Understanding OSHA Compliance: A Guide for Houston Businesses

Occupational Safety and Health Administration (OSHA) regulations are in place to reduce workplace hazards and protect the health and safety of employees. It is critical for employers to comply with OSHA, not only to protect the health and safety of their employees but because the penalties for not doing so can be significant. Below is a guide to what Houston businesses need to know about OSHA compliance.

General Overview

Nearly all workplaces are covered by OSHA, and it is important for employers to gain an understanding of the scope of their compliance requirements. To ensure employees work in a safe and healthful environment, OSHA sets and enforces standards, which vary by industry. All covered employers must comply with applicable OSHA standards as well as the General Duty Clause of the Occupational Safety and Health Act, which requires employers to keep their workplace free of serious recognized hazards. Standards are outlined on OSHA’s website.

Standards  

OSHA has specific sets of standards for employers in the general industry category as well as those in the construction, maritime and agriculture sectors. Most employers fall into the general industry category, and the standards impacting them cover a broad range of topics, from fire safety and first aid to personal protective equipment and hazardous materials. Construction standards include more specific directives, such as standards pertaining to scaffolding, excavation and construction site safety, while maritime and agriculture standards relate more specifically to those sectors.

Recordkeeping and Reporting

Many employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. Employers in certain low-risk industries are exempted from this requirement. This recorded information is intended to help OSHA, along with employers and workers, evaluate the safety of the workplace and reduce future workplace injuries and illnesses. Employers must maintain records at the worksite for at least five years and, each year from February to April, post a summary of the previous year’s injuries and illnesses where employees can see them. Companies in designated industries who had 100 or more employees at any point in the previous year must submit this summary via OSHA’s Injury Tracking Application (ITA) by March 2 of the following year (even if they did not have any reportable events).

Additionally, employers must report any worker fatality within eight hours and any amputation, loss of an eye or in-patient hospitalization of a worker within 24 hours. This can be done by contacting the nearest OSHA office, calling the OSHA 24-hour hotline at 1-800-321-6742 or filing an online report.

Employee Training and Engagement

Various OSHA standards focus on employee training and education, to ensure that employees understand any hazards associated with their job and how to protect themselves. This ranges from training on how to safely operate machinery or handle chemicals to using personal protective equipment. Employers can foster a safety-first culture by engaging employees in safety discussions and encouraging them to report hazards or unsafe conditions without fear of retaliation or blame.

Penalties for Non-Compliance

OSHA has the authority to impose significant fines for violations of its regulations. For serious and other-than serious violations, employers may have to pay up to $16,131 per violation. For repeated or willful violations, fines can be as high as $161,323 per violation. In addition to financial penalties, OSHA citations can harm a company’s reputation among potential employees and clients, among other negative consequences, underscoring the importance of proactive workplace safety management and OSHA compliance.

Summing It Up

OSHA compliance is an ongoing process that involves understanding relevant standards, implementing robust health and safety programs and procedures, training employees, maintaining proper documentation and performing regular safety audits to pinpoint and shore up problem areas. By complying with OSHA regulations, you can help ensure a healthy and safe workplace while avoiding costly penalties.

Pappas Grubbs Price PC can assist you with the complex OSHA compliance process and help you assert your rights throughout the OSHA inspection process. Few OSHA law firms in the United States match the expertise of our OSHA attorneys, who have represented hundreds of clients in OSHA investigations. For assistance with your OSHA matter, contact the OSHA attorneys at Pappas Grubbs Price.