Federal OSHA Regulations
The primary function of the United States Office of Occupational Safety and Health Administration (OSHA) is to establish regulations and guidelines to help prevent workplace injuries, illnesses and deaths. The agency was created in 1971 after President Richard Nixon signed the Occupational Safety and Health Act into law on Dec. 29, 1970. OSHA conducts workplace inspections and responds to violations and inquiries. Penalties for violating an OSHA regulation can extend up to $70,000, depending on the nature of the violation.
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Notice Posting
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Employers are required to post notices from the Occupational Safety and Health Administration and the United States Department of Labor that alert employees to protections and regulations. Copies of the Occupational Safety and Health Act should be available to employees upon request. Notices must be unaltered and placed in a prominent location.
Inspections
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Safety-compliance officials from the Department of Labor must be granted entrance to work sites to conduct inspections at times that are reasonable for factories, plants, construction sites and other work establishments. Inspections are typically held during work hours. Equipment, operational procedures, written and electronic records, chemicals and materials might be examined during an official walk-through, ans employees and contractors might be interviewed to gather pertinent details and information about the establishment. Federal Secretary of Health, Education and Welfare representatives are also authorized to carry out workplace inspections.
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Recording Injuries
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Employers must maintain records of all injuries, sicknesses and deaths that are work related. The workplace or establishment is defined by OSHA as the main and subsequent locations where at least one employee works for an employer. Workplace injuries and illnesses that cause an employee to miss work, that require medical treatment or that result in a job transfer must be documented on official OSHA 300 and 301 forms. Documentation must include the injured employee's name, the location where the injury occurred and a summary of the injury. You must also include your business name and location and the number of work related injuries, illnesses or deaths that have occurred at your establishment. Preexisting illnesses that began before employment or that are not work related aren't considered workplace injuries.
State Plans
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The Occupational Safety and Health Act requires that state regulations meet federal standards. OSHA reviews, approves and monitors state plans and provides up to half the funding associated with the creation and application of state plans. To ensure that the plans are effective, state health department officials must regularly inspect workplaces. They also can offer training and consultation sessions to employers.
Privacy
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Federal and state health officials are limited to gathering information that is relevant to an inspection or workplace injury or illness review. If possible, the majority of the data related to a workplace injury or illness should be gathered directly from the injured or ill employee. During an inspection or review, federal and state health officials are required to tell employees whether inquiries require a mandatory or voluntary response. Employee Social Security numbers and other personal information remains undisclosed unless otherwise required by federal law.
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