What Is OSHA Compliance?

What is OSHA?

OSHA is a federal agency housed within the United States Department of Labor (DOL). Its purpose is to establish and enforce rules that employers must follow to keep their workplaces safe and healthy for all employees. OSHA may also provide employer and employee training, education, outreach and assistance.

“OSHA is empowered to enforce compliance by employers and the law provides for penalties for employers who violate the regulations,” Jim Rogers, instructor on LinkedIn Learning and former Director of the OSHA Training Institute Education Center at Arizona State University, told us. “Additionally, compliance is meant to keep workers safe and healthy, ensuring lasting careers and a productive workforce.”

What does it mean to be OSHA-compliant?

OSHA compliance is a company’s adherence to all OSHA workplace safety standards. OSHA compliance requires employers to promptly detect and resolve workplace health and safety issues. Notably, OSHA compliance requires companies to fix pressing problems before measures such as personal protective equipment (PPE) become necessary.

OSHA-compliant workplace requirements

In practice, OSHA compliance requires employers to follow dozens of specific rules to keep employees safe and healthy.

OSHA’s workplace safety guidelines, as first outlined in the Occupational Safety and Health (OSH) Act of 1970, state that employers must do the following:

• Guarantee a workplace with no serious recognized hazards
• Regularly keep workplace conditions in line with basic OSHA standards
• Provide employees with only safe equipment and tools and maintain or upgrade these devices as needed
• Post clear, prominent signage to indicate potential workplace hazards to employees
• Outline safe workplace operation procedures and notify employees of policy changes
• Provide workplace safety training for employees in clear, easy-to-understand language
• Teach employees about safe chemical use, incident prevention and hazardous exposure protocol
• Store data sheets for all hazardous materials digitally or physically in the workplace
• If applicable, follow OSHA standards for training and medical examinations
• Display an OSHA poster or your state OSHA agency’s equivalent in a workplace location with heavy foot traffic

• Report all workplace incidents to OSHA according to the following timeline:
  • Report work-related deaths within eight hours
  • Report work-related eye losses, amputations and inpatient hospitalizations within 24 hours
• Maintain a running record of all work-related injuries and illnesses and give current and former employees easy access to these records
• Provide employees with medical and exposure records
• Heed all OSHA compliance officer requests during workplace safety and health inspections
• Never discriminate or retaliate against employees who pursue legal or other action according to their OSHA rights
• Display OSHA citations near spaces deemed unsafe for the longer of the following:
  • Three full days
  • Until the area becomes safe again
• Correct any OSHA violations within OSHA’s designated time frame and submit documentation

“Staying up to date with OSHA standards is essential,” said Melissa Mosier, injury attorney at Joye Law Firm. “Safety should be an ongoing conversation, not a one-time task.”

Who does OSHA compliance apply to?

OSHA compliance applies to nearly all businesses. Unless your company meets the limited exemption standards, your workplace must always comply with OSHA. The following types of companies, employees and business circumstances are exempt from OSHA’s federal workplace safety standards:

• Self-employed people with no employees
• Farm employers’ immediate family members
• Any workplace hazards that another federal agency, such as the Mine Safety and Health Administration, would cover instead

Volunteers and interns are typically not covered by OSHA either.

OSHA state plans 

Additionally, roughly half of all states have their own workplace safety and health programs, even though the OSH Act applies to all private companies in the U.S. and its territories. 

“OSHA has worked with [many] state governments to establish state OSHA plans,” said Rogers. “In these states, the regulations are required to be ‘at least as effective as’ the Federal regulations, but some states will establish more stringent requirements. The Compliance Officers in these states will typically work for the state’s safety and health agency.”

The places with OSHA state plans for the public sector and most of the private sector include the following:

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

These places have state plans limited to the public sector:

• Connecticut
• Illinois
• Maine
• Massachusetts
• New Jersey
• New York
• U.S. Virgin Islands

The state authority and the federal OSHA may split employer OSHA coverage in these states. However, in all 50 states, the federal OSHA has the final say in all workplace safety and health matters.

What happens if you don’t comply with OSHA?

Lack of compliance could prove dangerous for you and your employees. Sick or injured employees can’t perform their usual work for you, thus hurting your operations and revenue.

“If an accident occurs, the job site may need to shut down and a responsible employer will also conduct an investigation,” said Mosier. “By following OSHA guidelines, you mitigate risks and keep your operations running.”

Failing to remain OSHA-compliant has legal ramifications as well. Employees working in a noncompliant environment can file complaints to OSHA, which can then send its officers to your workplace for an inspection. If OSHA officers find that your workplace isn’t OSHA-compliant, you could face significant fines.

“Current penalties for violations can be as much as $16,550 per violation and can go as high as $165,314 per violation for ‘willful’ or ‘repeat’ violations,” said Rogers. “Citations are also typically listed on the agency’s website where they can be viewed by anyone.”

Compounding the short-term effects of a fine is the long-term cost of a reputation as an unsafe or unhealthy workplace. If an OSHA official designates your workplace as unsafe, employee motivation could drop and you could see a spike in employee absenteeism and turnover. Hiring will be difficult too as few people are willing to work in unsafe conditions.

“[Non-compliance] jeopardizes your ability to hire and retain good workers because no one wants to work for a company that doesn’t prioritize safety,” said Mosier. “Word spreads fast and, if your company is known for cutting corners on worker protection, you’ll struggle to attract and keep skilled employees.”

How do you stay OSHA-compliant?

Maintaining OSHA compliance is straightforward. Here are some tips for complying with OSHA requirements.

Determine your risk.

The first step in ensuring OSHA compliance is identifying outstanding workplace safety or health concerns. OSHA offers a guide to workplace safety assessments, which you can typically complete yourself.

Establish workplace safety rules and procedures. 

Employers should, at the very least, establish workplace safety rules and procedures that meet the minimum standards set by OSHA. There are plenty of resources online to help you understand what is required of you. However, instead of adopting bare-minimum rules Rogers suggests considering how they apply to your organization.

“To have a real impact, employers should think about their specific workplace, the processes and activities performed by their employees and the tools and chemicals their employees are expected to use to perform their jobs,” he said. “Use this information to create real procedures that tell employees how to complete their tasks safely and productively.” 

In addition to outlining standardized steps and processes, it can be helpful to include procedures for special conditions or circumstances.

Conduct workplace safety training.

All employers and teams benefit from safety training that addresses workplace fires, machinery use and licensure needed for dangerous equipment. In your training, be clear that only qualified and trained employees should use hazardous workplace tools.

Although general hazard training is important, it also needs to be combined with workplace-specific training. Rogers provided an example regarding Hazard Communication, an area where training is required in many workplaces.

“General training about what Hazard Communication is and how to read things like Safety Data Sheets (SDS) is important, but it must be accompanied by workplace-specific training, such as ‘Now that you know how to read these SDSs, here are the sheets for the chemicals you will be using. Let’s look at them and learn what PPE you need to use to protect yourself,’” he said.

Start with simple fixes.

Every workplace can be safer after just a few simple fixes. Identify tripping, slipping or falling hazards and clear them. Eliminate hallway clutter and dry your floors immediately if you clean them with liquids. Place floor mats or carpet liberally throughout your workplace.

Have supervisors onsite to enforce safety protocols.

It’s one thing to educate employees on workplace safety and it’s another to routinely enforce it. Have shift supervisors lead by example in following safety protocols. They should also be diligent in ensuring the rest of the staff is following standard operating procedures as well. 

“Confirm that training is effective and being applied in the field,” said Mosier. “Compliance must be real and actionable. The best companies track and even reward safety compliance.”

Let the machines do the lifting.

Employees who lift heavy objects as part of their work may be more prone to workplace injuries (and claims on your workers’ comp insurance). If used safely, lifting and transportation machinery can circumvent this risk, making your operations more efficient. Regardless of whether you invest in machinery, you should train your employees in proper lifting techniques.

Have a first-aid kit ready to go.

First-aid kits typically have everything you need for initially dealing with workplace emergencies before your employees visit a doctor or hospital. Train your employees on where first-aid kits are located and how to use one so anyone on your team can respond to emergencies immediately.

Keep ample PPE on hand.

PPE includes anything that protects your employees from injury when they’re working with dangerous items. It is crucial to keep PPE on hand, but it is not a substitute for safety procedures. Providing PPE amid unresolved workplace safety hazards instead of addressing these hazards violates OSHA rules. Fixing the danger, rather than coming up with workarounds, should be a priority.

When providing PPE, it’s important to provide protective equipment that fits your workers. Employees come in all shapes and sizes and so should your PPE.

“Supplying PPE that doesn’t fit properly can create a greater hazard and it discourages employees from wearing it,” said Rogers. “Take a little extra time to make sure you are buying PPE that fits your specific people.”

Properly maintain your equipment.

Old or malfunctioning equipment is always a workplace hazard, so equipment maintenance (and upgrades, when necessary) is crucial for workplace safety. Don’t try to fix it yourself or ask employees to fix it — call the professionals instead.

Don’t neglect mental health.

More than ever, mental health is a vital component of workplace safety. That’s because happier, less-stressed employees make better — and safer — decisions. A broad set of company mental health and time-off policies can help on this front.

Know what to do in an emergency.

Ultimately, even employees in OSHA-compliant offices can experience workplace injuries and illnesses. That’s why even the safest companies should establish emergency protocols. Your emergency plans should cover everyday injuries; unexpected incidents; major medical emergencies, such as heart attacks; and natural disaster preparedness.

Have the right insurance.

Business insurance plans, such as workers’ compensation and business property insurance, are key to restoring workplace safety following major incidents. After these events, your insurance plans can step in to cover workplace safety and health costs, though they’re not a substitute for 24/7 OSHA compliance. Together, insurance and workplace safety plans keep your whole workplace safe and healthy — and operational — even in dire circumstances.

What are some examples of serious OSHA violations?

OSHA violations can fall into one of five categories: serious, other than serious, willful or repeated, posting requirements and failure to abate. Each violation category has a minimum and maximum penalty amount per violation. While some violations that fall into a less severe category, such as posting requirements, may have a relatively low penalty, companies with more critical violations have been known to receive penalties in the thousands and even millions.

Since January 2015, there have been roughly 15,000 enforcement cases with initial penalties of $40,000 or more.

Here are a few examples of serious OSHA violations:

BP Deepwater Horizon

In 2010, one of the largest industrial accidents occurred when an oil drilling rig exploded in the Gulf of Mexico. The accident killed 11 people, injured 17, endangered thousands of animals and contaminated the groundwater supply. The explosion was reportedly caused by multiple factors, including a defective concrete cap, faulty installation processes and problem indications that were ignored during testing procedures. Ultimately, BP Products North America was slapped with more than 250 violations and more than $81.3 million in penalties.

BP Texas refinery explosion

Although the Deepwater Horizon tragedy was BP’s most costly run-in with OSHA, it’s not the first. In 2005, a refinery in Texas exploded, killing 15 people and injuring 180 others. There were multiple missteps, such as faulty equipment and improper management, but the accident ultimately occurred from an overpressurized distillation tower that overflowed and exploded. BP received more than 300 violations from OSHA and a penalty of more than $21.3 million.

Kleen Energy natural gas explosion

In 2010, an explosion occurred at Kleen Energy Systems’ natural gas power plant in Middletown, Connecticut. The plant was under construction when the blast occurred. A test “blowdown” — a purging of natural gas from a pipeline — was being conducted when it was sparked by an unknown source, killing six workers and injuring at least 50 others. OSHA cited 371 safety violations and doled out $16.6 million in penalties, with O&G Industries receiving the heftiest fine of more than $8.3 million. (Keystone Construction & Maintenance was penalized $6.6 million and BlueWater Solutions was fined nearly $1 million.)

Sunfield, Inc. machine hazard exposure

A more recent OSHA violation and one of the largest penalties against a company in the automotive parts industry occurred in 2016 when Sunfield, Inc. ultimately exposed workers to machine hazards. Although the facility committed several violations over the course of 20 years, it was finally inspected after two separate incidents in January (faulty safety light curtains resulted in a male with multiple lacerations and a fractured right elbow) and February (inadequate safeguards resulted in a male undergoing surgical amputation of his arm) of 2016. In addition to inadequate safety mechanisms, the automotive parts facility also failed to provide certain PPE and allowed workers to use damaged equipment. Sunfield, Inc. received a $2.9 million penalty.

Skye Schooley contributed to this article.