation perception of workplace safety and procedures. Conduct anonymous surveys or interviews. Review complaint logs and OSHA whistleblower complaint history for patterns. Confirm that employees have channels to report hazards without fear of retaliation.

Third-Party Experts in OSHA Safety Audits

Third-party experts can provide consultation services on complex OSHA compliance requirements, industry best practices, and hazard recognition. An outside party can provide unbiased evaluation, helping to identify potential hazards that employees may overlook. A company can practice for OSHA inspections by performing a mock inspection with the consultant. This helps with preparedness training for employees.

It’s also helpful to work with a law firm that represents clients in OSHA matters. Lawyers experienced with OSHA will have knowledge of regulatory changes that impact their clients. A lawyer can review safety reports for potential legal liabilities and help respond to OSHA communications and enforcement related to workplace safety.

Working with legal counsel creates a working relationship between legal counsel and those responsible for maintaining OPSHA standards. This open communication makes it easier to document regulatory compliance to reduce liability. It also ensures employees understand new or changed standards to maintain ongoing compliance.

Find Legal Help

OSHA regulations play a critical role in shaping safe workplaces. Employers must meet both general and industry-specific OSHA standards. Non-compliance can result in serious legal and financial repercussions. Partnering with an attorney who’s familiar with OSHA regulations can strengthen your safety programs, support your legal defense if issues arise, and help ensure long-term protection for your workforce and operations.

Use the Super Lawyers directory to find an employment law attorney who has experience with OSHA safety regulations.