Understanding OSHA for Small Business

There are many employment regulations that govern how we all do business if we have employees. Occupational Safety & Health Act of 1970 known to most as OSHA in general applies to all employers and their employees in the 50 states, District of Columbia, Puerto Rico, and all other territories under the US Federal Government jurisdiction.

OSHA is governed by the Occupational Safety & Health Administration, a division of the United States Department of Labor.

OHSA’S two primary functions are:
1. Setting standards
2. Conducting workplace inspections to ensure that employers are complying with the standards and providing a safe and healthful workplace.

Both Employers and Employees must comply with all rules and regulations that are applicable to their own actions and conduct.

The United States Department of Labor offers Small Business Owners a Compliance Assistance Quick Start guide to assist in the implementation of an OSHA Plan.

There are 7 steps to compliance recommended by the US Department of Labor. While this information may seem overwhelming, it is crucial for all business owners to comply or be in jeopardy of costly fines and possible business disruptions.

It is important to properly identify which regulations your business entity must comply with. For example, there are different guidelines depending on what your industry and business operations are. This article will address General Industry Employers. Other types of employer include Construction, Health Care and Hispanic Outreach.

General Industry Employers

Step 1: OSHA Requirements that Apply to Most General Industries

1. Hazard Communications Standards - This standard is designed to ensure that employers and employees know about hazardous chemicals in the workplace and how to protect themselves. Employers with employees who may be exposed to hazardous chemicals in the workplace must prepare and implement a written Hazard Communication Program and comply with other requirements of the standard.

2. Emergency Action Plan Standard - OSHA recommends that all employers have an Emergency Action Plan. A plan is mandatory when required by an OSHA standard. An Emergency Action Plan describes the actions employees should take to ensure their safety in a fire or other emergency situation.

3. Fire Safety - OSHA recommends that all employers have a Fire Prevention Plan. A plan is mandatory when required by an OSHA standard.

4. Exit Routes - All employers must comply with OSHA's requirements for exit routes in the workplace.

5. Walking/Working Surfaces - Floors, aisles, platforms, ladders, stairways, and other walking/working surfaces are present, to some extent, in all general industry workplaces. Slips, trips, and falls from these surfaces constitute the majority of general industry accidents. The OSHA standards for walking and working surfaces apply to all permanent places of employment, except where only domestic, mining, or agricultural work is performed.

6. Medical and First Aid - OSHA requires employers to provide medical and first-aid personnel and supplies commensurate with the hazards of the workplace. The details of a workplace medical and first-aid program are dependent on the circumstances of each workplace and employer.

Step 2: OSHA Requirements That May Apply to Your Workplace

1. If you have employees who operate machinery (e.g., saws, slicers, shears, slitters, power presses, etc.), you may be subject to OSHA's Machine Guarding requirements.

2. If your employees service or maintain machines or equipment that could start up unexpectedly or release hazardous energy, you may be subject to OSHA's Lockout/Tagout requirements.

3. Electrical hazards, such as wiring deficiencies, are one of the hazards most frequently cited by OSHA. OSHA's electrical standards include design requirements for electrical systems and safety-related work practices.

4. Employers must perform an assessment of each operation in their workplace to determine if their employees are required to wear personal protective equipment (PPE). Note that engineering controls and work practices are the preferred methods for protecting employees ― OSHA generally considers PPE to be the least desirable means of controlling employee exposure.

5. If necessary to protect the health of your employees, you must provide appropriate respirators. You must establish a Respiratory Protection program that meets the requirements of OSHA's Respiratory Protection standard.

6. Employers whose employees are exposed to excessive noise (e.g., conditions that make normal conversation difficult) may be required to implement a Hearing Conservation program.

7. Employers should evaluate their workplaces for the presence of confined spaces.

8. If employees may be exposed to blood or bodily fluids as part of their assigned duties, you may be subject to OSHA's Bloodborne Pathogens standard.

9. If your employees operate Powered Industrial Trucks (i.e., forklifts), you may be subject to OSHA's Powered Industrial Trucks standard.

This list is not comprehensive – additional OSHA standards may apply to your workplace. Be sure to review OSHA's general industry standards (29 CFR 1910) for other requirements. In addition, section 5(a)(1) of the Occupational Safety and Health Act, known as the General Duty Clause, requires employers to provide their employees with a workplace that is free of recognized hazards likely to cause death or serious physical harm.

Step 3: Survey Your Workspace for Additional Hazards

Survey your workplace for additional hazards and OSHA requirements by using a checklist/internal audit tool.

Step 4: Develop a Comprehensive Jobsite Safety and Health Program

While not required, Complete Concepts Consulting and OSHA recommend employers to develop comprehensive safety and health programs, development and implementation of these programs is an effective way to comply with OSHA standards and prevent workplace injuries and illnesses.

Step 5: Train Your Employees

Prevention, Prevention, Prevention! There are many resources available to business owners to assist in the training of themselves and their employees. The US Department of Labor has resources on their site, or a consulting firm can be used to conduct annual training.

Step 6: Recordkeeping, Reporting and Posting

1. Recordkeeping. OSHA requires certain employers to keep records of workplace injuries and illnesses (29 CFR 1904).

2. Reporting. OSHA requires all employers, regardless of size or industry, to report the work-related death of any employee or hospitalizations of three or more employees. Read about OSHA's reporting requirements (29 CFR 1904.39).

3. Access to Employee Exposure and Medical Records. An OSHA standard (29 CFR 1910.1020) requires employers to provide employees, their designated representatives, and OSHA with access to employee exposure and medical records. Employers generally must maintain employee exposure records for 30 years and medical records for the duration of the employee's employment plus 30 years.

NOTE: If your workplace is in a state operating an OSHA-approved state program, state plan recordkeeping regulations, although substantially identical to federal ones, may have some more stringent or supplemental requirements, such as for reporting of fatalities and catastrophes. Contact your state program directly for additional information.

Step 7: Additional Compliance Assistance Information

The US Department of Labor has a wealth of information for Small Business Owners. You can visit the Small Business page for more details

Written by:
Melonie Boone MBA, MJ, PHR
Co-Chief Executive Officer and Owner
Complete Concepts Consulting

About Us:

Complete Concepts Consulting (CCC) is a human resources consulting agency in Chicago, Illinois specializing in small business support for Employment and Labor Law Compliance; Policy and Procedures creation and enforcement; Team Leadership and Employee Training; Recruiting; Strategic Planning; Coaching and Mentoring; Employee Retention; Payroll and Benefits Administration; Performance Management; Compensation Planning; Employee Relations; Efficiency Optimization; Process and System Improvements; Succession Planning; Relationship Management.

For More Information:
info@completeconceptsconsulting.com
http://www.completeconceptsconsulting.com/
(773) 527-1337

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Sources:
http://www.ehso.com/oshaoverview.php#who
http://www.osha.gov/dcsp/compliance_assistance/quickstarts/general_industry/gi_step1.html