Under the Occupational Safety and Health Act of , employers have a responsibility to provide a safe workplace. Those not covered by the OSH Act include: self-employed workers, immediate family members of farm employers, and workers whose hazards are regulated by another federal agency. OSHA is committed to giving employers and workers the knowledge and tools they need to comply with their obligations and stay safe.
Investments in worker safety and health can also reduce injuries and illnesses, and produce significant improvements to an organization's productivity and profitability. You can also find your nearest federal or State Plan office and consultation program here. There are OSHA standards for construction, agriculture, maritime and general industry. Employers also must comply with the General Duty Clause of the OSH Act , which requires them to keep their workplaces free of serious recognized hazards.
Your browser does not allow automatic adding of bookmarks. Authors: John D. Surma and Collin G. Most employers fall under OSHA's administration. OSHA defines an employer as someone who is engaged in a business affecting commerce who has employees. However, OSHA does give some exceptions to who must comply with it.
OSHA does not apply when a different federal agency, such as the Department of Energy, regulates a workplace. If a business maintains 10 or fewer employees throughout a calendar year, it does not need to keep OSHA injury and illness records, although the business must file OSHA reports if fatalities occur or more than three employees are hospitalized within a calendar year. Although OSHA maintains specific standards for organizations that fall into one of the four major categories of businesses it oversees, it also lists eight primary responsibilities and standards that apply to all businesses.
These responsibilities include:. OSHA regularly reviews its standards and revises them when necessary. At times, OSHA may solicit feedback from the public to help determine new standards. The agency can begin a review of standards not only out of its own concerns but when petitioned by various parties.
State and local governments, standards-producing organizations, employers, labor representatives and all interested parties can petition OSHA for a review of existing standards. Because standards can be particularly difficult for smaller businesses to adhere to, OSHA provides additional support to these organizations. Also, noncompliance penalties are often smaller for small businesses than for large companies. The primary way in which OSHA enforces the law is by carrying out inspection activities.
Inspections can be carried out without advance notice and can take the form of on-site or telephone investigations. Typically, when an organization is found to be out of compliance, it is issued a citation or fine.
These citations are accompanied with a list of recommendations designed to fix the problem and a date by which the problem must be resolved.
If employers feel they have been unfairly cited, they can contest the citation. An independent commission known as the Occupational Safety and Health Review Commission hears the protests. OSHA maintains a severe violator program for those employers who willfully and repeatedly put their employees in danger. Severe violators are subject to mandatory follow-up inspections. OSHA does not close down a business, but if an inspection finds a hazard that poses an immediate danger to the staff, inspectors can request that all workers leave the premises.
Employers that are consistently non-compliant can be summoned to court and become subject to court orders regarding their operations, including orders to fix the problem before resuming business.
The OSHA requirements for employers are sorted into four broad categories. These categories are general industry, construction, maritime and agriculture. Although OSHA standards fall into four categories, the emphasis on regulations is consistently on preventing workplace hazards.
The general industry category is sometimes confused with the construction category, but the two are distinct. General industry businesses perform duties that do not have to do with construction, repairing or altering a structure. Employers are responsible for reporting cases of COVD if the following are met:. OSHA does not govern employers and employees in industries that are regulated by Federal and State agencies.
For example, mining companies and nuclear power plants do not operate under the authority of OSHA because they are regulated by other government agencies.
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