Understanding OSHA's Enforcement of Workplace Health and Safety Standards

Understanding OSHA's Enforcement of Workplace Health and Safety Standards

The Occupational Safety and Health Act of 1970 authorized the creation of the Occupational Safety and Health Safety Administration (OSHA) to ensure employees worked under safe and healthy conditions. OSHA’s establishment of health and safety standards aims to protect workers by preventing work-related injuries, illnesses, and deaths by enforcing standards for every employer or business.

OSHA enforces its health and safety standards through inspections, providing a robust mechanism for maintaining OSHA Establishment health.. Understanding these regulations and prioritizing workplace safety can help you avoid OSHA inspections and potential penalties that can result in high fines.

The OSH Act entitles employees to a safe and healthy workplace. Under the OSHA health and safety standards, employers must adhere to industry-specific regulations, provide safety and training opportunities relevant to the occupation, and provide appropriate personal protective equipment (PPE) for maintaining OSHA establishment health. Failure to meet these requirements can lead to compliance inspections and penalties for any violations.

OSHA enforces its standards by conducting compliance inspections through health and safety officers. These highly trained officers usually conduct random OSHA inspections. The agency prioritizes workplace inspections in places where there is a high risk of severe harm or death.

For states under OSHA-approved State Plan, dedicated state inspectors conduct inspections during specific times, usually, regular business hours. During the inspection, the inspector will be accompanied by the employer’s representative and any employee representative as they check for potential hazards. The inspectors can conduct private interviews with workers at any period during the inspection.

OSHA inspectors can conduct the following types of inspections at workplaces:

Imminent Danger Inspections 

These inspections involve situations where practices and conditions at a facility indicate a life-threatening situation that OSHA enforcement efforts can prevent. Imminent danger inspections have a higher priority than others and can be triggered at any time. 

Severe Injuries or Illnesses 

This investigation is triggered when a workplace accident results in a fatal or severe injury to more than three employees. Employers must report such an incident to OSHA within an 8-hour window. The compliance officer will examine the event, determine its cause, and determine if there was any violation of OSHA standards.

Complaints

Employees concerned about their safety at their workplaces can contact OSHA anytime. The agency will respond by sending an official written communication outlining the complaint or performing a site inspection.

Targeted or Programmed Inspections

These inspections target facilities or industries that are highly hazardous and experience high rates of injury and illness, based on data from the US Bureau of Labor Statistics (BLS’). If your industry falls under OSHA’s emphasis program, you may experience more comprehensive inspections.

Follow-up Inspections 

Compliance officers allow employers to rectify a violation if one is found during an inspection. The officer may conduct follow-up inspections to ensure the employer has corrected previously flagged violations. Failure to abate an OSHA standard infraction and correct a violation can result in further citations and fines. 

OSHA can issue citations and penalties within six months of a violation being found, emphasizing the significance of adhering to OSHA Establishment health standards. This demonstrates how does OSHA enforce its standards. Penalties can range from $15,625 for non-willful breaches to $156,259 for willful violations, adjusted annually for inflation per violation. Small businesses and employers operating in good faith may have their penalties reduced. However, there are no penalty reductions for willful violations.

Employers should regularly review OSHA standards and stay informed about changes by visiting the OSHA website. They should also conduct frequent safety checks to ensure their workplaces comply with OSHA regulations. Implementing a safety program allows your employees to be knowledgeable about workplace safety.

OSHA’s establishment of health and safety standards ensures employees are protected from workplace hazards. The agency may update these regulations, and keeping up with these regulations can be challenging. At Scarinci Hollenbeck, LLC, our management defense attorneys can help you navigate and understand these regulations to avoid paying high penalties. Contact us and find out more about OSHA regulations.