What is OSHA?

OSHA stands for Occupational Safety and Health Administration and it is a division of the US Department of Labor.  This government agency was established to ensure healthy and safe workplaces for employees in the private and public sectors.

OSHA is responsible for setting and enforcing its national safety standards and overseeing state-based programs. The agency is also responsible for enforcing anti-retaliation and whistleblower protection laws related to workplace safety reporting.

What is the purpose of OSHA?

OSHA was founded in 1970 by then-President Richard Nixon to ensure that all employees across the country were given the right to a safe workplace. Since then, the answer to the question ""What is the purpose of OSHA?"" has changed considerably.

Ultimately, OSHA's goal is to reduce workplace hazards and fatalities. The primary path the agency takes to achieve this is through developing and enforcing safety standards. However, OSHA handles more than just compliance enforcement.

OSHA also provides safety training and education to employers to ensure that business leaders know how to keep employees away from danger. Additionally, the agency assists employers in regulatory compliance, regularly providing consultations to help resolve dangerous situations.

Employer Responsibilities Under OSHA

OSHA's ""  general duty clause  "" (found in Section 5) states that all covered employers must provide a workplace for all employees that is free from known hazards that cause or are likely to cause serious physical harm or death. In addition to this general rule, OSHA has also outlined other responsibilities that employers must take on to comply with federal regulations.

Detect and fix security issues

Employers have a duty to actively look for potential safety hazards that could harm their employees. This can be done through simple observation of workplace practices, but hazards can also be detected through workplace testing, such as indoor air quality, radiation, noise level, or asbestos testing. Note that employees have a right to receive information about the results of these tests.

If any safety problems are found, employers must fix them according to OSHA regulations. Changing working conditions (such as using safer chemicals or installing high-quality ventilation systems) should always be the first thing an employer does to eliminate hazards.

Display Informative Signage

Like many federal agencies, OSHA requires employers to prominently display signs that inform employees of employer responsibilities and employee rights under the law. OSHA provides a free downloadable poster for all employers titled “  Job Safety and Health: It’s the Law!  ” Although the law does not require employers to post signs in other languages, it is available in 16 additional languages.

Provide training and information

OSHA-covered employers must provide employees with information regarding chemical hazards and help them avoid harming themselves by using information sheets, color-coded labels, alarms, and other safety measures. Additionally, employers must take steps to provide safety training to all employees in a language they understand.

Providing protective equipment and testing

In addition to safety training, OSHA-covered employers must also help employees avoid potential hazards by providing them with safety equipment. This can be anything from gloves, hard hats and earplugs to respirators or full-body suits.

In jobs that require adequate sensory skills to perform the job safely, employers may be required to provide medical tests, such as vision and hearing tests. Employees are entitled to receive copies of their workplace medical records.

Generate timely reports and keep accurate records

If an accident occurs in the workplace, the employer must notify OSHA within eight hours. Employers have 24 hours to notify the agency of a work-related hospitalization, amputation, or loss of vision.

All employers must keep records of injuries and illnesses that occur in the workplace, as well as   any safety violations obtained using OSHA Form 300. This data must be posted in a prominent place where employees can see it.

Avoid retaliation at work

All employees covered by OSHA regulations have the right to have their workplace inspected, to file an OSHA complaint, to attend an inspection, and to speak with an on-site inspector. Employers must not retaliate against any employee who exercises these rights.

If an employer decides to retaliate, employees have the right to file an additional complaint for that retaliation. If that complaint is found to have merit, the employer can be sued by the Secretary of Labor to obtain relief for the employee, such as putting the employee back on the job or paying for lost wages.

Who is not covered under OSHA?

Some types of people are not universally covered under OSHA:

• self-employed person
• Business owners with no employees
• Non-employees, such as temporary workers and independent contractors
• Volunteers
• Unpaid interns will not replace employees
• Immediate family members of agricultural employers
• Employees with risks covered by another federal agency (e.g., the Federal Aviation Administration or the Department of Energy)

However, OSHA coverage is complex and depends on a number of factors for other types of employees. For example, OSHA generally does not cover those working in state and local government positions. However, these employees may get OSHA coverage if their state has an OSHA-   approved state plan .

There are also 21 states and one territory where private employees are not covered by OSHA's federal regulations. Employees in these jurisdictions will also be covered by OSHA-approved state plans. The following jurisdictions have OSHA-approved plans that cover both private businesses and state/local government employees:

• Alaska
• Arizona
• California
• Airport
• Indiana
• Iowa
• Kentucky
• Nevada
• Maryland
• Michigan
• Minnesota
• new Mexico
• North Carolina
• Oregon
• Puerto Rico
• South Carolina
• Tennessee
• Utah
• Vermont
• Virginia
• Washington
• Wyoming

In jurisdictions where OSHA-approved plans cover only state and local government employees (including Connecticut, Illinois, Maine, New Jersey, New York, and the U.S. Virgin Islands), federal OSHA regulations cover private employees.

What is an OSHA violation?

An OSHA violation occurs when an employer implements or permits practices in the workplace that are against OSHA safety standards, resulting in a potential or actual safety hazard. Whether the employer did this intentionally or unintentionally, it is still considered a violation.

Although this basic definition seems straightforward, the full answer to the question “What is an OSHA violation?” is often more complex than people think. Violations can fall into six categories:

• Intentional:  a hazard that the employer is well aware of and has made no serious effort to correct
• Serious:  a hazard that is highly likely to cause death or serious injury that the employer knew or should have known about
• Other than serious:  a hazard that affects job safety and health, but is not likely to cause serious injury or death
• Minimal:  A minor hazard that has no real effect on worker safety or health but is technically against OSHA regulations
• Failure to prevent:  a hazard for which the employer was previously held responsible but failed to correct
• Repeated:  A situation where the same hazards are found upon re-inspection after a notice has been issued

When an inspector finds evidence of an OSHA violation, the agency may choose to issue a citation or fine within six months of the discovery. Citations usually state which OSHA standard was violated, when it needs to be corrected, and what penalties  are  proposed.

Fines can range from $16,131 for less serious violations to hundreds of thousands of dollars for willful or repeated violations. If the employer fails to correct the violation by the date on the original citation, fines can be assessed on a daily basis.

OSHA may reduce penalties for small businesses or those the agency believes are acting in good faith, but there are no reductions for those suspected of willful violations.

What is the purpose of OSHA's citations and penalties? OSHA encourages employers to remember that the agency's ultimate goal is to correct the hazard and  achieve continued compliance  . As a result, employers have 15 days to contest the violation. Alternatively, the employer can request an informal meeting with the area director to discuss the citations and penalties and attempt to create a plan to correct the hazard.