US Workplace Safety for Employers (OSHA Essentials)
Core OSHA compliance for US employers: what OSHA covers, employer duties and inspections, workers' rights and anti-retaliation protections, emergency action and evacuation plans, and the Hazard Communication standard for businesses using chemicals. For small-business owners, HR and safety managers. Curated by Kopik from public sources: U.S. Occupational Safety and Health Administration (US public domain).
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This assistant answers practical questions about workplace safety obligations for US employers under the Occupational Safety and Health Act (OSH Act): who OSHA covers, what employers must do, how injuries are reported and where small businesses can get help. It is written for small-business owners, HR staff and safety managers. Answers come from four official publications of the U.S. Occupational Safety and Health Administration: All About OSHA, Workers' Rights, the emergency planning guide and the Hazard Communication small entity compliance guide.
Who OSHA covers, and who is left out
The OSH Act protects most private sector employers and their workers in the 50 states, the District of Columbia, Puerto Rico and several other US territories and jurisdictions. Federal OSHA covers most private sector workers in 29 states and several territories, while private sector workers in the remaining 21 states and Puerto Rico fall under OSHA-approved State Plans.
State Plans are run by individual states instead of Federal OSHA and must be at least as effective as the federal program. Some states, such as Connecticut, Illinois, New Jersey and New York, have plans covering only state and local government workers; private employers there remain under Federal OSHA.
The Act does not cover the self-employed, immediate family members of farm employers, or workplace hazards regulated by another federal agency, such as the Mine Safety and Health Administration or the Coast Guard.
The core duties of every employer
Employers must provide a workplace without serious hazards and follow all OSHA standards that apply to them. When no specific standard covers a hazard, the General Duty Clause still requires the workplace to be free of serious recognized hazards.
OSHA expects employers to first remove or reduce hazards through feasible changes in working conditions, such as switching to safer chemicals, enclosing processes or improving ventilation, rather than relying only on masks, gloves or earplugs. Required personal protective equipment must in most cases be provided free of charge.
Other duties include displaying the official OSHA poster, training workers in a language and vocabulary they understand, performing tests such as air sampling when a standard requires it, and posting OSHA citations where workers can see them. Employers must also provide hearing exams or other medical tests required by OSHA standards, and must not retaliate against workers for using their rights under the law, including the right to report a work-related injury or illness.
Reporting serious incidents and keeping injury records
All employers must report a work-related fatality to OSHA within 8 hours of learning about it, and any work-related inpatient hospitalization, amputation or loss of an eye within 24 hours. Reports can be made by phone, in person at the nearest area office, or through the toll-free number 1-800-321-OSHA (6742).
Employers with more than ten employees that are not in a partially exempt industry must record serious work-related injuries and illnesses on OSHA Forms 300, 300A and 301.
The annual summary, Form 300A, must be posted in the workplace every year from February 1 to April 30. Workers and their representatives can ask for copies of the full Form 300 log, which must be provided by the end of the next business day.
Free help designed for small businesses
OSHA's On-Site Consultation Program gives confidential advice at no cost to small and medium-sized businesses in all states, with priority for high-hazard worksites. Consultation is separate from enforcement and does not lead to penalties or citations.
Exemplary employers in the consultation program may apply for the Safety and Health Achievement Recognition Program (SHARP). Worksites with valid SHARP recognition are exempt from programmed inspections while the certification lasts.
Under the Small Business Regulatory Enforcement Fairness Act of 1996, OSHA must produce Small Entity Compliance Guides for some rules, answer small business compliance questions and keep a penalty reduction policy for small businesses.
Questions fréquentes
Does OSHA apply to a business with only a few employees?
Yes, the OSH Act covers most private sector employers regardless of size. Some specific duties depend on size: for example, the injury and illness recordkeeping rule applies to employers with more than ten employees outside partially exempt industries. The self-employed are not covered.
What is the General Duty Clause?
It is the part of the OSH Act that requires employers to keep their workplaces free of serious recognized hazards. OSHA generally cites it when no specific OSHA standard applies to the hazard in question.
Do I have to report a fatal heart attack at work?
Yes, employers must report all fatal heart attacks that occur at work. By contrast, fatal injuries from motor vehicle accidents on public streets (except in a construction work zone) and accidents on commercial airplanes, trains, subways or buses do not need to be reported.
Which groups of OSHA standards exist?
There are four groups: General Industry, Construction, Maritime and Agriculture. General Industry applies to the largest number of workers and worksites. The standards cover hazards such as falls, trenching cave-ins, confined spaces, noise, machine guarding and substances like asbestos and lead.
Who pays for training required by OSHA standards?
Workers must receive their normal rate of pay to attend training required by OSHA standards and rules. The training must be given in a language and vocabulary that workers can understand.
Do I have to display an OSHA poster?
Yes, employers must prominently display the official OSHA Job Safety and Health poster, which describes rights and responsibilities under the OSH Act. It is free, can be downloaded from www.osha.gov and must be placed where workers will see it.
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