Workplace Safety

The federal Occupational Safety and Health Administration (OSHA) sets and enforces national standards to ensure the safety and health of America's workers.

Employers are responsible for the medical costs associated with job-related injuries. If the workplace doesn't obey OSHA standards, fines and penalties can result. This section covers OSHA regulations, enforcement, and workplace exposure to health or safety hazards.

OSHA Safety Regulations at a Glance

The Occupational Safety and Health Act of 1970 (OSH) protects workers against known hazards. It requires employers to protect workers against workplace risks. It established OSHA as an independent regulatory federal agency and allows union oversight of inspections.

OSHA is a federal government agency that sets minimum acceptable standards. States can have their own agencies and set state standards if they do not conflict with federal laws. OSHA does not always set workplace health and safety regulations. For instance, the Environmental Protection Agency (EPA) determines the amount of pesticides safe for human consumption. OSHA sets the acceptable levels in a given workplace setting.

Powers of OSHA

The U.S. Department of Labor allows OSHA to inspect private sector businesses and job sites. Because of the size of the United States and the limited number of OSHA inspectors, inspections focus on:

• Imminent danger situations. If OSHA gets a report that a work environment is immediately hazardous, the employer must close the site or remove workers from the hazard.
• Severe injuries or illnesses. Employers must report all deaths, hospitalizations, amputations, or eye losses within 24 hours. OSHA responds promptly to these reports.
• Worker complaints. Inspectors focus on worker allegations of hazards or uncorrected violations.
• Referrals from other inspectors or agencies.
• Targeted inspections. High-risk industries or workplaces with an unusual number of injuries or deaths get priority for more inspections.
• Follow-ups for all the above scenarios.

OSHA inspections begin and end with discussions about safety concerns. Inspectors issue reports and citations within six months of the violation. Violation categories include willful, serious, other-than-serious, "de minimis," failure to abate, and repeated.

OSHA understands that some hazards are irreparable. The agency will work with small businesses and companies that make a good-faith effort to correct problems. They are less lenient with willful re-offenders. OSHA citations range from $15,625 per violation for serious, other-than-serious, and failure to abate issues to more than 10 times that for willful and repeat matters.

OSHA-Approved State Plans

Puerto Rico and 21 states, including California, Michigan, North Carolina, and Washington, have OSHA-approved state plans. Four states (including Illinois and New York) have state occupational safety and health protections for public sector employees only. OSHA regulations cover workers not covered by state plans (such as maritime workers). Most states' occupational safety and health plans cover public and private employers.

Employer Responsibilities

Employers must follow all federal and state employment laws. Some businesses are exempt from OSHA requirements. These include businesses with fewer than 11 employees, industries with safety regulations imposed by other agencies (such as the Department of Energy), and certain "low-risk" businesses.

All businesses, whatever their size, must report all work-related fatalities within eight hours. Report time is 24 hours for work-related inpatient hospitalizations. Any workplace with hazardous chemicals must have a written hazard communication program and copies of each chemical's Material Safety Data Sheets (MDSD).

Other employer duties and responsibilities under OSHA include:

• Ensuring working conditions follow OSHA standards
• Ensure employees have the tools and equipment needed. Keep equipment properly maintained.
• Have codes, signs, labels, or posters warning of potential hazards
• Establish procedures and safety training in a language and manner workers can understand
• Display OSHA posters and state posters informing employees of their rights and responsibilities

Health and Safety Reporting

OSHA recommends all employers, large and small, adopt a safety program. Safety and health programs help reduce the number of workplace injuries. They encourage a proactive attitude to safety. Some states have requirements for workplace safety programs. Accurate reporting of injuries and responses helps set workplace safety laws. Employers must:

• Provide employees, former employees, and legal representatives access to the Log of Work-Related Injuries and Illnesses. Workplaces must post the OSHA summary each Feb. 1.
• Give employees access to their own medical and exposure records.
• Post any OSHA citations on-site, at or near the area involved. Citations must remain posted until the violation gets corrected. Correct all violations by the deadline on the citation.

OSHA mandates a safe workplace for all employees in all situations. To ensure worker protection, OSHA protects employees who report safety and health violations from employer retaliation. This is "whistleblower protection." Reporting employees can sue in federal court for retaliatory firing, reassignment, or demotion.

Employee Rights and Responsibilities

Employees have a duty to use the safety equipment, personal protective equipment, and any procedures instructed by their employer for their safety and health. The goal of OSHA and the duty of employers is to provide a safe workplace free of hazards. But, employees can't use that duty as grounds for their own noncompliance with safety regulations.

All states except Texas, the District of Columbia, and Puerto Rico require employers to provide workers' compensation insurance. This covers worker's on-the-job injuries. Workers' compensation will not cover employees who don't follow their employer's safety and health policies. Although labor laws protect employees' health and welfare, employees have their own responsibilities for their safety.

Employee Health Standards

Employees must perform their job duties. So, employers must provide health and safety measures in line with the job requirements. Employers must provide cooling and water breaks; in cold weather, they must provide opportunities to warm up.

OSHA does not issue specific instructions for each type of exposure hazard since weather and other conditions are unique to the region. Instead, workers should expect protection against whatever conditions they face.

• Heat-related emergencies. OSHA recommends regular water breaks or allowing workers to drink water at all times. Limit work schedules during high heat index periods. Provide cooling fans or air conditioning.
• Cold-weather preparedness. OSHA suggests radiant heaters in exposed areas, such as security booths. Schedules should allow workers to complete tasks during warmer times of the day. Limit outdoor work in extremely cold or stormy weather.
• Toxic exposure. Whether it is tobacco smoke or chemical fumes, workers must know what chemicals are present and what preventive measures employers have taken. Employers must provide fume hoods or exhaust fans where needed and PPE when requested. Some states, such as California, prohibit all smoking indoors. Check your state laws about the use of tobacco products or vaping indoors.

Employees' Right to Report

Employees have the right to ensure their workplace is safe and free of hazards. Most employers have a reporting protocol for workplace hazards, and employees should follow it when notifying superiors of issues on the job.

Employers may not retaliate against employees for reporting hazards. The "general duty" clause of the OSH Act restricts OSHA from acting unless:

• There is a hazard,
• It is a known hazard, i.e., the employer knew about the hazard, it is an obvious hazard or a recognized problem in the industry
• The hazard could cause serious harm or death
• The hazard is correctable by the employer

At the same time, OSHA will not act on an unfounded claim. Employees must be able to report actual hazards with confidence the employer will respond and without fear of retaliation. Employers should understand that OSHA is acting in the best interests of the workers.

Employees can review documents on illnesses and injuries related to their workplace and see their health care documents at any time. Employers must post or make OSHA statistics available each year.

Employers and Employees Can Get Legal Help

OSHA gives employers and employees rights and responsibilities. If you have questions about your duties and need advice, contact an employment law attorney near you.