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OSHA standards are sets of guidelines and requirements enforced by the Occupational Safety and Health Administration (OSHA) to minimize health and safety risks in US-based workplaces. They regulate companies to maintain safe and healthy working conditions and to provide suitable training and assistance to their employees before doing their jobs. OSHA standards are also known as OSHA regulations or OSHA requirements because they are stipulated in Part 1910 Title 29 of the U.S. Code of Federal Regulations (CFR).
OSHA standards are rules that describe the methods that employers must use to protect their employees from hazards. There are four groups of OSHA standards: General Industry, Construction, Maritime, and Agriculture. (General Industry is the set that applies to the largest number of workers and worksites)
History of OSHA
In the 1960s, The United States experienced a turbulent increase in work-related injuries and illnesses; resulting in 14,000 workers dying on the job each year. US Senator Harrison A. Williams Jr. and House Representative William A. Steiger pushed for prompt action to curb the alarming statistics.
“The knowledge that the industrial accident situation is deteriorating, rather than improving, underscores the need for action now.” – US Senator Harrison A. Williams Jr.
On December 29, 1970, then US President Richard Nixon signed the Occupational Safety and Health Act of 1970 which spawned three different agencies, each focused on a different aspect of health and safety in the workplace:
Benefits of OSHA Requirements Compliance
OSHA sets and enforces standards to assure safe and healthy working conditions for working men and women. Moving beyond mere regulatory compliance, adherence to OSHA standards protects workers from deadly safety hazards and health risks at work. Here are 5 benefits of complying with OSHA requirements:
Employer Responsibilities Based on OSHA Standards
In relation to OSHA compliance, employers have a responsibility to provide a safe working environment to all of their employees. Generally, the responsibility of employers can be categorized into the following 7 primary duties:
Effective safety and health programs are critical tools that not only educate workers but also spread awareness and understanding on how to identify, report, and control workplace hazards. In providing effective safety education and training, specific action items must be observed:
Employers are required to inform workers of their rights and responsibilities by posting the OSHA poster. Employers must also use color codes, labels, or signages to give appropriate warnings to workers who may be exposed to hazards upon entering a specific work area.
Below are OSHA’s designated color recommendations when informing workers of potential hazards:
Danger: This is used to alert workers of immediate risks or dangers. According to OSHA, all safety signals should be red (or mostly red) for maximum visibility.
Warning: An orange warning sign is for moderate risks not considered as urgent as red danger signs.
Caution: This sign is used for potential risks in the workplace.
Biological Hazard: Because of the unique risks that biohazard dangers present, they are separated into another category with fluorescent orange or orange-red color.
OSHA has also established safety codes that should be used when physical hazards are present in the facility:
Red: This color should be used for fire-related hazards. This pertains to areas where there are open flames and/or flammable materials that could easily ignite or explode.
Yellow: This color should be used for hazards related to striking, falling, slipping, and tripping
OSHA borrows from the American National Standards Institute’s (ANSI) color-coding scheme to provide workers instructions aimed at maximizing safety. Aside from the warning signs, the following colors are also recommended for workplace use:
Green: This color is primarily used to notify people of the proper exits when they need to immediately evacuate.
Blue: Blue is used to provide information that doesn’t necessarily have to be safety- or hazard-related.
Black & White: This color is used to point workers towards regular entrances and exits, as opposed to green which is used for emergency egresses.
7. Compliance with OSHA Standards
Aside from providing adequate safety training and a safe work environment, employers must also comply with OSHA’s standards to minimize the risk of worker injuries and fatalities.
Employers have a responsibility to report any work-related death or accident, as well as any fatalities leading to work-related hospitalizations, within 8 hours. They also need to keep an updated record of work-related injuries and illnesses if they have 10 or more employees. Minor injuries that can be remedied with first aid do not need to be recorded.
Employees have the right to access the log of work-related injuries and illnesses (OSHA Form 300), including the summary of employee medical records and exposure records to individual workers. For OSHA inspection purposes, employers need to examine workplace conditions regularly and ensure compliance with OSHA standards. The name of an authorized employee representative must be submitted to accompany OSHA’s compliance officer during inspections.
For non-compliance or partial compliance after an inspection, employers are required to post OSHA citations, until the violation has been corrected, near the area where the violation has been identified. Once cited violations have been corrected (within OSHA’s set deadline) an abatement verification documentation must be submitted.
An abatement is the correction of a violation related to safety that led to an OSHA citation. To resolve the violations, employers must certify or prove that the violation identified by the compliance officer has been successfully corrected. Employers must inform affected employees of the correction that has taken place, and must allow workers to examine and adapt the changes stated in the documents sent to OSHA. Lastly, employers should use tags for any movable equipment or machinery to alert employees of the hazard (if applicable).
Once submitted, OSHA will then indicate any penalties and will require abatement plans and progress reports to ensure effective correction of cited violation/s.
Employers are also prohibited to discriminate against workers who have filed complaints against employers. OSHA has a Whistleblower Protection Act designed to ensure that employees are not treated unfairly by employers they filed complaints against. Below are possible employer actions from which employees are protected under OSHA’s whistleblower protection act:
Firing or laying off
Demoting
Denying overtime or promotion
Disciplining
Denying benefits
Failing to hire or rehire
Intimidation or harassment
Making threats
Reassignment to a less desirable position or actions affecting prospects for promotion (such as excluding an employee from training meetings)
Reducing pay or hours
Subtle discriminatory actions, such as isolating, ostracizing, mocking, or falsely accusing the employee of poor performance
Blacklisting (intentionally interfering with an employee’s ability to obtain future employment)
Constructive discharge (quitting when an employer makes working conditions intentionally intolerable for the employee)
After a complaint against an employer has been made by an employee, OSHA conducts an interview with the employee or complainant to determine the gravity and need for a formal investigation. If the evidence proves the claims of the complainant, OSHA can compel the employer to rehire the employee and provide appropriate support.