OSHA Compliance

The OSH Act imposes a general duty on employers to provide their employees with a workplace free from known hazards that will result or will likely result in death or serious physical harm. In addition, OSHA standards and regulations specifically address certain workplace hazards and all employers must comply with these health and safety rules as well. Over 100 million workplaces in the United States are subject to OSHA authority and inspection for compliance with its standards.

In 1970, Congress enacted the Occupational Safety and Health Act (OSH Act) to provide working men and women with safe and healthful working conditions. The Act established the U.S. Occupational Safety and Health Administration (OSHA) and authorized it to issue and enforce workplace safety and health standards. The OSH Act also created the National Institute for Occupational Safety and Health (NIOSH) to research the major hazards in the workplace and to devise ways of preventing them.

By law, OSHA may regulate most nongovernmental workplaces with employees. States may operate their own state workplace safety and health programs under plans approved by the U.S. Department of Labor, and in states that have approved plans in place, most private sector workers, as well as state and local government workers in the state, are subject to the program's oversight. OSHA regulations also permit states without approved plans to develop workplace health and safety plans that cover only public sector (government) workers. In these states, OSHA retains authority to regulate and inspect private sector workplaces.

 

Enforcement and Penalties

OSHA primarily enforces its standards by conducting surprise workplace inspections and issuing citations, which may result in fines, for an employer's failure to comply with standards. If an OSHA compliance officer finds a workplace where workers are in immediate danger during an inspection, the officer will ask the employer to end the hazardous condition and prevent workers from being exposed to it. If the employer fails to do so voluntarily, an injunction may be sought in federal court to shut down work at the site until the employer fixes the dangerous problem.

An employer must inform OSHA within eight hours of a workplace accident that results in the death or hospitalization of three or more employees. OSHA will then investigate whether the accident happened because the employer had violated OSHA standards. When a willful violation of an OSHA standard results in the death of a worker, OSHA may subject an employer to criminal penalties. The maximum penalty is a misdemeanor with a maximum of six months in jail, though some local prosecutors file manslaughter or other felony charges when an employer's criminal negligence causes a worker's death.

When the carelessness or recklessness of another person or company exposes workers to a toxic substance and injures them, the workers may be able to recover economic compensation or other remedies in a toxic tort lawsuit. An injured worker who files a toxic tort lawsuit after being harmed by toxic chemicals must prove it was more likely than not that the injury was caused by the negligence of, or a product manufactured by, another.

The OSHA compliance advisor help enhance your professional standing in your organization. BLR’s OSHA Compliance Advisor will help you avoid compliance problems, improve your safety record, and ensure effortless compliance with OSHA regulations. For accurate, timely, and practical analysis and advice on OSHA regulations and standards, there is no more useful resource for health and safety professionals than the Advisor.

OSHA Compliance Advisor Newsletter is published by Business & Legal Reports, Inc. and being sold around $299.95 a year. OSHA Compliance Advisor Newsletter is a twice-monthly newsletter for the practice guidance to solve complex workplace safety and OSHA compliance issues included in 29 CFR 1910. For 20 years, leading safety professionals have relied on OSHA Compliance Advisor to deliver plain-English advice and analysis on occupational health and safety issues. 

Worker Safety and OSHA Compliance Software

There are many safety and OSHA compliance software out there i.e.:

·         CompWatch® of Benefit Software Inc. - CompWatch® automates, tracks and performs trend analysis of workers' comp claims and allows an employer or TPA to manage claims, prevent injuries, and reduce costs. Prepares the 1st Report of Injury and OSHA Log.

·         PROGNOS-Compliance by PerDATUM, Inc. - Windows based software designed to assist employers in managing OSHA compliance reporting. Creates OSHA Forms 101, 200, 200 Summary, 300, 301 and state specific First Reports of Injury.

·         And much more.

OSHA compliance posters

Missing postings can place your company at risk for fines from $100.00 to $7,000 for non-posting violations per incident. Having all the mandatory State, Federal and OSHA requirements on one poster is a great way to ensure that you are up-to-date with the law requirements.

There is a lot of confusion over the difference between "Mandatory to Post" and "Mandatory to Communicate." "Mandatory to Post" means that every employer, employment agency, labor organization or joint labor management committee shall post notices in an accessible format for applicants, employees and members describing the applicable posting provisions. The law requires you to display your posters at a location that all employees routinely visit such as the lunch room, break room, or jobsite. Separate floors and multiple locations require additional posters.

"Mandatory to communicate" means that the employer has an obligation to communicate to their employees the company's policies covering the "Right to Know" regulations that cover OSHA and labor law codes and regulations.

An example of a labor law regulation that is required to be "communicated" is Government Code, Section 12940(i) which requires employers to take "all reasonable steps to prevent harassment from occurring". The law further states, "an employer may be liable even if management wasn't aware of the harassment". If an employer has failed to take preventive measures the employer can be held liable for the harassment".

An example of an OSHA standard that is required to be "communicated to employees" is 29 CFR 1910.1200 for employees handling chemicals.

Using a poster to communicate these regulations simplifies the communication process and provides proof that you have complied with the law.