Since its creation in 1971, the Occupational Safety and Health Administration (OSHA) has entered into more than fifty Memoranda of Understanding with other federal agencies. OSHA’s latest MOU with the National Labor Relations Board establishes a process for information sharing and referrals between the agencies which has implications for OSHA Section 11(c) compliance.

OSHA’s Whistleblower Protection Program enforces the anti-retaliation provisions of 24 federal laws in addition to those in Section 11(c) of the OSH Act. These provisions are designed to protect employees from retaliation for reporting concerns about hazards in the workplace or for reporting violations of workplace safety standards. Employees who believe that they have experienced retaliation in violation of one of these laws may file a complaint with OSHA within the time allowed.

The time allowed to file a complaint with OSHA varies depending on which law has been violated. For example, employees that have been retaliated against for reporting violations of the OSH Act, the Clean Air Act, and the Solid Waste Disposal Act have only 30 days in which to file a complaint; whereas employees that have been retaliated against for reporting a violation of the Seaman’s Protection Act or Pipeline Safety Improvement Act have 180 days to file a complaint with OSHA.

The purpose of OSHA’s latest MOU with the National Labor Relations Board (NLRB) is to standardize the time allowed to file complaints that qualify for anti-retaliation protection under Sections 7 and 8 of the National Labor Relations Act. The Act allows 180 days to file a complaint for retaliation with the NLRB, and the Memorandum of Understanding will enable OSHA to refer qualifying time-barred complaints to the NLRB for investigation and – if a complaint is justified – to initiate proceedings.

In return, when the NLRB receives information about safety or health issues in the workplace or violations of OSHA standards, it will pass the information onto OSHA or encourage the affected individuals or labor organizations to contact OSHA directly. Personnel in both agencies will be trained on the procedures for exchanging information and factors such as what constitutes a violation of the National Labor Relations Act or a violation of the OSHA’s standards or recordkeeping requirements.

The Implications for OSHA Section 11(c) Compliance

OSHA Section 11(c) compliance means complying with §1977.3 of the OSH Act. This standard prohibits employers from discriminating against or retaliating against any employee who files a complaint to OSHA or who testifies in a proceeding relating to the complaint. The standard also covers discrimination or retaliation against any employee who “caused to be instituted any proceeding under or related to the Act” (i.e., a union rep providing advice to a member).

OSHA is keen to promote the message that employees should not fear reporting workplace safety and health issues to the agency; and, when employers retaliate against employees that have filed complaints, OSHA tends to “vigorously pursue whistleblower enforcement action”. For example:

Wells Fargo Ordered to Pay More Than $22M for Retaliating against Former Executive

Delaware Salvage Yard Fined $81,255 and Ordered to Pay Whistleblower $40,000 in Damages

Dentist Ordered to Pay $20,000 Back Wages After Terminating Whistleblower

Employer Ordered to Pay $15,000 Damages for Retaliation Against COVID-19 Whistleblower

Health System to Pay More Than $250K to Settle Whistleblower Investigation

The implications of the MOU with the NLRB for OSHA Section 11(c) compliance are that, rather than having 30 days to file a complaint about discrimination or retaliation, employees will have six times longer to file a qualifying “domination or interference” complaint. Furthermore, OSHA violations that are identified by NLRB will be communicated to OSHA if – for example – a safety and health issue is found during the course of an investigation into a violation of the National Labor Relations Act.

Consequently, the likelihood of a non-compliant employer being investigated by OSHA is higher than ever. Employers who are unsure about the OSHA Section 11(c) compliance requirements should seek professional compliance advice. Employers who are unsure about any of the other OSHA compliance requirements can either download our OSHA compliance checklist or contact OSHA directly on 800-321-6742 (OSHA).

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OSHA was founded on April 28, 1971 –  four months after President Nixon had signed the Occupational Safety and Health Act (the OSH Act). The Act had the objective of ensuring safe and healthy conditions for working individuals by adopting, developing, and enforcing safety standards, and by assisting states with their own safety initiatives.

OSHA’s Foundation Years

Although OSHA opened its doors in April 1971, the foundation for its activities came from a much earlier time. Since 1922, the Bureau of Labor Standards had been the federal agency responsible for workplace safety and health; and, in addition to many industry-specific safety and health regulations already in existence, a number of states had adopted their own workplace safety standards.

OSHA had a strong foundation from which to develop and plenty of funding to support its development. By 1972, the Administration had approved State OSHA Plans in South Carolina, Oregon, and Montana, published its first original standard – lowering the permissible limit for worker exposure to asbestos – and established the OSHA Training Institute.

By the end of its first decade, OSHA had issued further standards covering worker exposure to lead, carcinogens, and cotton dust. To support the OSHA Training Institute, the Administration added safety and health training grants and an on-site consultation program, and whistle blower protections for employees had also been introduced.

The 1980s and 1990s

The 1980s started with a landmark decision by the Supreme Court that allowed workers to refuse to do tasks that were unsafe. OSHA subsequently issued the Hazard Communication Standard in 1983 which required employers in certain industries to inform workers what chemicals they may be exposed to in the workplace. The standard was expanded to apply to all industries in 1987.

Further new standards were introduced in subsequent years relating to safety testing for workplace equipment and worker protections against combustible grain dust, trenching, and noise. During this period of OSHA’s development, the Administration also refined existing standards to better protect workers employed in high-risk industries.

Important events also happened in respect of OSHA compliance. In 1990, the Omnibus Budget Reconciliation Act substantially increased the penalties for OSHA violations; yet, despite this, the Administration adopted an incentive-based approach to enforcement – rewarding employers who could demonstrate a good faith effort to comply with OSHA with reduced penalties.

OSHA in the 21^st Century

As the new millennium rolled in, OSHA adapted its standards to 21^st Century workplace challenges. Established programs like the OSHA Training Institute grew in scope and availability, while the Safety and Health Achievement Recognition Program was introduced to recognize employers that lost fewer days to injuries and illnesses than the national average for the industry.

Yet, the 2000s presented plenty of challenges. Congress repealed OSHA’s Ergonomics Rule in 2001 due to its perceived complexity and potential strain on businesses. That same year, OSHA led the safety response to the attack on the World Trade Center and , in 2005, OSHA was again responsible for protecting the safety and health of recovery workers following Hurricane Katrina.

Initiatives in the 2010s included standards for silica dust, cranes, confined spaces, and the classification and labeling of work-related chemicals. OSHA also launched a major fall prevention campaign in 2013 to tackle the number one cause of worker fatalities in the construction industry.

In 2020, the new decade began with a challenge unlike any other faced by the American workforce as the coronavirus pandemic impacted workplace safety and health in unprecedented ways. OSHA acted quickly to protect the nation’s workers through outreach and education efforts, ensuring compliance with agency standards, and collaborations with federal, state, and local authorities.

It has been estimated that more than 600,000 fatal injuries have been prevented since OSHA was founded; but, with 5,190 workers being killed on the job in 2021, and a further 120,000 workers dying from historic occupational injuries and illnesses, there is still much work for OSHA to do.

Related Content

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What is the Mission of OSHA?

What Does OSHA Do?

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OSHA certification is a recognition workers obtain for completing courses in OSHA’s Safety and Health Fundamentals Program. Some OSHA certification courses are designed to teach general workplace safety, while others may be geared towards specific hazards or specific roles. Examples include:

• Job Hazard Analysis
• Health Hazard Awareness
• Electrical Standards
• Industrial Hygiene
• Machinery and Machine Guarding Standards
• Permit-Required Confined Space Entry
• Bloodborne Pathogen Exposure Control
• Occupational Noise Exposure Hazards
• Training Guidelines for Safe Patient Handling
• Fall Hazard Awareness for the Construction Industry

How to Obtain OSHA Certification in the Fundamentals Program

OSHA’s Safety and Health Fundamentals Program awards certificates to participants who complete a minimum of seven courses. The courses vary in length from 4 hours up to 35 hours, and participants must complete at least 68 contact hours of training for a construction or general industry certificate, or 77 contact hours of training for a maritime certificate.

The courses are run at OSHA Training Institute (OTI) Education Centers located throughout the country – usually attached to a college or university – or remotely via Zoom or Canvas. Prospective candidates can find a searchable database of courses (by course, location, language, etc.) plus the cost of taking each course on the OSHA website.

OSHA Certificate Programs for Safety and Health Professionals

In addition to the Safety and Health Fundamentals Program, OSHA’s website contains details of certificate and degree programs for safety and health professionals. The objective of these programs is to provide students and existing safety managers with the skills and qualifications required to perform at various levels within the safety management field.

As with the Safety and Health Fundamentals Program, OSHA certification is dependent upon participants completing a minimum number of courses over a minimum number of hours. The number of courses and contract hours required for OSHA certification depends on the level of the course (Certificate, Associate, Bachelor, Master, etc.) and the qualification achieved at the end.

What is OSHA 10-Hour and 30-Hour Certification?

OSHA 10-hour and 30-hour certifications – also known as Outreach Certifications – are two types of training programs offered by OSHA-authorized training organizations. The 10-hour certification program is intended for “entry level workers” and covers the basics of OSHA compliance such as hazard recognition, workers’ rights, employers’ responsibilities, and how to file a complaint.

The 30-hour certification program is more advanced and intended for supervisors and managers with responsibility for safety and health in the workplace. The program covers more topics than the 10-hour program; and, although not standard-specific, is recommended for anybody that will ultimately be responsible for providing OSHA training to members of the workforce.

The Benefits of Obtaining an OSHA Certification

The benefits of obtaining an OSHA certification vary according to your location and the industry you work in. In some states, it is necessary for workers in the construction industry to hold an OSHA 10-hour certification before being allowed to work on certain types of projects. In some states, the 10-hour and 30-hour certification courses have to be retaken every five years.

For workers not required to obtain OSHA certification, the benefits include having a better understanding of workplace safety, helping colleagues recognize workplace hazards, and helping an employer improve or maintain safety standards. In some cases – particularly when a high-level qualification is achieved – OSHA certification can result in a better paid job.

Related Content

What does OSHA Do?

What does OSHA Regulate?

How Does OSHA Enforce its Standards?

How Can You File a Report with OSHA?

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You can report a company to OSHA by phone, mail, email, fax, visiting an OSHA office, or via an online report form. Some channels of communication are more appropriate than others for reporting urgent issues, and these are the things you should consider before you report a company to OSHA:

• Are you reporting a violation of an OSHA standard?
• Have you evidence to support your report?
• Do you have all the detail you need to report a company to OSHA?
• Which is the most appropriate reporting method?

Reporting a Violation of an OSHA Standard

When you report a company to OSHA for violating a safety and health standard, your report will be dealt with quicker if you are able to indicate which specific standard(s) your report relates to. OSHA’s website provides a full list of Occupational Safety and Health Standards and the option exists to search the Standards by keyword.

If you are uncertain about which standards apply to your report, the website can also be searched by most reported topics (i.e., heat, PPE, hazard communication, etc.) or by most reported industry sector (i.e., agriculture, construction, healthcare, etc.). Alternatively, you can phone your nearest OSHA office and ask if you have a justifiable complaint.

Evidence to Support the Report

If you are reporting a company to OSHA for a violation of a safety and health standard, it is important you have evidence to support your report. Physical evidence such as photos and videos are ideal, and OSHA will also accept eyewitness accounts as evidence provided the contact details of the eyewitness are provided so the report can be corroborated.

The exception to this guidance is if you are reporting a company to OSHA using the online Whistleblower Complaint Form. OSHA advises against including witness names and contact details on the form because it will be shared with your employer. Eyewitness accounts will be requested if needed as the investigation into your report progresses.

The Details You Need to Report a Company to OSHA

OSHA operates a priority system for inspecting workplaces; and, if your report is about (for example) a lack of PPE, it will be prioritized if the lack of PPE represents an imminent danger in the workplace. Therefore, the more details you are able to provide, the more information OSHA has to make an informed decision about prioritizing your report.

Additionally, it is important you have the details required for OSHA to conduct an inspection – especially in an imminent danger situation. These include the name and location of the business at which the hazard exists, the name of the individual(s) responsible for safety and health, and as many contact numbers as you think are necessary to contact the individual(s).

Which is the Most Appropriate Reporting Method?

The most appropriate reporting method to report a company to OSHA in an imminent danger situation is the 24-hour phone hotline – 1-800-321-6742 (OSHA). Other reports can be made via any other channel of communication, but it is important to be aware that the online report form has a limited number of characters in some fields – making it difficult to report complex situations.

Consequently, OSHA receives many reports relating to a failure of OSHA compliance via mail, email, and fax. To help workers better structure reports via these channels of communication, OSHA has published a “Notice of Alleged Safety or Health Hazards” (PDF) – which can either be printed off and sent to OSHA or used as a template to report a company to OSHA.

How to Report a Company to OSHA: Conclusion

In conclusion, every worker has the right to a safe and healthful workplace, and each of us has a role to play in upholding this right. Reporting a company to OSHA is a serious matter and not something to be taken lightly, but it is a critical step in protecting workers’ safety and health. In taking the initiative to report potential violations, you are contributing to the larger OSHA mission of ensuring every worker goes home safe and healthy at the end of the day.

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The U.S. Department of Labor (DOL) has published a Notice of Proposed Rulemaking (NPRM) that revises the current Occupational Safety and Health Administration (OSHA) regulations concerning representatives of employees that can accompany the OSHA Compliance Safety and Health Officer (CSHO) during workplace inspections.

The proposed rule makes it clear that the representatives authorized by employees may be employees of the employer or a third party. If a non-employee(s) is chosen, the OSHA compliance officer will determine whether the third party is reasonably necessary to conduct an effective and thorough inspection. The current regulations provide two examples of third-party representatives that could be present during inspections – industrial hygienists and safety engineers. The proposed update makes it clear that third-party representatives need not be limited to these individuals.

The proposed change would permit union representatives and interest groups to be present during walkarounds, provided the CSHO conducting the inspections deems their presence to be reasonably necessary. In 2013, OSHA issued a letter of interpretation of the OSH Act – 29 C.F.R. § 1903.8(c) – that stated that union representatives could serve as employee representatives, but the guidance was withdrawn following a legal challenge in 2016. A federal judge determined that the DOL had circumvented its notice and comment rulemaking process by releasing an interpretation of the OSH Act as guidance. If the proposed change is signed into law, employers will be permitted to restrict non-employee access to certain parts of their facilities, such as if areas contain trade secrets.

“Third-party representatives may be reasonably necessary because they have skills, knowledge or experience that may help inform the compliance officer’s inspection,” wrote the DOL in its NPRM. “This information may include experience with particular hazards, workplace conditions or language skills that can improve communications between OSHA representatives and workers.” The DOL said employee representation is essential during physical inspections as it helps to ensure that OSHA obtains the necessary information about worksite conditions and hazards.

The proposed change adds 11 words to the current regulation (29 C.F.R. § 1903.8(c)), indicated in bold text below.

“The representative(s) authorized by employees may be an employee of the employer or a third party. When the representative(s) authorized by employees is not an employee of the employer, they may accompany the Compliance Safety and Health Officer during the inspection if, in the judgment of the Compliance Safety and Health Officer, good cause has been shown why their participation is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace (e.g., because of their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language skills).”

The DOL will be accepting comments on the NPRM until October 30, 2023.

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The Occupational Safety and Health Administration (OSHA) is a federal agency within the U.S. Department of Labor that is responsible for the regulation and enforcement of workplace safety and health standards. Additionally, OSHA provides training and outreach to educate workers and employers on best safety and health practices. This article answers the questions what does OSHA do about:

• Developing Safety Standards
• Requiring Hazard Communications
• Recordkeeping and Reporting
• Training and Outreach
• Enforcing OSHA Standards
• Emergency Preparedness and Response
• Protecting Whistleblowers from Retaliation

What Does OSHA Do about Developing Safety Standards

When OSHA was first established in 1971, it was instructed to adopt standards for workplace safety and health within two years. Due to the tight timeframe, the agency started by adopting existing standards from sources such as the American National Standards Institute and the National Fire Protection Administration, and states that had existing safety and health programs.

Once a base of standards had been adopted, OSHA set about developing new standards – originally tackling well-known threats to workplace safety in populated industries such as construction (i.e., asbestos exposure), and then threats to workplace safety in less populated industries such as commercial diving and helicopter flying.

With regards to what does OSHA do about developing safety standards, the way the standards are developed and adopted is that the agency will publish a Notice of Provisional Rule Making (NPRM) and invite stakeholders to get in touch with their comments. An amended version of the NPRM is published as a Provisional Rule; and, subject to further feedback, the standard is published as a Final Rule.

The Requirements for Hazard Communication

OSHA’s Hazard Communication Standard is a regulatory requirement designed to ensure that information about the identities and hazards of chemicals in the workplace is accessible to workers. It is often referred to as the “right to know” law and was revised in 2012 to align with the Globally Harmonized System of Classification and Labelling of Chemicals.

According to OSHA’s requirements for hazard communication, employers must establish a written hazard communication program for the workplace. This program should include labels on containers of hazardous chemicals, safety data sheets (SDSs) provided by the chemical manufacturer, and training programs for employees who potentially face exposure to these chemicals.

Labels on hazardous chemicals are a key element of OSHA compliance. The labels must include signal words, pictograms, hazard statements, precautionary statements, and product identifiers. The purpose of the label is to communicate the primary hazards and precautionary measures quickly and effectively when handling substances recognized as a hazard to safety or health.

What are OSHA’s Recordkeeping and Reporting Requirements?

Under OSHA’s recordkeeping regulations, employers with workforces above a certain size (which varies according to industry) are required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. This includes any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job.

In addition to the 300 Log, employers are required to maintain a 301 Incident Report for each recordable injury or illness, providing more detail on the specific incident. An annual summary of the 300 Log (Form 300A) must be completed annually and submitted electronically to OSHA. A paper version of the report must also be posted in a prominent location in the workplace.

With regards to reporting serious workplace injuries, the requirements are that employers (of all sizes and regardless of industry) report workplace fatalities to OSHA within eight hours of knowledge of the event. An accident that results in an inpatient admission, amputation, or the loss of an eye must be reported to OSHA within 24 hours of the accident occurring.

What Does OSHA Do about Training and Outreach

OSHA plays a significant role in promoting workplace safety and health through its extensive training and outreach programs. The agency’s commitment to training is based on the principle that workers equipped with the knowledge about their rights – and the hazards they might face in the workplace – are more likely to contribute to a safer work environment.

The OSHA Training Institute (OTI) and its Education Centers offer advanced courses for safety and health officers and OSHA staff. These centers provide specialized training on a range of topics from construction safety to machine guarding and can help in creating a range of professionals skilled in OSHA standards and their implementation so that can they share their knowledge with others.

In addition to the training and outreach programs, OSHA has a range of other training initiatives. One particularly important initiative is the Susan Harwood Training Grant Program – named in honor of a former director of the Office of Risk Assessment – which provides funding for nonprofit organizations to deliver training on workplace safety and health to members of their workforces.

Enforcement, Emergency Preparedness, and Protection for Whistleblowers

OSHA most often learns about potential non-compliance with its safety and health standards via mandatory accident reports, complaints from workers, and referrals from state and federal agencies. The agency prioritizes enforcement inspections depending on the nature of the non-compliance; and, if a violation is identified, OSHA has the authority to issue citations and fines.

As well as working with individual businesses to promote workplace safety and health, OSHA has an active role in the National Contingency Plan to help prepare for and respond to emergencies such as wildfires, extreme weather events, and other natural disasters. OSHA’s role includes coordination, support, and technical assistance to accelerate regional and national responses.

OSHA’s protection for whistleblowers also extends beyond its perceived role as a safety and health regulator. OSHA’s Whistleblower Protection Program enforces whistleblower provisions in more than 20 statutes – protecting employees who report violations in industries as diverse as health insurance, motor vehicle production, food safety, and environmental protection.

What does OSHA Do? Conclusion

OSHA does a lot more than many individuals give the agency credit for. As well as fulfilling its responsibilities to promote workplace safety and health (and penalize violators), the agency helps communities better prepare for adverse natural and environmental events, helps coordinate response efforts when these events occur, and protects whistleblowers from retaliation.

For most private sector businesses, OSHA is best known for conducting unannounced safety and health inspections; and, if you have concerns that your business may have gaps on its compliance efforts, you should review our OSHA compliance checklist. If gaps are confirmed, you should seek advice on how to fill them from your nearest OSHA office or a compliance expert.

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OSHA is necessary because the adoption and enforcement of safety and health standards has significantly reduced fatalities, injuries, and illnesses in the workplace. Additionally, OSHA’s Outreach Training programs have increased awareness of workplace hazards, how to recognize them, and how to avoid them.

• OSHA, established by the OSH Act, came into being in 1971 to address increasing workplace injuries, illnesses, and fatalities.
• Since the Administration was formed, OSHA has reportedly reduced workplace injuries and illnesses by 40% and fatalities by 60%.
• OSHA’s primary goal is to reduce human and economic costs associated with preventable workplace accidents and illnesses.
• OSHA’s initial standards were adopted from existing safety guidelines from organizations such as the National Fire Protection Administration.
• Compliance with OSHA standards was initially voluntary but was later amended to penalize repeat offenders and companies knowingly placing workers at risk.
• OSHA provides training, education, and assistance to employers, promoting safety and health-related activities among workers.
• In healthcare, OSHA’s standards help protect workers from exposure to infectious diseases, injuries due to patient handling, and workplace violence.
• States are allowed to implement their own OSHA programs as long as the safety and health standards meet or exceed federal standards.
• OSHA standards apply to all private sector employers and federal government agencies, except those regulated by other federal agencies, such as the Department of Energy.
• OSHA can impose financial penalties for non-compliance with any standard, regardless of whether it leads to an injury, illness, or fatality, stressing the importance of adhering to OSHA compliance obligations.

A Brief Guide to OSHA

Established by the Occupational Safety and Health Act (OSH Act) signed by President Nixon in December 1970, OSHA’s main goal is to reduce human and economic costs resulting from preventable workplace accidents and illnesses. OSHA’s initial standards were adopted from pre-existing safety norms issued by organizations like the National Fire Protection Administration and were later designed to address the known cause of health issues – such as exposure to asbestos.

At the outset, compliance with OSHA standards was voluntary, with inspections limited to severe accidents and known significant hazards. However, the enforcement policy later evolved to target habitual offenders and businesses knowingly putting workers at risk. OSHA not only sets the standards but also provides training, outreach, education, and assistance to employers while encouraging workers to participate in safety and health-related activities.

The standards established by OSHA apply to all private sector employers and all federal government agencies, barring those where workplace safety falls under another federal agency’s jurisdiction like the Department of Energy. Employees of state and local government agencies may not fall under federal OSHA standards, but they may be protected by regional OSHA programs in states with an approved OSHA program that meets or exceeds federal standards for safety and health.

Why is OSHA Necessary for the Healthcare Sector

In the healthcare sector, OSHA’s standards cover most injury and illness scenarios – from safe walking surfaces to exposure to radiation. Many OSHA safety and health standards align with those published by state and federal regulators (i.e., the Department of Health and Human Services), making it easier for healthcare providers to simultaneously comply with OSHA and CMS requirements in relation to subjects such as emergency preparedness planning and protecting staff against workplace violence.

However, there are also some areas of OSHA that can make OSHA compliance complicated for healthcare organizations. For example, OSHA only applies to employees, whereas many healthcare safety and health policies are applicable to all members of the workforce (including volunteers). Indeed, healthcare organizations aiming for Joint Commission accreditation not only have to develop health and safety policies for all members of the workforce but also for patients and visitors as well.

Therefore, while it is not impossible for healthcare providers to balance multiple compliance requirements, it can be a challenge. Healthcare providers finding the challenge difficult to overcome should seek professional advice from a compliance expert with knowledge of OSHA, the CMS requirements for Medicare providers, the Joint Commission accreditation requirements, and state laws – where applicable – that preempt federal legislation.

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OSHA is necessary because the adoption and enforcement of safety and health standards has significantly reduced fatalities, injuries, and illnesses in the workplace. Additionally, OSHA’s Outreach Training programs have increased awareness of workplace hazards, how to recognize them, and how to avoid them.

• OSHA, established by the OSH Act, came into being in 1971 to address increasing workplace injuries, illnesses, and fatalities.
• Since the Administration was formed, OSHA has reportedly reduced workplace injuries and illnesses by 40% and fatalities by 60%.
• OSHA’s primary goal is to reduce human and economic costs associated with preventable workplace accidents and illnesses.
• OSHA’s initial standards were adopted from existing safety guidelines from organizations such as the National Fire Protection Administration.
• Compliance with OSHA standards was initially voluntary but was later amended to penalize repeat offenders and companies knowingly placing workers at risk.
• OSHA provides training, education, and assistance to employers, promoting safety and health-related activities among workers.
• In healthcare, OSHA’s standards help protect workers from exposure to infectious diseases, injuries due to patient handling, and workplace violence.
• States are allowed to implement their own OSHA programs as long as the safety and health standards meet or exceed federal standards.
• OSHA standards apply to all private sector employers and federal government agencies, except those regulated by other federal agencies, such as the Department of Energy.
• OSHA can impose financial penalties for non-compliance with any standard, regardless of whether it leads to an injury, illness, or fatality, stressing the importance of adhering to OSHA compliance obligations.

A Brief Guide to OSHA

Established by the Occupational Safety and Health Act (OSH Act) signed by President Nixon in December 1970, OSHA’s main goal is to reduce human and economic costs resulting from preventable workplace accidents and illnesses. OSHA’s initial standards were adopted from pre-existing safety norms issued by organizations like the National Fire Protection Administration and were later designed to address the known cause of health issues – such as exposure to asbestos.

At the outset, compliance with OSHA standards was voluntary, with inspections limited to severe accidents and known significant hazards. However, the enforcement policy later evolved to target habitual offenders and businesses knowingly putting workers at risk. OSHA not only sets the standards but also provides training, outreach, education, and assistance to employers while encouraging workers to participate in safety and health-related activities.

The standards established by OSHA apply to all private sector employers and all federal government agencies, barring those where workplace safety falls under another federal agency’s jurisdiction like the Department of Energy. Employees of state and local government agencies may not fall under federal OSHA standards, but they may be protected by regional OSHA programs in states with an approved OSHA program that meets or exceeds federal standards for safety and health.

Why is OSHA Necessary for the Healthcare Sector

In the healthcare sector, OSHA’s standards cover most injury and illness scenarios – from safe walking surfaces to exposure to radiation. Many OSHA safety and health standards align with those published by state and federal regulators (i.e., the Department of Health and Human Services), making it easier for healthcare providers to simultaneously comply with OSHA and CMS requirements in relation to subjects such as emergency preparedness planning and protecting staff against workplace violence.

However, there are also some areas of OSHA that can make OSHA compliance complicated for healthcare organizations. For example, OSHA only applies to employees, whereas many healthcare safety and health policies are applicable to all members of the workforce (including volunteers). Indeed, healthcare organizations aiming for Joint Commission accreditation not only have to develop health and safety policies for all members of the workforce but also for patients and visitors as well.

Therefore, while it is not impossible for healthcare providers to balance multiple compliance requirements, it can be a challenge. Healthcare providers finding the challenge difficult to overcome should seek professional advice from a compliance expert with knowledge of OSHA, the CMS requirements for Medicare providers, the Joint Commission accreditation requirements, and state laws – where applicable – that preempt federal legislation.

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The OSHA annual summary should be posted in a conspicuous place (or places) where notices to employees are customarily posted no later than February 1 of the year following the year covered by the summary. This article explains what the OSHA annual summary is, who is required to post a summary, and what the summary should include.

• What is the OSHA Annual Summary?
• Who is Required to Post a Summary?
• What Should the Summary Include?
• Who Certifies the Summary is Accurate?
• How Long Must a Summary Remain Posted?
• Conclusion: Be Aware of the Posting Requirements

What is the OSHA Annual Summary?

The OSHA annual summary is a form (Form 300A or equivalent) that summarizes the recordable work-related injuries and illnesses that occurred during the previous calendar year. The summary has to be completed by all employers unless exempted due to the size of the business or the nature of activities. Note: Exemption from the posting requirements does not exempt an employer from reporting a workplace incident that results in a fatality or severe injury.

“Covered employers” – i.e., those required to post an OSHA annual summary – must not only post the form in a conspicuous place in the workplace but must also submit the data on the form to OSHA. Data can be submitted using an online web form, uploading a CSV file, or via an API. Details about how to submit annual summary data to OSHA can be found on the Injury Reporting and Injury Tracking Application web page.

Who is Required to Post a Summary?

Who is required to post a summary is currently being reconsidered by OSHA and may be revised by the end of 2023. However, at present, all businesses with more than ten employees that do not appear on the list of exempted businesses (florists, most schools, religious organizations, etc.) are required to submit Form 300A electronically and post an OSHA annual summary in the workplace.

The proposed rule changes are intended to allow OSHA to make better use of its resources. If finalized, all businesses with 19 or fewer employees will be exempted from the reporting requirements, as will businesses with between 20 and 249 employees if they do not appear on OSHA’s list of high-risk industries. Businesses with 250 or more employees will still be required to post OSHA annual summaries unless they appear on the exempted business list.

What Should the Summary Include?

The summary should include the total for each type of recordable work-related injury and illness taken from the OSHA Form 300 log. The totals must indicate:

• Total number of work-related fatalities.
• Cases that resulted in days away from work.
• Cases that resulted in job transfer or restriction.
• Number of other recordable cases.
• Total days away from work due to a work-related injury or illness.
• Total days in which a job transfer or restriction occurred.
• Total number of injuries in the year
• Total number of skin disorders.
• Total number of respiratory conditions.
• Total number of poisonings.
• Total number of hearing loss cases.
• Total number of all other recordable illnesses.

An injury or illness has to meet certain criteria before it is recordable. With regards to being work-related, the injury or illness must have occurred in a work environment (see table in 1904.5 for list of events not considered to be work-related), while the injury or illness must have resulted in death or at least one of – days away from work, restricted work, medical treatment beyond first aid, loss of consciousness, and/or a diagnosis by a licensed health care professional.

Who Certifies the Summary is Accurate?

Any authorized person can complete the OSHA annual summary; however, it must be certified as accurate by a company executive. According to OSHA §1904.32, a company executive is either the owner of the company (if a sole proprietor or partnership), an office of the corporation, the highest ranking company official working at the same workplace, or their immediate supervisor.

Once certified, Form 300A and all supporting Form 300 logs must be retained for a minimum of five years and must be made accessible to employees, former employees, and employees’ representatives on request. Note: It is not permitted to remove employee names or injury/illness details (for privacy reasons) from the Form 300 logs once Form 300A has been certified.

How Long Must a Summary Remain Posted?

The summary must remain posted from February 1 (at the latest) to April 30 (at the earliest). During that time, employers should inform members of the workforce that the summary has been posted, and ensure the summary is not altered, defaced, or covered by other notices. If the summary is altered or defaced in any way, it must be replaced with a copy of the form as soon as possible.

The failure to post or maintain an accurate annual summary is a violation of OSHA that could be reported and result in a citation or fine. It is important to be aware that the failure to post and maintain an OSHA annual summary would be classified as a de minimis violation (rather than a posting requirement violation), which would attract a higher fine if the violation is repeated.

Conclusion: Be Aware of the Posting Requirements

Preparing, submitting, and posting the OSHA annual summary is not complicated provided you are aware of whether you are required to comply with the posting requirements and what qualifies as a recordable work-related injury or illness. If you are in any doubt about the recordkeeping requirements and how they might impact your OSHA compliance efforts, you should seek advice from a compliance professional.

Footnote: In the year ended September 2022, 25 citations were issued against healthcare providers for not posting an OSHA annual summary. One provider was fined $18,325 for a repeated offense including a failure to abate penalty.

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