As a business owner, ensuring the health and safety of your team should be a top priority. Your employees' work and productivity are vital to keeping your business running smoothly, and any threat to their safety can significantly impact your business' operations. While maintaining a safe working environment involves several factors, there are specific legal obligations you must adhere to.
Under the U.S. Department of Labor, the Occupational Safety and Health Administration (OSHA) has established comprehensive guidelines that businesses must follow. These guidelines extend beyond the physical workplace, including emergency plans, proper documentation, and more. While a few businesses are exempt, which we will discuss later, most companies must comply with OSHA regulations regardless of size. Non-compliance can lead to significant fines, legal consequences, and reputational damage that may be challenging to recover from.
Prioritizing OSHA compliance not only ensures the safety and health of your team but also fosters a culture of responsibility and care within your organization. By doing so, you mitigate risks and contribute to a more productive and motivated workforce, which can ultimately drive your business toward sustained success. In other words, OSHA compliance is not just a legal obligation but a strategic move that can enhance your business' performance and reputation.
Exempt And Partially Exempt Businesses
While most businesses are required to comply with all OSHA regulations, several factors determine whether your business falls under OSHA's jurisdiction and the extent of compliance needed:
- Small business exemptions: Companies with 10 or fewer employees are partially exempt from OSHA. While they must still comply with specific reporting requirements, they are not required to maintain records of illnesses or injuries unless directed otherwise by OSHA.
- Industry-specific exemptions: Depending on the industry, businesses with 10 or more employees may still be partially exempt from OSHA's recordkeeping requirements. Low-risk sectors, such as payroll services and research and development, for example, have reduced OSHA responsibilities and are only required to comply with specific regulations.
- Location-based exemptions: OSHA has reviewed and approved 22 state employee safety programs. If your business operates in one of these states, you must follow the specific regulations set forth by the state's safety program rather than federal OSHA regulations.
- Self-employed exemption: This only applies to businesses where the owner doesn’t have employees. Once a business owner hires one or more employees, they become subject to OSHA regulations.
- Federally or state-regulated industries: These industries include mining and milling, aviation, churches and religious establishments, to name a few. While these organizations do not fall under OSHA, they must adhere to their industry's specific regulations to ensure the health and safety of their workers.
It’s critical to understand your business’ required level of compliance. In addition, as your business grows, it’s important to regularly revisit your health and safety practices to ensure ongoing compliance, as your status may change.
OSHA Requirements For Employers
As a business owner, you are responsible for providing a safe workplace free from serious hazards. Workplace injuries can significantly impact your employees, reducing productivity and morale. Unsafe work environments often result in increased absenteeism, as injured employees may require extensive time off, which in turn places additional labor demands on the remaining staff. This can lead to burnout, disengagement, and even more injuries due to fatigue. Investing in the health and safety of your team can save you time and money in the long term.
Beyond creating a safe work environment, OSHA also requires you to implement and maintain several key safety protocols and practices, including:
Emergency plan
A clearly defined emergency action plan (EAP) is essential in a crisis requiring employees to evacuate the workplace; this plan should outline the procedures for exiting the building or work zone safely. Ensure all staff members know the EAP and that it’s in an accessible area for easy reference, such as the cafeteria or a common gathering area. Regular drills and updates to the plan will help keep employees prepared and aware of the proper actions to take during an emergency.
Fire safety plan
Similar to the emergency action plan, a written fire safety plan is required. In addition, marked exits that are always obstruction-free are mandatory. If you choose to keep fire extinguishers onsite, while not required by OSHA in most cases, it’s essential to train your employees on proper use.
Safety tools and training
As an employer, you must provide all necessary tools and safety equipment for your team. This varies depending on your industry, but personal protection equipment (PPE) while operating heavy construction equipment is one example. Additionally, it’s crucial to ensure that employees are adequately trained in using and maintaining these tools. Regular training sessions will help maintain a high level of safety and proficiency.
Personal protection equipment (PPE)
PPE includes items such as head protection, gloves, masks, respirators, and eye, face, and ear protection. In industries where employees handle hazardous materials or work in dangerous environments, it’s your responsibility to provide the appropriate PPE and ensure your staff utilizes it effectively. Integrate regular training sessions and reminders into your workflow to reinforce proper usage.
Documentation and reporting
OSHA has specific documentation and reporting requirements for workplace injuries and illnesses. While you must report all cases to OSHA, the severity of the incident will dictate the reporting timeline. For instance, fatalities or amputations require you to file a report within eight hours of the incident, while less severe injuries require a report within 24 hours. Maintaining accurate records and adhering to these reporting guidelines are essential for compliance and employee safety.
OSHA compliance is a serious task that can be time-consuming and costly. If you’re not sure where to start , this OSHA compliance checklist will help ensure you’re on the right track. However, if you’re seeking more assistance, partnering with a professional employer organization (PEO) like GMS can be highly beneficial.
How GMS Can Help
As a small business owner, you can take extensive measures to create a safe working environment, but accidents may still happen; having a plan for when they do occur is the best way to ensure your team and your business are as protected as possible. GMS’ workers’ compensation experts work closely with your company to create a comprehensive risk management plan to keep your employees safe while also saving you money. In addition, our experts are always ready to help you navigate claims in real time. Our partnership with CarivaCare provides our clients with 24/7 access to the workers' compensation nurse triage program. This program offers employees a neutral, third-party medical professional to report any injuries on the job.
PEOs like GMS not only ensure compliance with OSHA but also implement cost-containment and loss-prevention strategies to lower workers' compensation rates and save your hard-earned money. Contact us today, and let us help you create a safer and more compliant workforce!