OSHA compliance guide: Protecting employees and employers

The Occupational Safety and Health Administration (OSHA) is a federal agency dedicated to safeguarding workplace safety and health across the United States. OSHA plays a pivotal role in setting and enforcing safety standards for private sector businesses and nonprofit organizations. Its key responsibilities include developing regulations, conducting workplace inspections, issuing citations and fines for noncompliance, and offering training and consultation services to employers.

Since its establishment in 1971, OSHA has made a profound impact on workplace safety. Workplace fatalities have declined by more than 60%, even as the U.S. workforce has more than doubled in size, highlighting the agency’s critical role in protecting workers and fostering safer working environments.

OSHA’s scope of authority

OSHA regulations apply to “employers,” defined as any individual, corporation, association, or partnership engaged in commerce that employs workers. Employers are required to comply with specific OSHA regulations and the “General Duty Clause,” which mandates that workplaces be free from recognized hazards that could cause death or serious physical harm.

Approximately half of U.S. states operate their own OSHA-approved safety and health programs. These state programs oversee workplace safety in both private businesses and public sector organizations, including state and local governments. While some states adopt federal OSHA standards, others implement stricter regulations and impose more severe penalties.

Why compliance matters: Protecting employees and your business

Ensuring workplace safety is not just a moral obligation—it’s a sound business decision. Noncompliance with OSHA regulations can lead to severe financial and legal repercussions. Civil penalties for willful or repeated violations can exceed $155,000 per violation, while serious violations can result in fines over $15,500. Criminal penalties, including imprisonment, can also apply for certain violations, such as willfully causing a worker’s death or providing false information to OSHA.

In addition to penalties, workplace injuries and safety violations can result in significant indirect costs, including workers’ compensation claims, medical expenses, legal fees, and lost productivity. Employers who prioritize safety not only reduce these risks but also enhance employee morale and foster a culture of trust and accountability.

OSHA’s inspection priorities

OSHA’s inspection strategy focuses on addressing the most hazardous workplaces and conditions. The agency prioritizes:

• Imminent danger situations: Hazards that pose an immediate threat of death or serious harm.
• Severe injuries and illnesses: Incidents such as amputations, hospitalizations, or loss of an eye.
• Worker complaints: Reports of unsafe conditions filed by employees.
• Referrals: Information from other agencies or organizations highlighting workplace hazards.
• Targeted inspections: Workplaces in high-hazard industries or those with high rates of injuries and illnesses.
• Follow-up inspections: Verification that previously identified hazards have been corrected.

Penalties for noncompliance

Civil penalties

Fines for OSHA violations are determined by the severity of the offense:

• Serious violations: Penalties can exceed $15,500.
• Willful or repeated violations: Fines can exceed $155,000 per violation.

Penalty assessments are guided by OSHA’s regulations (29 CFR 1903.15) and consider:

• The gravity of the violation
• The size of the business
• The employer’s good faith efforts to comply
• The employer’s history of prior violations

Criminal penalties

Certain actions may result in criminal penalties, including:

• Willful violations causing death: Severe cases where negligence results in a worker’s death.
• Unauthorized advance notice of inspections: Alerting others to OSHA inspections without authorization.
• Providing false information: Intentionally misleading OSHA inspectors.
• Interfering with OSHA inspectors: Obstructing, assaulting, or harming OSHA representatives during inspections.

Proactive compliance: Key takeaways for employers

Employers should adopt proactive measures to meet OSHA standards and foster a culture of safety. Best practices include:

• Regularly update workplace safety policies to reflect current OSHA requirements and state-specific rules.
• Provide continuous training to employees and supervisors on identifying and mitigating workplace hazards.
• Conduct routine inspections to identify and correct potential safety issues.
• Take advantage of OSHA’s free, confidential, on-site consultation program, especially small and medium-sized businesses. This service helps employers identify workplace hazards, improve safety measures, and strengthen compliance without the risk of citations or penalties.
• Maintain thorough documentation of safety measures, incident responses, corrective actions and good faith efforts to demonstrate compliance efforts. If an OSHA inspector visits, having detailed records of safety training, hazard assessments, and corrective actions demonstrates your commitment to compliance, which may mitigate penalties in case of a violation.

By prioritizing workplace safety, employers can safeguard their workforce, minimize liabilities, and bolster operational resilience. Compliance with OSHA standards is not merely a legal requirement—it’s an investment in your organization’s productivity and success.