Safety Standards and OSHA Compliance

Navigating workplace regulations can be complex, but there’s one entity you don’t want to overlook: The Occupational Safety and Health Administration (OSHA). Created under the OSH Act of 1970, OSHA’s purpose is unequivocal — to ensure safe and healthful working conditions for workers by setting and enforcing safety standards and OSHA regulations, and by providing training, outreach, education and assistance.

Why does this matter to you? OSHA compliance isn’t a one-way street that only benefits the employee. On the contrary, adhering to OSHA standards safeguards both employers and their workforces from the perils of workplace hazards. Ignore these regulations, and you’re not only jeopardizing employee safety and worker safety but also opening the floodgates to an array of consequences, including potential OSHA violations. We’re talking about financial penalties that can range from minor fines to large sums and OSHA citations that tarnish your business reputation, and in extreme cases, the maximum penalty — which could be the complete shutdown of your operations due to severe safety violations.

Sounds serious? It is. Violations of OSHA rules can lead to physical harm, workplace injuries and even fatalities, not to mention the legal repercussions of an OSHA violation. But the good news is that staying compliant often boils down to key strategies like effective hazard communication, robust safety training and a commitment to understanding and adhering to each relevant OSHA requirement, rule or regulation. Let’s dig deeper into how you can avoid common OSHA violations and promote a culture of safety.

Understanding OSHA regulations

To steer clear of pitfalls in the regulatory landscape, you need to have a solid understanding of what OSHA regulations actually entail. Firstly:

Employer ‘Musts’

• Adhere to safety standards: Comply with all OSHA safety and health standards. Proactively identify and eliminate workplace hazards to prevent OSHA violations and ensure worker safety.
• Hazard communication: Implement a comprehensive strategy for informing employees about chemical risks, including hazardous chemicals and hazardous energy sources. Use training, labels and alarms for effective communication. Ensure accessibility of safety data sheets so that employees are aware of potential hazards and can avoid physical harm.
• Timely incident reporting: Notify OSHA within an eight-hour window for workplace fatalities and within 24 hours for other severe injuries, such as a work injury or workplace injury. Failure to do so leads to penalties, including possible OSHA fines and citations.
• Provide protective equipment: Supply the required personal protective equipment to employees at no cost cost to protect them from safety hazards, such as fall hazards or exposure to hazardous chemicals.
• Maintain accurate records: Keep meticulous records of work-related injuries and illnesses. Accurate documentation can help in case of an alleged violation or OSHA inspection.

Employees’ rights

• Safe working conditions: Employees are entitled to an environment devoid of severe safety risks.
• Information and training: Workers must receive comprehensible training on workplace hazards, preventive measures and relevant OSHA standards requirements.  This encompasses hazard communication and safety training to prevent first and repeat violations.
• Access to injury and illness records: Employees have the right to review documentation of work-related injuries and illnesses to stay informed and promote worker safety.
• Examination of hazard data: Employees can obtain copies of tests that have been conducted to identify and quantify workplace hazards, including exposure to hazardous chemicals or hazardous energy.
• Ability to file OSHA complaints: Workers can petition for an OSHA inspection if they suspect a serious hazard or OSHA rule violation exists. Confidentiality will be maintained upon request, and they are protected from retaliation under the OSH Act.
• Anti-retaliation protection: Employees are protected under 11C of the OSH Act, aka Whistleblower act, from any form of retaliation for exercising their legal rights, including filing OSHA complaints. A complaint against

Most common OSHA violations

Awareness is the first step toward prevention. While understanding OSHA safety regulations is paramount, recognizing common pitfalls is equally crucial. To sharpen your focus, here are the top five most commonly cited OSHA violations:

1. Fall Protection in Construction (29 CFR 1926.501)
   Hardly a shock — fall protection is the safety standard that has consistently led OSHA’s list for the past five years, amassing 7,270 citations. Non-compliance with the fall protection standard is a common OSHA violation that can result in severe OSHA fines and penalties.
2. Hazard Communication (29 CFR 1910.1200)
   When in doubt, label everything. And when you think you’re good, double-check. Your employees should be able to identify chemical hazards with ease — knowledge translates to safety.  Failure to properly communicate hazards can lead to an alleged violation and is one of the top 10 OSHA violations.
3. Ladders in Construction (29 CFR 1926.1053)
   Ladders may appear straightforward, but they’re often the root of significant issues. Make it a priority to enforce rigorous guidelines for ladder safety; compliance in this area is non-negotiable to to prevent workplace injuries and OSHA citations.
4. Respiratory Protection (29 CFR 1910.134)
   If your workplace lacks adequate respiratory protection, you’re venturing into risky territory. Guarantee that every respiratory device aligns with OSHA standards and that your team understands correct usage to avoid safety violations and physical harm.
5. Lockout/Tagout (29 CFR 1910.147)
   Nearly 10% of serious workplace accidents result from failing to safeguard workers from hazardous energy sources, such as electricity or hot steam. Ensuring workers have the right personal protective equipment (PPE) and clearly communicating potential hazards can also help reduce risks.

These are just a few examples, but the list continues. Knowing the most frequent violations can help you focus your safety efforts where they are needed most. Ignoring these areas may lead to repeat violations and could draw the attention of the OSHA area director during inspections.

Handling OSHA inspections

Navigating an OSHA inspection demands strategic preparation and decisive action. Start by establishing a protocol that includes selecting a designated employee responsible for interacting with the OSHA inspector. Upon the inspector’s arrival, verify their credentials immediately to ensure the inspection’s legitimacy, as misidentifying an OSHA area director could have consequences. At the same time, alert senior management to keep them informed.

Choose to accompany the OSHA inspector during their walkaround to get a firsthand view of any potential workplace hazard. Document each step meticulously, as this may serve as critical evidence in case of future OSHA violations, allegations or fines. If the inspector identifies a violation — be it a de minimis violation, repeated violation or willful violation — seek clarification to understand its implications on occupational health and safety. Your next move should be to immediately address any violations, whether they’re general requirements or pose risks of physical harm or safety hazards, to mitigate any forthcoming OSHA penalties.

Request a closing conference post-inspection to clarify findings and discuss possible remedies. Time is a critical factor here: Taking immediate action could protect you from escalating fines or penalties associated with OSHA citations. Following immediate corrective measures, you may want to consider the option of appealing the citation if warranted, especially in cases of alleged violations.

Last but not least, implement long-term corrective plans to address root causes of workplace hazards and prevent the recurrence of risks. This doesn’t only put you in good standing with OSHA but fosters an enduring culture of safety and responsibility within your organization, enhancing worker safety and compliance with OSHA requirements.

More safety resources from FFVA Mutual

Elevate your safety game with FFVA Mutual’s arsenal of resources. Start with our self-inspection checklist to proactively spot risks and prevent safety violations. Dial into our safety videos for visual guidance on best practices to reduce the likelihood of OSHA violations. Explore our toolkit for a deeper dive into workplace safety essentials and learn how to stay compliant with OSHA regulations. And if any questions loom, our Solutionists are ready to guide you through your unique challenges. Let’s make safety your biggest asset.