What Is OSHA?
The Occupational Safety and Health Act of 1970 created the Occupational Safety and Health Administration (OSHA), a federal agency within the U.S. Department of Labor responsible for ensuring safe and healthful working conditions. OSHA sets and enforces standards, provides training and education, and conducts inspections and investigations.
For HR professionals preparing for the SHRM-CP or SHRM-SCP exam, OSHA compliance is a critical area within workplace safety and risk management. Understanding OSHA standards, the inspection process, and employer responsibilities is essential for both the exam and effective HR practice.
OSHA covers most private-sector employers and their workers, as well as some public-sector employers and workers in the 50 states and certain territories. Federal agencies are covered under a separate executive order requiring compliance with OSHA standards.
The General Duty Clause and OSHA Standards
The General Duty Clause (Section 5(a)(1)) of the OSH Act requires each employer to furnish a place of employment that is "free from recognized hazards that are causing or are likely to cause death or serious physical harm." This clause is a catch-all provision that applies even when no specific OSHA standard addresses a particular hazard.
OSHA standards fall into several categories:
- General Industry Standards (29 CFR 1910): Cover most workplaces and address hazards such as hazardous chemicals, electrical safety, fire protection, and personal protective equipment.
- Construction Standards (29 CFR 1926): Address hazards specific to construction sites, including fall protection, scaffolding, and excavation.
- Maritime and Agriculture Standards: Cover hazards unique to these industries.
Employers are also required to inform employees about chemical hazards through the Hazard Communication Standard (HazCom), which requires safety data sheets (SDS), labeling, and employee training.
OSHA Recordkeeping and Reporting
OSHA requires most employers with more than 10 employees to maintain records of work-related injuries and illnesses. Key recordkeeping obligations include:
- OSHA Form 300 (Log of Work-Related Injuries and Illnesses): Records each qualifying injury or illness throughout the year.
- OSHA Form 300A (Summary): An annual summary posted in the workplace from February 1 through April 30 of the following year.
- OSHA Form 301 (Incident Report): Detailed information about each recorded injury or illness.
Employers must also report the following events to OSHA:
- All work-related fatalities must be reported within 8 hours.
- All work-related inpatient hospitalizations, amputations, or losses of an eye must be reported within 24 hours.
These reporting timelines are commonly tested on the SHRM exam. The 8-hour and 24-hour deadlines are critical numbers to memorize.
OSHA Inspections and Citations
OSHA conducts workplace inspections, which follow a priority system:
- Imminent danger: Situations where there is reasonable certainty of immediate death or serious physical harm.
- Fatalities and catastrophes: Investigations of workplace deaths or incidents involving three or more hospitalizations.
- Complaints and referrals: Formal complaints from employees or referrals from other agencies.
- Programmed inspections: Targeted inspections in high-hazard industries.
During an inspection, OSHA compliance officers conduct an opening conference, a walk-around inspection, and a closing conference. Employers have the right to require a warrant before allowing an inspection (as established in Marshall v. Barlow's, 1978), though this may delay but not prevent the inspection.
Citations range from "other-than-serious" to "willful" violations, with penalties that can reach hundreds of thousands of dollars per violation. Repeat and willful violations carry the highest penalties.
Start Practicing Today
OSHA questions on the SHRM exam test your knowledge of the General Duty Clause, recordkeeping requirements, and inspection procedures. The exam features 134 questions over 4 hours at Prometric or OnVUE.
SHRMpractice.com provides targeted practice on OSHA and workplace safety topics. Take our diagnostic assessment to identify areas that need attention, then create your free account and build a study plan that works for you.