OSHA was created by law in 1970 to oversee workplace safety andhealth. Today, it covers more than 100 million employees and sixand a half million employers. Miners, transportation workers, manypublic employees, and those who are self-employed are about theonly ones not covered by OSHA. Businesses that use nonemployeeworkers, such as independent contractors or volunteers, are alsonot subject to OSHA. Workers are considered employees under OSHA ifyou:
- Control the actions of the employee,
- Have the power to control the employee’s actions, and
- Are able to fire the employee or modify employmentconditions.
OSHA itself employs more than 2,000 inspectors, plus hordes ofinvestigators, engineers, physicians, educators and others in morethan 200 offices nationwide.
OSHA has a labyrinth of rules regarding everything from asbestosto workplace violence. There are regulations on how to reportinjuries, document your safety program and on countless othertopics, all of which vary by industry and even by the size of yourfirm. Many businesspeople complain about the burdens of complyingwith OSHA rules, but there’s no doubt that the end result–a saferworkplace–is a worthwhile goal. There’s also no doubt thatcompliance with OSHA is not optional.
The first step in complying with OSHA is to learn the publishedsafety standards. The standards you must adhere to depend on theindustry you’re in. Every business has to comply with generalindustry standards, which cover things like safety exits,ventilation, hazardous materials, personal protective equipmentlike goggles and gloves, sanitation, first aid and fire safety.
Under OSHA, you also have a general duty to maintain a safeworkplace, which covers all situations for which there arepublished standards. In other words, just because you complied withthe standards that specifically apply to your industry doesn’t meanyou’re off the hook. You also need to keep abreast of possiblehazards from new technology or rare situations the government mayhave thought of and published standards for.
Even OSHA realizes its rules can be daunting for smallbusinesses. So the agency maintains an extensive online database ofarticles, handbooks, frequently asked questions, guidelines andmore, especially for small businesses, at its website. Go tothis section of its site to view thesmall-business-specific materials.
Ask your insurance carrier if an insurance company safetyspecialist can visit your business and make recommendations.Insurers are typically more than happy to do this since the saferyour business is, the fewer accident claims you’ll file. Thegovernment can also help you set up a safety program. Both OSHA andstate 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 asstate organizations listed in the government pages of your phonebook, usually under “Labor Department,” “Department of Commerce” ora similar name.
Don’t forget to tap into the resources of your chamber ofcommerce, industry trade association and other business groups.Many offer safety seminars and provide safety training literaturefree or for a nominal charge. In addition, there are privateconsultants who can help small businesses set up safety programsthat meet OSHA regulatory standards. Your lawyer may be able torecommend a good one in your area.
When you have a safety program in place, put it in writing witha safety manual that should explain what to do in the event of afire, explosion, natural disaster or any other catastrophe yourbusiness may face. Make sure you keep well-stocked fireextinguishers and first-aid kits at convenient locations throughoutyour building. Also make sure employees know where these arelocated and how to use them. In addition to emergency procedures,your safety manual should explain proper procedures for performingany routine tasks that could be hazardous. Ask employees for inputhere; they are closest to the jobs and may know about dangeroussituations that aren’t obvious to you.
Finally, have an insurance professional, a governmentrepresentative and an attorney review the finished manual. You’reputting your company’s commitment to safety on the line, so makesure you get it right.
Emphasize the importance of safety with meetings, inspectionsand incentive programs. These don’t have to cost a lot (oranything). Try establishing a “Safe Employee of the Month” award orgiving a certificate for a free dinner for winning suggestions onimproving safety.
