By David Hartson

I recently attended a seminar in Las Vegas to learn more about OSHA, or Occupational Safety and Health Administration. OSHA, in case you didn’t know, is an agency of the United States Department of Labor, and its mission is to prevent work-related injuries, illnesses, and occupational fatality by issuing and enforcing standards for workplace safety and health.

OSHA also protects the employee in the event that a claim is filed for a workplace hazard and has a comprehensive whistleblower protection program to ensure that the worker is not forcibly harassed and/or intimidated for calling OSHA. The agency even covers safety violations such as distracted driving, and if a company is caught requiring an employee to text while driving, it can face serious fines—even more so if it leads to a death. Some states, like California, have their own state offices that enforce additional standards on top of the federal government requirements.

One of the most important things I learned in this seminar is that the burden of being in compliance is on the business owner. If you think having workers’ comp is enough for compliance, think again. In fact, a workers’ comp claim could create an OSHA audit that could be your biggest nightmare if all your paperwork isn’t in order. As there is much to discuss, this is the first of several articles where I will highlight some of the areas where businesses should be aware. We’ll get the hard stuff out of the way first. All of the information is available on the OSHA website at www.osha.gov. Visit it frequently. OSHA also has regional offices grouped by state to assist you in any way. The list of offices can also be found on the website.

Another thing to keep in mind is that every company is different and will require more or less paperwork depending upon the specific circumstances. For example, a limousine service that has on-site mechanic bays or a carwash may require additional items to be in compliance. When in doubt, call and verify.

Recordkeeping — OSHA is all about recordkeeping, including documented employee safety education and inspections of items in your employee’s workplace. An anonymous tip can lead to an inspection at any time, so it’s best to keep up to date. It’s no accident that I am covering this point first because it is the one most important way that you can avoid fines.

According to the agency, recordkeeping is important for the following reasons:

- Keeping track of work-related injuries and illnesses can help you prevent them in the future.
- Using injury and illness data helps identify problem areas and correct hazardous workplace conditions.
- You can better administer company safety and health programs with accurate records.
- OSHA asks about 80,000 establishments each year to report data, which is used as part of its site-specific inspection targeting program. The Bureau of Labor Statistics (BLS) also uses injury and illness records as the source data for the Annual Survey of Occupational Injuries and Illnesses that shows safety and health trends nationwide and industrywide.

In addition, all employers covered by the Occupational Safety and Health Act of 1970 (P.L. 91-596) must report to OSHA any workplace incident resulting in a fatality or the in-patient hospitalization of three or more employees within eight hours. If you had 10 or fewer employees during all of the last calendar year or your business is classified as low-hazard, you do not have to keep injury and illness records unless the Bureau of Labor Statistics or OSHA informs you in writing that you must do so. A partial exemption might apply to limousine services (the exemption is listed as 899 Services, Not Elsewhere Classified), but you must call to determine if your business qualifies. Do not assume that you are exempt!

Required Office Posting — OSHA mandates that its poster, titled “OSHA Job Safety and Health: It’s the Law” be displayed prominently—which is defined as an area where all employees regularly congregate such as in a break room or next to the time clock—and within certain size guidelines. There are several languages, including English, Spanish, and Polish available on the website. OSHA highly recommends posting additional notifications in the primary language of the employees, although English is only required. OSHA requires that this notification be at least 8.5" x 14" with 10 point type. The failure to post can result in a $7,000 fine. The poster can be found at www.osha.gov/Publications/poster.html.

Emergency Action Plans — At the core of every safe office is an emergency action plan (also called EAP) that employees can easily follow should the need arise. An emergency can be defined as anything that poses a threat to the health of an employee, such as a natural disaster, fire, flood, or chemical spill, which can shut down part or all of an office. A good rule of thumb: If a company is required to have fire extinguishers in place, then an EAP is also likely required. Where applicable, OSHA requires a company with 10 or more employees to have a written EAP, while companies with fewer employees may detail the plan orally and review it periodically (although it’s always a good idea to have this information documented just in case). Below are some key elements to developing and executing an EAP.

- The EAP should address emergencies that the employer may reasonably expect in the workplace, such as a fire, toxic chemical releases, hurricanes, tornadoes, blizzards, floods, to name a few. The employer should list in detail the procedures to be taken by those employees who have been selected to remain behind until their evacuation becomes absolutely necessary.

- The use of floor plans or workplace maps that clearly show the emergency escape routes should be included. Color coding will aid employees in determining their route assignments. The employer should also develop and explain in detail what rescue and medical first aid duties are to be performed and by whom.

- Employees should know what type of evacuation is necessary and what their role is in carrying out the plan. Common sense should apply here: If the situation is grave, like in a fire or flood, total evacuation is likely necessary. In some cases, only those employees in the immediate area may be expected to evacuate or move to a safe area, which may include parking lots, open fields, or streets that provide sufficient space to accommodate the employees and distance from the emergency. An example of a partial evacuation could include a small chemical spill in a maintenance bay.

- Employers should appoint (or accept volunteers for) evacuation wardens so that employees can be directed to the safe area. A good guideline is one warden for each 20 employees. Wardens should be trained in the complete workplace layout and the various alternative escape routes; it is especially important that they are aware of handicapped employees who may need extra assistance. Before leaving, wardens should check rooms and other enclosed spaces in the workplace for employees who may be trapped or otherwise unable to evacuate the area, and should be able to account for or otherwise verify that all employees are in the safe areas.

- If you have a roll-up door in your garage area, this is not considered an exit by OSHA. What will be required is a man door with a posted “exit” sign well marked on the door. If by some reason OSHA ends up in your business for an inspection, they will be looking for this on your EAP. Read through the information on the website to make sure you get it right! There is so much to learn about OSHA, which may be in addition to other regulatory agencies that we all need to deal with. In the next article, the office environment and the common mistakes that businesses make with workplace safety will be addressed. You might be surprised what could be considered a hazard for the workplace. LD01/12