resources
OSHA Compliance Basics: What Employers Should Know
August 01, 2024
- Reviewed by Paylocity's Compliance & Government Relations Team
What is OSHA?
The Occupational Safety and Health Administration (OSHA) is a federal agency under the U.S. Department of Labor whose goal is to guarantee safe and healthful working conditions for employees.
To that end, OSHA is responsible for creating and enforcing workplace standards across numerous industries intended to prevent employee injuries, illnesses, and fatalities.
When Was OSHA Created?
OSHA was created in 1970 after the passage of the Occupational Safety and Health Act (OSH Act). Among other things, the OSHA General Duty Clause requires employers to keep workplaces free from certain hazards that could hurt, sicken, or kill people. These include harmful chemical exposure or unsafe use of machinery.
Additionally, the act bolstered workers’ rights to pursue safe and healthy working environments without fear of retaliation or discrimination.
Key Takeaways
- The Occupational Safety and Health Administration (OSHA) is a government agency that makes and enforces requirements for workplace safety.
- These requirements apply to most private U.S. employers and are enforced via formal investigations and financial penalties.
- Complying with OSHA standards is an ongoing process that requires robust safety programs, consistent employee training, and meticulous recordkeeping.
What are OSHA Requirements?
OSHA oversees several general and industry-specific safety and health standards, including:
|
Health and Safety Standard |
Standard Requirements |
|
|
General Industries |
Ensure employers and employees know about hazardous chemicals in the workplace and how to protect themselves (i.e., a Hazard Communication Program). |
|
|
Have a written plan that describes what employees do to ensure their safety in a fire or other emergency. |
||
|
Have a prevention plan with steps on how to protect against a fire in the workplace. |
||
|
Maintain continuous and unobstructed paths for exit travel from any point in the workplace to a place of safety. |
||
|
Maintain walking/working surfaces and personal fall protection systems (e.g., guardrails) to protect against fall hazards. |
||
|
Provide medical and first-aid personnel and supplies proportionate to the hazards of the workplace. |
||
|
More Specific Industries |
Provide protection from amputation for workers who operate hazardous machinery (e.g., saws, slicers, power presses, etc.) |
|
|
Install disabling safeguards on machines that can unexpectedly start up or release hazardous energy (e.g., thermal, hydraulic, etc.) |
||
|
Use electrical system designs that protect against electrical hazards (e.g., faulty wiring). |
||
|
When necessary, provide protective equipment (e.g., gloves, safety goggles, hard hats, etc.) that minimizes exposure to physical hazards. |
||
|
When necessary, provide breathing equipment (i.e., respirators) that prevent inhalation of hazardous fumes or gasses. |
||
|
When necessary, implement a Hearing Conservation Program for workers exposed to excessive noises. |
||
|
Assess if an enclosed space is confined enough to pose a hazard and implement protective precautions (e.g., control access to the space, warning signs, PPE, etc.) |
||
|
Implement a control program for employees exposed to blood or potentially infectious materials as part of their work. |
||
|
Provide proper training for employees who operate a forklift and require post-training evaluations. |
Source: OSHA Compliance Assistance Quick Start
What is OSHA Compliance?
To follow OSHA rules, you need to implement different safety practices and materials. These include employee training programs and detailed safety records. The exact nature of these actions can vary, however, as some standards are more applicable to certain industries than others.
Who Has to Follow OSHA Requirements?
OSHA requirements apply to most private U.S. employers, but there are a few exceptions:
- State Plans: OSHA can allow state safety laws and standards to preempt its own requirements when those state plans are equally or more effective at protecting workers. Currently, 28 states have such a plan that either covers all private and public employers, or just public employers.
- Employer Type: Only the self-employed (e.g., sole proprietors or independent contractors), family farm employers, and workers whose safety is regulated by another federal organization (e.g., the military) are exempt from OSHA standards.
- Employer Size: Some small employers (fewer than 10 employees) have a partial OSHA exemption in that they're only required to keep injury or illness records for incidents resulting in a fatality, amputation, loss of an eye, or in-patient hospitalization.
Why Comply with OSHA Requirements?
Employers are legally required to comply with various OSHA’s standards depending on the industry and nature of their business. However, there are other benefits as well, such as reduced risks of lawsuits or lower productivity stemming from an accident or injury.
Additionally, the longer an organization can successfully prevent workplace injuries, the more it demonstrates its commitment to protecting employees. This, in turn, has positive impacts on worker morale and the company’s reputation.
How to Comply with OSHA Requirements
OSHA’s Compliance Assistance Quick Start tools give several compliance-based tasks for general industry employers to complete.
- Determine Applicable Standards: Some industries, such as healthcare and construction, have unique OSHA standards. So, the best first step is to learn which standards apply to a company’s industry and what requirements those standards impose.
- Look for Additional Hazards: To be as precise and comprehensive as possible, examine the organization for any hazards unique to the business or uncommon for that industry.
- Develop Jobsite Safety and Health Programs: Implement every policy and practice necessary to fulfill all applicable standards and requirements (e.g., hazard communication plans, first-aid and PPE supplies, walking and working surface maintenance, fall protection, and fire prevention).
- Train and Inform the Workforce: Require staff to complete OSHA training requirements on their legal rights as a worker and how to follow the implemented standard(s) for their role. Advanced training courses (e.g., OSHA 30-hour class) for supervisors and aspiring trainers are also available from OSHA Training Institute Education Centers.
- Additionally, post OSHA’s Job Safety and Health poster (or state-level equivalent) in a prominent location within the workplace to inform employees of their rights and responsibilities.
- Record and Report: Maintain detailed compliance records (e.g., maintenance reports, OSHA 300a form, etc.), allow employees access to those records upon request, and report all work-related incidents to the nearest OSHA office within the required timeframes (eight hours for fatalities; 24 hours for inpatient hospitalizations, amputations, and losses of an eye).
- Continue Learning: Stay current on legal requirements and monitor legislative changes. For example, submission requirements for the OSHA 300 Log Form and 301 Log Form were expanded in 2024 for highly hazardous industries.
OSHA Violations and Enforcement
Occupational safety and health standards are enforced via two methods: official investigations and financial penalties. Under certain circumstances, however, criminal convictions and jail time are also possible.
Inspection Process
There are a few reasons why an OSHA Compliance Officer would open an investigation into an employer.
|
Possible Reasons for Investigation |
|
|
The employer filed an incident report involving the hospitalization, amputation, or death of an employee. |
A random, targeted inspection to gauge the employer’s readiness for potential incidents (e.g., COVID preparedness). |
|
One or more employees filed a confidential report about the employer. |
A National Emphasis Program (NEP) may require an inspection for a specific type of hazard. |
|
Another reporting agency (e.g., CDC, DEA, etc.) refers their report about the employer to OSHA. |
A follow-up inspection may be required to confirm violations from a previous inspection were resolved. |
Investigations are prioritized based on the reason they’re opened, which can also impact how intense or demanding the investigation becomes. For example, a lower-priority investigation for an NEP can be conducted remotely, while a higher-priority investigation due to employee complaints warrants a thorough, on-site examination.
A few steps likely to occur during an OSHA inspection include:
- Opening Conference: A formal meeting wherein the compliance officer will explain the purpose and scope of the investigation.
- Workplace Examination: A walk-through of the workspace to collect information (e.g., photos, notes, measurements, etc.).
- Records Request: Thorough audit of the employer’s health and safety records (e.g., OSHA 300 and 300a logs, self-audits, internal policies, etc.).
- Interviews: In-person conversations between the compliance officer and employees or employer.
- Closing Conference: A formal debrief to reveal the investigation’s findings, which are then filed for processing. Citations and punishments will be handed down a few weeks or months later.
Penalties for Violations
Depending on the nature of an OSHA violation, varying financial penalties can be imposed. However, employers can appeal a violation and try to negotiate a lesser amount.
|
Type of Violation |
2024 Minimum Penalty |
2024 Maximum Penalty |
|
Willful or Repeated |
$11,524 per violation |
$161,323* per violation |
|
Serious |
$1,190 per violation |
$16,131 per violation |
|
Other-Than-Serious |
$0 per violation |
$16,131 per violation |
|
Failure to Abate |
N/A |
$16,131 per day past the abatement deadline |
*If a willful violation results in the death of an employee, a court can instead fine $250,000 to an individual (or $500,000 to a corporation), sentence the employer to jail, or both.
Become a Compliance Champion with Paylocity
Following federal, state, and local laws can be stressful. No employer wants to risk someone getting injured — and monitoring an extensive list of safety practices, policies, and standards doesn’t make things any easier.
This is where having access to the best payroll software and compliance resources makes a world of difference. Paylocity’s Learning Management System offers a convenient safety training bundle, featuring preloaded workplace safety courses designed for seamless, out-of-the-box compliance training.
Plus, our integrated platform makes delivering and tracking training requirements a breeze with tools dedicated to:
- Maintaining OSHA report logs (e.g., OSHA 300A forms)
- Delivering virtual safety training and tracking employee progress
- Uploading and storing documents (e.g., internal safety policies or self-audits)
Request a demo today, and see just how much easier OSHA compliance can be with Paylocity.
Keep Up With Compliance
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
