OSHA and Workplace Safety Compliance
The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for employees. For HR professionals, understanding OSHA's requirements is crucial not only for SHRM exam preparation but also for day-to-day risk management and compliance. OSHA covers most private-sector employers and their employees in all 50 states.
The General Duty Clause
Section 5(a)(1) of the OSH Act, known as the General Duty Clause, requires employers to provide a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm." This clause applies even when no specific OSHA standard addresses the hazard. For a General Duty Clause violation, OSHA must demonstrate that a hazard existed in the workplace, the hazard was recognized by the employer or the industry, the hazard was causing or was likely to cause death or serious physical harm, and a feasible and useful method existed to correct the hazard.
OSHA Standards Categories
OSHA has established detailed safety and health standards organized into four main categories:
- General Industry (29 CFR 1910): Standards covering hazard communication, personal protective equipment, machine guarding, electrical safety, fire protection, and more.
- Construction (29 CFR 1926): Standards addressing fall protection, scaffolding, excavation, electrical safety in construction, and other construction-specific hazards.
- Maritime (29 CFR 1915-1919): Standards for shipyard employment, marine terminals, longshoring, and gear certification.
- Agriculture (29 CFR 1928): Standards addressing tractors, roll-over protective structures, field sanitation, and other agricultural hazards.
Employer Responsibilities
Under OSHA, employers have numerous responsibilities, including:
- Providing a workplace free from recognized hazards.
- Complying with all applicable OSHA standards.
- Examining workplace conditions for compliance with standards.
- Providing required personal protective equipment (PPE) at no cost to employees.
- Establishing and maintaining required safety programs and training.
- Keeping accurate records of work-related injuries and illnesses using OSHA Forms 300, 300A, and 301.
- Posting the annual summary of injuries and illnesses (Form 300A) from February 1 through April 30 each year.
- Reporting any workplace fatality within 8 hours and any amputation, loss of an eye, or inpatient hospitalization within 24 hours.
Employee Rights Under OSHA
Employees have important rights under OSHA, including the right to file a complaint with OSHA about workplace hazards, request an OSHA inspection, participate in an OSHA inspection, access their medical records and exposure records, refuse to work in conditions that pose imminent danger (under specific circumstances), and be free from retaliation for exercising OSHA rights.
OSHA Inspections
OSHA conducts workplace inspections following a priority system. From highest to lowest priority, inspections are conducted for imminent danger situations, fatalities and catastrophes, employee complaints and referrals, programmed inspections (targeting high-hazard industries), and follow-up inspections. During an inspection, employers have the right to require a warrant before allowing the inspector to enter (though refusing entry may result in OSHA obtaining a warrant), accompany the inspector during the walkthrough, and contest any citations issued.
Citations and Penalties
When OSHA finds violations, it may issue citations with penalties. The types of violations and their associated penalties include:
- Other-than-serious: A violation that has a direct relationship to job safety and health but would not cause death or serious physical harm.
- Serious: A violation where there is a substantial probability that death or serious physical harm could result.
- Willful: A violation that the employer knowingly commits or commits with plain indifference to the law. These carry the highest penalties.
- Repeat: A violation of any standard, regulation, rule, or order where a substantially similar violation was found upon a previous inspection.
SHRM Exam Tips
For the SHRM exam, focus on the General Duty Clause, the recordkeeping requirements (including reporting timelines), the inspection priority system, employee rights (especially the right to refuse dangerous work), and the different types of violations. Understanding the difference between OSHA standards and the General Duty Clause is frequently tested.