An employee who was fired after raising COVID-19 safety concerns will receive $15,000 in damages after the Occupational Safety and Health Administration (OSHA) found the employer violated the whistleblower protections of the Occupational Safety and Health (OSH) Act.

In December 2020 during the COVID-19 pandemic, an employee of a luxury car dealership in Austin, Texas, discovered another employee had tested positive for COVID-19. The management was notified, and the employee requested that the management notify other employees at the dealership immediately to alert them to the potential exposure to COVID-19. Management took no action, so the employee sent an email to all company employees to alert them about the potential hazard and was fired within an hour.

OSHA launched an investigation into potential violations of the OSH Act by the dealership, specifically, whether the whistleblower protections under section 11(c) of the OSH Act were violated. These protections prohibit employers from retaliating against workers who blow the whistle by exposing health and safety hazards in the workplace. OSHA determined that the employee had exercised their legal rights under the OSH Act and the termination was illegal.

In October 2021, the U.S. Department of Labor filed a lawsuit in the U.S. District Court for the Western District of Texas, Austin Division, against the auto dealership, Hi Tech Imports. The lawsuit sought reinstatement, lost wages and benefits resulting from the termination, reimbursement for costs and expenses, compensatory damages, and exemplary or punitive damages. On March 20, 2023, the Department of Labor obtained a consent judgment that requires Hi Tech Imports LLC – dba Porsche Austin – to pay the employee $15,000 in compensatory damages and the court forbade the dealership from discriminating against employees in the future for voicing concerns about safety and health in the workplace.

“When employers retaliate against their workers for voicing safety and health concerns, the U.S. Department of Labor will work vigorously to protect workers’ rights,” said Regional Solicitor of Labor John Rainwater in Dallas. “The department is dedicated to ensuring safe and healthful working conditions as required by federal law. No employee should fear their employer for reporting legitimate safety concerns.”

On July 26, 2022, OSHA and the National Labor Relations Board resolved a related case through an agreement with Hi Tech Motorcars LLC, Hi Tech Imports LLC, Hi Tech Luxury Imports LLC, Hi Tech Partners LLC to pay $116,231 in back wages and reinstate the employee to their previous position.

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In late January, the U.S. Occupational Safety and Health Administration (OSHA) at the U.S. Department of Labor published new enforcement guidance which will see the agency adopt a much more aggressive stance on serious violations of the Occupational Safety and Health Act (OSH Act) in an effort to improve OSH Act compliance.

OSHA will be stepping up its enforcement activities and will be issuing more civil monetary penalties to employers that fail to ensure a safe working environment for their employees. According to OSHA, the change was made to make its penalties more effective at “stopping employers from repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements.”

The guidance for its Regional and Area Offices covers instance-by-instance (IBI) citations for high-gravity serious violations of OSHA standards related to falls, trenching, machine guarding, respiratory protection, permit-required confined spaces, and lockout tagout, as well as other-than-serious violations of OSHA standards related to recordkeeping. The new guidance specifically applies to general industry, agriculture, maritime, and construction industries.

The current OSHA policy has been in place since 1990 and applies to willful citations; however, OSHA believes the application of IBI citations needs to be more expansive in order to incentivize employers to prioritize safety over profit and take action to prevent workplace injuries and fatalities.  The more aggressive approach to enforcement will see employers held to greater accountability for health and safety failures in the workplace and will help to improve working conditions for America’s workforce.

The new enforcement guidance takes effect 60 days from the date of issuance, which gives employers until March 27, 2023, to ensure they are fully compliant with their obligations under the OSH Act. From that date, OSHA Regional and Area Offices will be able to apply the full authority of the OSH Act. The decision to use IBI citations will usually be based on one or more of the following factors:

• The employer has received a willful, repeat, or failure to abate the violation within the past five years where that classification is current.
• The employer has failed to report a fatality, inpatient hospitalization, amputation, or loss of an eye pursuant to the requirements of 29 CFR 1904.39.
• The proposed citations are related to a fatality/catastrophe.
• The proposed recordkeeping citations are related to injury or illness(es) resulting from a serious hazard.

IBI citations can be applied when relevant standards permit, including per machine, location, entry, or employee, and separate penalties will be issued for each violation. Inspectors are encouraged not to group citations, as OSHA believes issuing separate citations will be more effective at encouraging employers to comply with each provision of the OSH Act. Inspectors are, however, permitted to use their discretion and may apply IBI citations to some, but not all, violations identified in the same inspection; however, each violation must be thoroughly documented.

The new approach to enforcement will see employers that repeatedly violate health and safety regulations subjected to more extensive and aggressive inspections, and they will face more substantial financial penalties. The penalties for OSH Act violations were increased by 7.7% on January 17, 2023, per the Inflation Adjustment Act.

The maximum financial penalties for OSH Act violations in 2023 are:

• Willful and Repeated Violations: $156,259 per violation
• Serious or Other-Than-Serious Violations: $15,625 per violation

The post OSHA Adopts More Aggressive Stance on OSH Act Noncompliance appeared first on HIPAA Journal.

An OSHA compliance checklist is a useful tool for assessing compliance with the standards developed by the Occupational Safety and Health Administration to ensure a healthy and safe workplace for employees. Please note that this OSHA compliance checklist has been compiled based on federal OSHA standards. Employers operating in state with state-approved OSHA plans may find the local requirements more stringent.

This article includes a summary of the Occupational Safety and Health Act of 1970 and an OSHA compliance checklist that can be used by employers when conducting self-assessments of safety and health policies, administration and reporting procedures, and compliance with workers´ rights.

Due to the wide-ranging scope of the Occupational Safety and Health Act, this article focuses on the standards of the Act applicable to general industry with an emphasis on the healthcare industry. For this reason, our OSHA compliance checklist omits some standards that may not relate directly to medical facilities and dental surgeries.

What is the Occupational Safety and Health Act?

The Occupational Safety and Health Act, commonly known as the OSH Act or OSHA (29 U.S.C. §§ 651 to 678) was signed into law on December 29, 1970, by President Nixon with the aim of improving workplace safety and health in the private sector and in federal government.

The OSH Act requires employers to provide a working environment free from recognized hazards – or – if the hazards cannot be eliminated, measures must be implemented to mitigate the risk of death, injury, or illness. The Act also increases workers´ rights and empowers the Occupational Safety and Health Administration to take enforcement action against non-compliant employers.

Who OSHA Does Not Cover

The Occupational Safety and Health Act protects the safety and health of all workers in the U.S. except self-employed workers, family members of farm employees, and employees of businesses and organizations regulated by another federal agency – for example, the Mine Safety and Health Administration, the Department of Energy, or the Coast Guard.

The exemption for self-employed workers includes sole-proprietors and independent contractors and subcontractors – unless they operate a business in which at least one other person is employed. Also exempted from OSHA are interns and volunteers working in a sole-proprietor business – unless they receive payment (including indirect payment) for their services.

Businesses in some industries – and those with fewer than ten employees – are partially exempt from OSHA compliance inasmuch as they are not required to maintain OSHA injury and illnesses records (except those relating to a fatality, in-patient hospitalization, amputation, or loss of an eye). The list of industries in which partial exemption applies can be found here.

Where the Occupational Safety and Health Act Applies

Although a federal law, the OSH Act can be pre-empted by another federal law or by state laws that are equally or more effective at protecting employees against work-related deaths, injuries, and illnesses. There are currently twenty-two locations in which “State Plans” pre-empt the OSH Act, plus a further six locations in which State Plans cover public employees only. In these six locations, the federal OSH Act applies to all private businesses not regulated by another federal agency. Businesses covered by State Plans will need to compile a state-specific OSHA compliance checklist.

How OSHA Applies	States
State Plan Covering Private, State, Local Government	Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Nevada, Maryland, Michigan, Minnesota, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming,
State Plan Covering State/Local Government Only	Connecticut, Illinois, Maine, New Jersey, New York, and the U.S. Virgin Islands
Federal OSHA States	Alabama, American Samoa, Arkansas, Colorado, Delaware, District of Columbia, Florida, Georgia, Guam, Idaho, Kansas, Louisiana, Massachusetts, Mississippi, Montana, Nebraska, New Hampshire, Northern Mariana Islands, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, West Virginia, and Wisconsin

Requirements of the Occupational Safety and Health Act

Since the passage of the OSH Act, the Occupational Safety and Health Administration has developed thousands of standards that cover – and apply to – most types of working environment. Due to there being unique risks and hazards in the agriculture, construction, and maritime industries, businesses in these industries have separate sets of standards. All other businesses covered by the OSH Act are required to comply with the standards for general industry where applicable.

For businesses in the general industry category, although there is no “one-size-fits-all” OSHA compliance checklist, the standards developed as a consequence of the OSHA Act require employers to:

• Identify safety and health hazards and reduce risk to a low and acceptable level
• Inform employees about safety and health risks in the workplace
• Notify employees of OSHA citations, injury, and illness data
• Provide training to employees to allow them to work safely and avoid hazards
• Provide personal protective equipment to workers (when necessary) at no cost
• Maintain records of accidents and work-related injuries, illnesses, and deaths
• Notify OSHA of any workplace fatality, hospitalization, or serious workplace injury
• Ensure employees do not face retaliation or discrimination for exercising their rights under the OSH Act.

In addition to complying with the specific standards of the OSH Act, employers are required to comply with a General Duty clause. This clause exists as a “catchall” for risks not mentioned in other standards that present a risk to employees´ safety and health. Examples of risks that would be covered by the OSHA General Duty clause include working environments that could aggravate an existing health condition and workplace violence.

Specific Standards for Healthcare Organizations to be Aware Of

While many general industry standards are by their nature “general” (for example, providing handrails for stairways and hand washing facilities in bathrooms), there are also standards that organizations in the healthcare industry need to be particularly aware of as these may have to be complied with alongside other industry regulations such as the physical safeguards of the HIPAA Security Rule and CMS´ Emergency Preparedness Rule. These include:

• The Hazard Communication Standard – Inform employees about hazardous substances, how to protect against exposure, and what to do if exposed.
• The Bloodborne Pathogens Standard (as amended by the Needlestick Safety and Prevention Act) – Minimize the risk of exposure to bloodborne pathogens and maintain a Sharps Injury Log.
• The Personal Protective Equipment Standard – Ensure appropriate personal protective equipment is available to employees to protect against workplace hazards.
• The Fire Prevention Plan Standard – Implement a fire safety plan and fire response procedures which also comply with HIPAA and CMS´ Emergency Preparedness requirements.
• The Ionization Radiation Standard – Ensure restricted-area exposure remains within OSHA-defined limits and reduce risks in all non-restricted areas.

Throughout the COVID-19 pandemic, the SARS-CoV-2 virus has been the biggest safety and health threat to employees in the healthcare industry. In November 2021, the Occupational Safety and Health Administration published an emergency temporary standard with prevention and control of exposure to the virus prioritized. An enforcement initiative was launched that targeted employers who have not made a good faith effort to protect employees from exposure to the SARS-CoV-2 virus in the workplace.

Although the courts issued staying orders on enforcement action – and the Occupational Safety and Health Administration subsequently withdrew the emergency temporary standard – the standard remains in place as a proposal for a permanent standard. It is worth noting that some State Plans that adopted measures to prevent and control exposure to the SARS-CoV-2 have not withdrawn their emergency temporary standards; and, in these states, some measures still remain in force.

Workers´ Rights Under the OSH Act

The OSH Act gives workers certain rights in addition to the right to a safe and healthy working environment, and employers must allow workers to exercise their rights without retaliation or discrimination. Possibly the most important right under the OSH Act is the Right to Information which is usually interpreted as the right to know what hazards are present in the workplace and how workers should protect themselves. In more detail, workers´ rights include:

• The right to receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to the workplace. The training must be done in a language and vocabulary workers can understand.
• The right to review records of work-related injuries and illnesses that occur in the workplace, receive copies of the results from tests and monitoring done to find and measure hazards in the workplace, and get copies of workplace medical records.
• File a confidential complaint with OSHA to have their workplace inspected, participate in an OSHA inspection, speak in private with the inspector, and file a complaint with OSHA if they have been retaliated against as the result of requesting an inspection

It is also important for organizations in the healthcare industry to inform members of the workforce of their rights in relation to HIPAA or other federal and state laws that provide stronger privacy protections or more rights than the OSH Act. This includes “whistle blower” complaints to HHS´ Office for Civil Rights, OSHA, or any other state or federal agency.

Enforcement of OSHA Compliance

The OSH Act is regulated by Occupational Safety and Health Administration which is a division of the United States Department of Labor (DOL). The Administration has the authority to impose financial penalties for non-compliance with any OSH Act standards and has the jurisdiction to fine any organization for breaches of whistle blower provisions in a further twenty federal statutes.

Minimum and maximum penalties are applied according to the gravity of each violation across five penalty tiers. The minimum and maximum OSHA civil penalties are increased annually in line with inflation. The table below has been updated to reflect increases in penalties announced in January 2024.

Type of Violation	Penalty Minimum	Penalty Maximum
Serious	$1,190 per violation	$16,131 per violation
Other-Than-Serious	$0 per violation	$16,131 per violation
Willful or Repeated	$11,524* per violation	$161,323 per violation
Posting Requirements	$0 per violation	$16,131 per violation
Failure to Abate	N/A	$16,131 per day unabated beyond the abatement date, generally limited to 30 days maximum.

* For a repeated other-than-serious violation that otherwise would have no initial penalty, a penalty of $460 will be imposed for the first repeated violation, $1,152 for the second repeated violation, and $2,304 for a third repetition.

While OSHA can impose fines and penalties for noncompliance, U.S. states and territories where State Plans are in place can set their own penalty structures and minimum and maximum penalty levels. Those penalties must be at least as effective as those of the federal OSHA. For businesses in states and territories in which a State Plan exists, it will be necessary to create a state-specific OSHA compliance checklist.

OSHA Compliance Checklist

The OSHA compliance checklist below contains a summary of the requirements for employers in the general industry category, with additional information for employers in the healthcare industry. If you require further information about any of the standards mentioned below, the Administration provides an online “Quick Start Assistant” with links to the relevant standards.

All employers should create an OSHA compliance checklist and an OSHA inspection checklist for self-assessing compliance with the OSH Act. The checklists should include a brief description of each standard, who is responsible for implementing and monitoring compliance with the standard, and the training, recordkeeping, and/or reporting requirements for each standard.

1.     The General Working Environment

The general working environment must be clean and sanitary, toilets and washing facilities must be provided and kept in a sanitary state, hazardous materials must be cleaned up immediately, and all waste must be removed promptly and in accordance with federal, state, and local laws. The floor of each workroom must also be maintained in a clean and, to the extent feasible, in a dry condition.

Adequate illumination should be provided in working areas, employees should be protected from excessive noise, there should be adequate ventilation, protection from heat and cold stress, and ergonomic workstations should be provided. Any other risks present in the general working environment should be addressed in accordance with the OSHA General Duty clause.

2.     Administrative, Recordkeeping, Posting, and Reporting Requirements

There are many administrative, recordkeeping, posting, and reporting requirements. These include displaying the OSHA Job Safety and Health Protection Poster, ensuring emergency telephone numbers are displayed in a prominent area, and providing workers with Material Safety Data Sheets. There should also be clear signage alerting workers to biohazards, exposure to x-ray, microwave, or other harmful radiation, dangerous substances, floor loading, room capacities, and exit routes.

Employee medical records, records of employee exposure to hazardous substances, and employee training records must be kept up to date and maintained for at least the minimum retention period. There are strict requirements for reporting workplace fatalities and employee hospitalizations to the nearest OSHA office, with workplace fatalities required to be reported within 8 hours and serious injuries within 24 hours. In some states, it is a legal requirement to report workplace violence.

3.     Safety and Health Program

Employers need to implement a safety and health program and assign the responsibility of maintaining the program to an individual. Although departmental or office responsibility can be delegated, a safety committee or group should also be established that includes management and employee representatives and that meets regularly to report on safety and health issues.

Policies and procedures should be implemented that allow employees to report potential safety issues. Those complaints must be dealt with promptly and the complaint and actions taken to reduce risk should be recorded with the subsequent documentation made available to employees if requested. This is one of the basic workers´ rights OSHA inspectors check on during inspections.

4.     Walking/Working Surfaces Standards

Measures must be implemented to prevent slips, trips, and falls, including from a height, on stairways, and on the same level as these are among the leading causes of workplace accidents. The OSHA walking and working surfaces checklist was updated in November 2016 to incorporate advances in technology, industry best practices, and national consensus standards.

In the context of OSHA compliance for the healthcare industry, the revised requirements for walking and working surfaces updates industry standards addressing slip, trip, and fall hazards in line with recommendations in the CDC publication “Slip, Trip, and Fall Prevention for Healthcare Workers”. This publication includes a Slips, Trips, and Falls checklist medical facilities and dental surgeries should refer to when compiling an OSHA walking and working surfaces checklist.

5.     Medical and First Aid Standards

Generally, there should always be at least one qualified member of staff in the workplace available to provide first aid. First aid kits must be fully stocked and be easily accessible, eye-wash stations or a sink should be available for quick drenching or flushing where appropriate, and medical personnel should be readily available for consultations about employee health.

When calling 911, OSHA requires businesses to either use a communication system that automatically identifies the location of the caller or provides the caller´s latitude and longitude information to the 911 emergency dispatcher. If neither are implemented, businesses must prominently display the latitude and longitude of the workplace or other location-identification information that communicates effectively to employees the location of the workplace.

6.     Electrical Standards

Electrical standards apply to all electrical equipment and wiring, and there are also standards for medical facilities where flammable gases are used. Standards have been developed covering the design of electrical systems and safety-related working practices. All electrical hazards must be controlled, and measures implemented to reduce the risk of electric shocks. Electrical hazards are among OSHA’s most frequently cited hazards.

This standard is particularly important to medical facilities and dental surgeries because of the volume of electrical equipment used in medical and dental offices. It is important all wiring is checked for wear and tear that can result in insulation breaks, short circuits, and exposed wires. Not only might faulty wiring create a safety and health issue, a break in the electrical supply may also result in non-compliance with other healthcare regulations (i.e., the availability of PHI).

7.     The Hazard Communication Standard

This standard was developed for hazardous chemicals in the workplace and is concerned with informing employees about the risks. All hazardous materials should be labeled, information should be provided in the form of Safety Data Sheets (SDS), and employees must be told about all hazards, how they should be handled, and how to respond to an accidental escape of hazardous chemicals.

It is necessary for medical facilities with labs to keep on top of this standard, for as well as being frequently updated (i.e., to align with the UN Globally Harmonized System of Classification and Labelling of Chemicals) there are also some exceptions to this standard when the disposal of hazardous chemicals is governed by Environmental Protection Agency regulations.

8.     The Bloodborne Pathogens Standard

Employers who have work environments where there is a risk of exposure to blood-borne pathogens must implement a control plan to limit the potential for exposure, provide appropriate PPE and safety devices, and ensure PPE and safety devices are maintained. It is also necessary to develop and implement waste disposal methods and procedures and post-exposure protocols.

Training must be provided to the workforce on policies and procedures for handling potentially contaminated material and the procedures to follow in the event of exposure. Employees in medical environments are required to receive refresher training on bloodborne pathogen protocols annually, at no cost to themselves. As previously mentioned, this standard was amended by the Needlestick Safety and Prevention Act.

9.     The Personal Protective Equipment Standard

Employers must ensure work practices are developed that ensure the health and safety of the workforce and, to further reduce risk, appropriate personal protective equipment such as face masks, eyewear, visors, gowns, aprons, and protective gloves must be available that is suitable given the level of risk.

Personal protective equipment must be reliable, clean, fit each worker correctly, and safe methods of disposal of potentially contaminated equipment must be provided. Employees need to be trained on how to use, maintain, and dispose of personal protective equipment correctly and be told about its limitations.

10. The Fire Prevention Plan and Exit Routes Standards

Fire prevention measures must be implemented in the workplace, and policies and procedures developed to ensure employees (and patients of a medical facility or dental surgery) are protected in the event of a fire. The local fire department should be familiar with the location and the hazards in the facility, a fire alarm system must be in place, fire doors must be clearly marked, exit routes should be safe and clearly marked with exit diagrams posted.

Exit routes must be unobstructed at all times with exit doors opening in the direction of escape. An adequate number of the correct portable fire extinguishers for each hazard must be provided in readily accessible locations. All fire safety systems must be regularly tested, and employees should be instructed in the use of fire extinguishers and fire protection procedures. Medical facilities in the Nursing Care Centers Accreditation program must conduct fire drills in compliance with EC.02.03.03.

11. The Ionization Radiation Standard

Protocols must be developed for areas containing x-ray and diagnostic imaging equipment. Any area that contains such equipment must be subject to strict controls to reduce health risks. Employees must be told when such equipment is present in a work area, policies and procedures must be developed for working safely in restricted areas, and there are requirements for labeling all machinery and equipment that emits ionizing radiation.

When compiling an OSHA ionization radiation checklist, businesses in the healthcare industry need to be aware that many states – including those that do not have OSHA-approved State Plans – have their own regulations for occupational exposure to radioactive materials. Many medical facilities and dental surgeries will need to familiarize themselves with any state regulations relating to radiation produced by x-ray machines.

12.  COVID-19 Emergency Temporary Standard

In November 2021 an emergency temporary standard was published covering COVID-19 in worksites. Although the emergency temporary standard has been withdrawn in many locations, some states still require workplaces to comply with some or all of the SARS-CoV-2 measures implemented to keep workplaces safe and limit the transmission of the virus.

In some states, these measures only apply to specific industries – i.e., public transportation and healthcare – and to help businesses in the healthcare industry compile a OSHA compliance checklist that factors in the COVID-19 emergency temporary standard, the Occupational Safety and Health Administration has produced a “COVID-19 Healthcare Worksite Checklist & Employee Job Hazard Analysis” (PDF).

Examples of OSHA Violations

Each year, the Occupational Safety and Health Administration publishes a list of the Top 10 Most Frequently Cited Standards. The list is dominated by compliance failures in construction and heavy industry which OSHA believes leads to many preventable workplace injuries, illnesses, and fatalities. The Top 10 Most Frequently Cited Standards for 2022 were:

1. A lack of fall protection in the construction industry.
2. The failure to provide respiratory protection when required.
3. Non-compliant ladders in the construction industry.
4. The failure to communicate hazards to the workforce.
5. Unsafe scaffolding in the construction industry
6. Fall protection training failures in the construction industry.
7. The failure to control hazardous energy (electrical, pneumatic, etc.).
8. A lack of eye and face protection in the construction industry.
9. Accidents involving powered industrial trucks.
10. The failure to provide adequate machine guards.

OSHA Fines

As workplace safety and health has improved, the scale of multi-million dollar OSHA fines has declined since the end of the twentieth century. Despite the improvement in workplace safety and health, OSHA inspectors have continued to pursue OSHA violations vigorously and have issued fines where necessary. The top ten largest OSHA fines over the past ten years are:

1. In 2016, Sunfield Inc of Hebron, OH, was fined $2,892,400 following an investigation into two serious accidents at the auto parts manufacturer. Inspectors issued 43 citations for OSHA compliance failures.
2. Also in 2016, Joon LLC of Cusseta, AL, – also an auto parts manufacturer – was fined $2,515,737 after a worker was crushed to death on a production line. Inspectors found 2 serious and 20 willful OSHA violations.
3. In 2020, Gebbers Farms Operations of Brewster, WA, was fined $2,038,200 for repeatedly violating coronavirus safety procedures due to which two employees died. Neither death was reported by the employer.
4. In 2017, Aluminum Shapes LLC – a NJ-based aluminum manufacturer – was fined $1,922,895 for a series of OSHA violations relating to workforce safety. It was the eighth time the manufacturer had been inspected in six years.
5. In 2019, inspectors imposed a $1,848,000 OSHA fine on the Anderson Dairy in Battleground, WA, after an employee lost her hand when putting it into a machine lacking lockout/tagout safety features.
6. In 2017, Didion Milling Inc. of Cambria, WI, was fined $1,837,861 after an explosion attributable to a lack of equipment maintenance killed five employees of the corn milling facility and injured twelve more.
7. In 2015, Kehrer Brothers Construction Inc. of Okawville, IL, was fined $1,792,000 for willfully exposing eight workers to asbestos without proper training nor respiratory equipment
8. Also in 2015, Asley Furniture Industries Inc of Arcadia, WI, was fined $1,766,000 for a series of safety failures – twelve of which were repeat failures that the company had failed to resolve from a previous inspection.
9. In 2019, AB Specialty Silicones LLC of Waukegan, IL, was fined $1,591,176 after four employees suffered fatal injuries in an explosion attributable to the failure to comply with OSHA electrical safety standards.
10. In 2020, Great Lakes Tank and Vessel LLC of Cleveland, OH, was fined $1,565,271 following an investigation into a dual fatality attributable to the failure to provide respiratory equipment to employees.

OSHA Requirements for Employers in 2024

The Occupational Safety and Health Administration maintains a news page on its website which mostly focuses on enforcement actions, citations, and OSHA violation settlements. This page is also where any new OSHA requirements for employers, adjusted penalties for OSHA violations, or enforcement initiatives are announced.

No announcements have yet been made relating to new OSHA requirements for employers in 2024. However, in January 2023, the Administration published a “notice of enforcement guidance” which has the intention of making penalties more effective in stopping employers from repeatedly exposing workers to hazards or failing to comply with workplace safety and health requirements.

The notice explains that, from March 2023, OSHA Regional Administrators and Area Office Directors will have the authority to issue “instance-by-instance” citations. This means that, rather than grouping all violations of the same type under a single citation, Regional Administrators and Area Office Directors can issue a separate citation – and financial penalty – for each violation.

The new enforcement guidance only applies to specific types of “high-gravity serious violations” including machine guarding, falls, respiratory protection, and “other-than-serious violations specific to recordkeeping”. OSHA will look at the following factors when determining if instance-by-instance citations are appropriate in the circumstances:

• The proposed citations are related to a fatality or catastrophe, or
• The employer has been cited for a willful, repeat, or failure to abate violation within the past five years, or
• The employer has failed to report a fatality, inpatient hospitalization, amputation, or loss of an eye, or
• The proposed recordkeeping citations are related to injury or illness(es) that occurred as a result of a serious hazard.

Because of the revised enforcement guidance, employers are being advised to take a proactive approach to evaluating workplaces in order to identify and minimize risks. It is also important to ensure that those responsible for reporting workplace accidents and injuries are complying with the OSHA requirements for employers

OSHA Compliance Checklist FAQs

Where can I find a full list of OSH Act standards?

The full list of OSH Act standards can be accessed via the Occupational Safety and Health Administration´s “Quick Start Assistant” web portal. This should help you identify all the OSHA compliance requirements that apply to your business and enable you to develop an OSHA compliance checklist and OSHA inspection checklist to self-assess your compliance efforts.

Is there a required OSHA training checklist?

Because each business is unique, it is impossible to develop a “one-size-fits-all” OSHA training checklist. Businesses are recommended to first establish what their OSHA compliance requirements are and then develop an appropriate OSHA training schedule. OSHA training for healthcare organizations should be integrated where possible with other mandated training.

Is there an OSHA compliance checklist for medical office environments?

When businesses operate in the same industry sector, there will likely be different environmental, socio-economic, and organizational factors that create different types of risk for each business. Even in the case of medical office environments that are required to comply to the same OSHA standards, each medical office compliance checklist will be unique.

Is workplace violence limited to worker-on-worker bullying?

The Occupational Safety and Health Administration defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site”. This not only includes worker-on-worker bullying, but also any physical, verbal, or psychological abuse instigated by managers, patients, visitors, or passengers.

What is the difference between an OSHA hazard inspection checklist and a workplace safety inspection checklist?

Although the two inspection checklists could be identical, an OSHA hazard inspection checklist will consist of hazards covered by specific OSHA standards, whereas a workplace safety inspection checklist could include safety and health issues not covered by OSHA standards – for example, issues included in CMS´ Emergency Preparedness Rule or state laws relating to ionization radiation.

What is OSHA?

The acronym OSHA has two meanings. It can either mean the Occupational Safety and Health Act of 1970 or the Occupational Safety and Health Administration – the government agency responsible for enforcing compliance with the Act.

What are OSHA standards?

The OSHA standards are the regulations developed by the Occupational Safety and Health Administration to ensure safety and health in the workplace. The full list of OSHA standards can be found in the Code of Federal Regulations Title 29.

When was OSHA created?

The government agency OSHA was created in 1971 as a result of the passage of the Occupational Safety and Health Act. However, rather than being a new department within the Department of Labor, it took over many of the functions of the former Bureau of Labor Standards – which was originally created in 1922.

What does OSHA do?

The government agency OSHA develops and enforces the OSHA standards and enforces a variety of whistleblower statutes and regulations.  The agency also provides training, outreach, and assistance to assure safe and healthy working conditions.

What is OSHA certification?

The term OSHA certification can have several meanings. For example, it can mean the 10-hour or 30-hour “cards” employees may require before being allowed to work in certain industries (15-hour for disaster site workers), it may mean an individual is qualified to provide card training courses, or it can be a point-in-time certification that a business complies with OSHA standards.

What does OSHA regulate?

The government agency OSHA regulates businesses covered by the Occupational Safety and Health (OSHA) Act to ensure they maintain safe and healthy working conditions for their workforces. OSHA (the agency) also provides training, outreach, and assistance to businesses who require it in order to maintain compliance with the OSHA Act.

What are OSHA 300 logs?

OSHA 300 logs are logs used to record and report work-related injuries and illnesses. In most cases, qualifying injuries and illnesses are recorded on Form 300 and a summary of the log (Form 300A) sent to OSHA each year. Events which qualify as reportable events must also be reported to OSHA using Form 301. Further information about OSHA 300 logs can be found in this OSHA booklet.

What is OSHA responsible for?

OSHA is responsible for developing and enforcing safety and health standards for all covered businesses unless a state plan provides greater protections against illness and injury. In states which have their own OSHA plans, the regulations may only apply to workplaces operated by the state and local governments – in which case federal OSHA applies to covered businesses in the private sector.

What is OSHA training?

OSHA training is the training on safety and health employers are required to provide for members of their workforces. The training requirements can vary according to the industry a business operates in; and, to help guide businesses through the training requirements, the Occupational Safety and Health Administration has published an overview of what OSHA training should include.

What is covered by OSHA Act?

The OSHA Act covers most private-sector businesses and some public-sector agencies depending on whether a state has adopted regulations with greater protections against injury and illness. Exceptions include self-employed workers and businesses or agencies covered by an equally, or more, protective federal regulation – for example businesses and agencies in the mining industry.

What are some OSHA violations?

A list of the top 10 OSHA violations for which businesses received citations is published each year by the OSH Administration. The list is intended to “alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up”. The Top 10 OSHA violations in 2021 related to:

1. Fall Protection
2. Respiratory Protection
3. Ladders
4. Hazard Communication
5. Scaffolding
6. Fall Protection Training
7. Control of Hazardous Energy
8. Eye and Face Protection
9. Powered Industrial Trucks
10. Machinery and Machine Guarding

Why was it considered necessary to establish OSHA?

The reason it was considered necessary to establish OSHA was that, although safety and health standard had existed for almost fifty years, increasing economic expansion during the 1960s resulted in rising injury rates. Political and union pressures led to Congress establishing the Occupational Safety and Health Act to better protect workers from injuries and work-related accidents.

How does OSHA enforce its standards?

OSHA enforces its standards by conducting investigations into injury and illness reports submitted by employers, and compliance concerns raised by workers. Employers are required to submit reports of fatalities and injuries or illnesses resulting in hospitalization, while workers can file a complaint and ask OSHA to inspect the workplace if there is a serious hazard or an employer is non-compliant.

How can you file a report with OSHA?

You can file a report with OSHA via an online form, by downloading the form and posting, faxing, or emailing it to OSHA, by calling your local OSHA Office, or by visiting your local OSHA Office and discussing the report in person. Details of OSHA Area Offices and their contact details can be found on the “Contact Us” page of the OSHA website.

What is a de minimis OSHA violation?

A de minimis OSHA violation is a technical violation of an OSHA standard that is unlikely to result in an injury or illness. In most cases, an OSHA inspector will note the violation in the business´s case inspection file, verbally warn the employer about the violation, and take no further action unless the de minimis violation escalates into a more serious threat to safety or health.

What is an other-than-serious OSHA violation?

An other-than-serious OSHA violation is a violation that is unlikely to result in a serious injury, but may still put the safety and health of employees at risk. A violation of this nature would include the failure to post mandatory safety documentation in the workplace, and non-cooperative employers can be fined up to $16,131 per violation of this type.

What determines whether a violation is a repeated OSHA violation?

A repeated OSHA violation is a violation that an employer has been previously cited for or is similar in type to a violation an employer has been previously cited for. The only exception to this definition of a repeated OSHA violation is if the original violation is still being contested by the employer, in which case OSHA Inspectors cannot consider a violation to be repeated.

What is a serious OSHA violation?

A serious OSHA violation is when a business is aware – or should be aware – that a workplace hazard could cause an accident or illness that has the potential to result in a severe injury or death. To qualify as a serious OSHA violation, the business must be found to have done nothing to mitigate the risks attributable to the workplace hazard.

What is a willful OSHA violation?

A willful OSHA violation is when a business purposely disregards employee safety and OSHA standards. As well as a fine of up to $161,323 per violation, the business can be referred to the Department of Justice for a criminal investigation. If found guilty, a business can face a further fine in excess of $250,000 and the business owner can be sent to jail if the violation results in a fatality.

What is the failure to abate a prior violation?

The failure to abate a prior violation is when a business does not rectify a cited violation before the abatement deadline in the citation. If a business fails to abate a prior violation before the deadline, it can be fined up to $16,131 per day until the violation is rectified. In most cases, the maximum fine is capped at 30 days – equal to $483,930.

What are the OSHA violation posting requirements?

The OSHA violation posting requirements are that, when a business is cited for unsafe or unhealthy working conditions, a notice must be posted at or near the unsafe or unhealthy location to warn employees of the potential hazards. The notice must remain in place for a minimum of three days unless the reason for the citation is rectified.

What is OSHA compliance?

OSHA compliance means complying with the safety and health standards that apply to a business to ensure a safe and healthy workplace and workforce. In addition to specific workplace standards, businesses have to comply with the General Duty clause which requires them to identify and rectify any risks to health and safety not covered by other OSHA standards.

What are the four categories of OSHA standards?

The four categories of OSHA standards are general industry, construction, maritime, and agriculture. Each industry “category” has its own set of standards; and, within each set, some standards may apply to only specific types of business. For example, the bloodborne pathogens standard in the general industry standard only apply to businesses in which bloodborne pathogens are a risk.

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