Think You’re Too Small for OSHA? They May Still Come Knocking

 

OSHA guidelines were created to protect most workers—not only those employed by large companies. While your small business may not have to follow all the rules OSHA has set out, that doesn’t mean you are exempt from the need to furnish a safe working environment. The truth is, even with only a handful of employees, OSHA could still come knocking.

As a small business owner, what do you need to do to avoid problems with OSHA—and keep your workers safe?

How OSHA Operates

OSHA (the Occupational Safety and Health Administration) was set up in 1970 as part of the Occupational Safety and Health Act, also known as the OSH Act. It was intended to protect workers from health hazards and safety issues on the job.

OSHA does this by setting guidelines and conducting inspections to ensure employers are complying with industry-specific health and safety standards.

The agency is also there to help employees who believe their workplace isn’t safe. Any employee can file a complaint with OSHA, which can result in an inspection.

How Many Employees Must You Have to Be Required to Comply with OSHA?

If you’re a small business owner with 10 or fewer employees, you do have more flexibility than larger companies when it comes to compliance. In most cases, small companies won’t need to keep OSHA injury and illness records. Also, as a small business owner, you don’t have to worry about programmed inspections.

Even if you weren't a small business owner, you still aren't likely to get a surprise visit from a compliance officer. OSHA only has the manpower to visit a small slice of all regulated businesses each year. There are approximately 8 million businesses that have to comply with OSHA. The agency visits about 73,000 annually.[1]

However, this doesn’t mean you shouldn’t make health and safety a priority. Nor does it mean OSHA won’t ever come knocking on your door.

There are several issues that will lead to attention from OSHA:

  • Worker complaints – Workers can file a confidential complaint with OSHA if they believe the workplace isn’t safe or that workplace conditions are hazardous.
  • Serious injuries or illnesses – If one of your employees is seriously injured, OSHA may target your business. The agency considers an injury that requires in-patient hospitalization or leads to an amputation or loss of an eye as a severe work-related injury.
  • Third-party referrals – An outside party such as a media outlet, a federal agency, or another organization may contact OSHA if they believe there is a reason to be concerned.

What Happens When OSHA Inspects a Small Business?

A visit from OSHA doesn’t have to be something small business owners need to worry about. In fact, it can be a positive experience. The compliance officer will ensure your workplace is safe and offer recommendations about what you can do to reduce hazards and promote safety.

If an OSHA officer comes knocking, the best thing to do is to be as responsive as possible. Be open to any suggestions. Have any relevant personnel join you during the inspection—such as a manager, electrician, or maintenance professional. This way, they can be in the loop on what needs to be done to improve safety.

How Small Business Owners Can Ensure Health and Safety

Even if you are exempt from OSHA recordkeeping regulations and programmed inspections, it’s still important to take safety seriously.

The expectation is that all employers will follow the general duty clause described in the OSH Act. It says that employers will furnish “a place of employment which is free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees.”[2]

Taking preventative measures to reduce injuries and illnesses is also good business.

  • It demonstrates to your employees that they are valued—which can boost worker morale and reduce employee turnover.
  • It can protect your business from high costs. Illnesses and injuries such as workplace falls can lead to lost workdays, workers’ compensation costs, and legal fees.
  • During the coronavirus pandemic, health and safety have become more important than ever. Today, employees expect their employers to take extra measures to prevent the spread of the virus and to ensure a safe, clean workplace.

There are many ways business owners can increase health and safety.

  1. Create a written health and safety policy and post it for employees to see.
  2. Provide high-quality personal protective equipment.
  3. Designate an employee to be a health and safety leader to ensure there’s a central point of contact for all your workers.
  4. Hold meetings with your employees to talk about health and wellness at work.
  5. Business owners can also request a free OSHA consultation. Simply contact the OSHA office nearest your location for help.

The reality is, as a small business owner, the chances are low that OSHA will visit unannounced. Still, there are very good reasons to go the extra mile. Every one of your employees will appreciate working for someone who values their health.

 

[1] https://www.safetyandhealthmagazine.com/articles/18400-what-to-expect-when-osha-is-inspecting

[2] https://webapps.dol.gov/elaws/elg/osha.htm#BasicPro

Product Compliance and Suitability

The product statements contained in this guide are intended for general informational purposes only. Such product statements do not constitute a product recommendation or representation as to the appropriateness, accuracy, completeness, correctness or currentness of the information provided. Information provided in this guide does not replace the use by you of any manufacturer instructions, technical product manual, or other professional resource or adviser available to you. Always read, understand and follow all manufacturer instructions.