Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 15, 2023
The Firm
201-896-4100 info@sh-law.comThe 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:
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.
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.
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.
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.
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.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!