Definition: A federal agency that oversees the federal laws requiring employers
to provide employees with a workplace free from hazardous
conditions
OSHA was created by law in 1970 to oversee workplace safety and
health. Today, it covers more than 100 million employees and six
and a half million employers. Miners, transportation workers, many
public employees, and those who are self-employed are about the
only ones not covered by OSHA. Businesses that use nonemployee
workers, such as independent contractors or volunteers, are also
not subject to OSHA. Workers are considered employees under OSHA if
you:
- Control the actions of the employee,
- Have the power to control the employee's actions, and
- Are able to fire the employee or modify employment
conditions.
OSHA itself employs more than 2,000 inspectors, plus hordes of
investigators, engineers, physicians, educators and others in more
than 200 offices nationwide.
OSHA has a labyrinth of rules regarding everything from asbestos
to workplace violence. There are regulations on how to report
injuries, document your safety program and on countless other
topics, all of which vary by industry and even by the size of your
firm. Many businesspeople complain about the burdens of complying
with OSHA rules, but there's no doubt that the end result--a safer
workplace--is a worthwhile goal. There's also no doubt that
compliance with OSHA is not optional.
The first step in complying with OSHA is to learn the published
safety standards. The standards you must adhere to depend on the
industry you're in. Every business has to comply with general
industry standards, which cover things like safety exits,
ventilation, hazardous materials, personal protective equipment
like goggles and gloves, sanitation, first aid and fire safety.
Under OSHA, you also have a general duty to maintain a safe
workplace, which covers all situations for which there are
published standards. In other words, just because you complied with
the standards that specifically apply to your industry doesn't mean
you're off the hook. You also need to keep abreast of possible
hazards from new technology or rare situations the government may
have thought of and published standards for.
Even OSHA realizes its rules can be daunting for small
businesses. So the agency maintains an extensive online database of
articles, handbooks, frequently asked questions, guidelines and
more, especially for small businesses, at its website. Go to
this section of its site to view the
small-business-specific materials.
Ask your insurance carrier if an insurance company safety
specialist can visit your business and make recommendations.
Insurers are typically more than happy to do this since the safer
your business is, the fewer accident claims you'll file. The
government can also help you set up a safety program. Both OSHA and
state safety organizations conduct safety consultation programs.
Check to see what programs your state safety department offers,
too. You'll find local offices of government agencies as well as
state organizations listed in the government pages of your phone
book, usually under "Labor Department," "Department of Commerce" or
a similar name.
Don't forget to tap into the resources of your chamber of
commerce, industry trade association and other business groups.
Many offer safety seminars and provide safety training literature
free or for a nominal charge. In addition, there are private
consultants who can help small businesses set up safety programs
that meet OSHA regulatory standards. Your lawyer may be able to
recommend a good one in your area.
When you have a safety program in place, put it in writing with
a safety manual that should explain what to do in the event of a
fire, explosion, natural disaster or any other catastrophe your
business may face. Make sure you keep well-stocked fire
extinguishers and first-aid kits at convenient locations throughout
your building. Also make sure employees know where these are
located and how to use them. In addition to emergency procedures,
your safety manual should explain proper procedures for performing
any routine tasks that could be hazardous. Ask employees for input
here; they are closest to the jobs and may know about dangerous
situations that aren't obvious to you.
Finally, have an insurance professional, a government
representative and an attorney review the finished manual. You're
putting your company's commitment to safety on the line, so make
sure you get it right.
Emphasize the importance of safety with meetings, inspections
and incentive programs. These don't have to cost a lot (or
anything). Try establishing a "Safe Employee of the Month" award or
giving a certificate for a free dinner for winning suggestions on
improving safety.