OSHA Workplace Safety Guide for Employers

The Occupational Safety and Health Act of 1970 (OSH Act) requires employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm. The Act created the Occupational Safety and Health Administration (OSHA) to set and enforce workplace safety and health standards.

OSHA covers most private-sector employers and their workers in the 50 states, the District of Columbia, and other U.S. jurisdictions. While public-sector employees are not covered by federal OSHA, 28 states and territories operate their own OSHA-approved State Plans that cover both private and public-sector workers.

For employers, OSHA compliance involves understanding general duty obligations, industry-specific standards, hazard communication requirements, recordkeeping rules, and what to expect during an OSHA inspection. Violations can result in significant penalties, and willful violations that cause death can result in criminal prosecution.

Every employer covered by the OSH Act has two fundamental obligations:

1. The General Duty Clause (Section 5(a)(1))

Employers must furnish a place of employment "free from recognized hazards that are causing or are likely to cause death or serious physical harm." This catch-all provision applies even when no specific OSHA standard addresses the hazard. OSHA uses the General Duty Clause to cite employers for hazards like workplace violence, ergonomic risks, and heat illness.

2. Compliance with Standards (Section 5(a)(2))

Employers must comply with all OSHA standards applicable to their operations. OSHA standards are organized into four industry groups:

• General Industry (29 CFR 1910): The broadest set of standards, covering most non-construction, non-maritime, non-agricultural employers
• Construction (29 CFR 1926): Standards specific to construction activities
• Maritime (29 CFR 1915-1919): Standards for shipyard, marine terminal, and longshoring operations
• Agriculture (29 CFR 1928): Standards specific to agricultural operations

Additional employer responsibilities include:

• Displaying the OSHA "Job Safety and Health — It's the Law" poster
• Informing workers about workplace hazards and OSHA protections
• Reporting severe injuries and fatalities to OSHA within required timeframes
• Not retaliating against workers who exercise their safety rights
• Providing required personal protective equipment (PPE) at no cost to employees

The Hazard Communication Standard (29 CFR 1910.1200) — often called "HazCom" or the "Right to Know" standard — is OSHA's most frequently cited standard. It requires employers to inform and train workers about chemical hazards in the workplace.

HazCom requirements include:

• Written Hazard Communication Program: Every workplace with hazardous chemicals must have a written program describing labeling, SDSs, and training procedures
• Safety Data Sheets (SDSs): Employers must maintain SDSs for all hazardous chemicals in the workplace and make them immediately accessible to employees during their shifts. SDSs must follow the standardized 16-section GHS format
• Container Labels: All containers of hazardous chemicals must bear GHS-compliant labels with product identifier, signal word, hazard statement, pictograms, precautionary statements, and supplier information
• Employee Training: Workers must receive training before initial exposure and when new hazards are introduced. Training must cover: how to read labels and SDSs, location and availability of the written program and SDSs, physical and health hazards of chemicals in the work area, and protective measures

In 2024, OSHA updated HazCom to align more closely with the latest edition of the Globally Harmonized System (GHS) Revision 7, with phased compliance dates extending through 2028.

Employers with more than 10 employees (at any time during the calendar year) must maintain records of work-related injuries and illnesses using OSHA's recordkeeping forms — unless they fall within an exempt low-hazard industry.

Three forms are required:

• OSHA Form 300 (Log of Work-Related Injuries and Illnesses): A running log of each recordable injury or illness. Must be maintained for each establishment
• OSHA Form 300A (Summary): Annual summary of injuries and illnesses. Must be posted in a visible location from February 1 through April 30 of the following year. Must be certified by a company executive
• OSHA Form 301 (Injury and Illness Incident Report): Detailed report for each recordable case. Must be completed within 7 calendar days of learning of a recordable event

A case is recordable if it is work-related and results in: death, days away from work, restricted work or job transfer, medical treatment beyond first aid, loss of consciousness, or a significant injury/illness diagnosed by a physician.

Records must be retained for 5 years following the end of the calendar year they cover.

Electronic submission: Establishments with 250+ employees, and establishments with 20-249 employees in certain high-hazard industries, must electronically submit injury and illness data to OSHA via the Injury Tracking Application (ITA) annually.

In addition to recordkeeping, OSHA requires employers to report certain severe incidents directly:

• Fatality: Must be reported within 8 hours of learning of the death of any employee from a work-related incident
• Inpatient hospitalization: Must be reported within 24 hours
• Amputation: Must be reported within 24 hours
• Loss of an eye: Must be reported within 24 hours

Reports can be made by calling OSHA's toll-free number (1-800-321-OSHA), contacting the nearest OSHA area office, or submitting electronically through OSHA's website.

Important: The reporting requirement applies to all covered employers, including those with 10 or fewer employees who are otherwise exempt from routine recordkeeping. Heart attacks at work must be reported if work-related. Motor vehicle accidents on public roadways must be reported if they occur in a construction work zone.

Employees have extensive rights under the OSH Act:

• Right to a safe workplace: The fundamental right to working conditions free of recognized hazards
• Right to information: Access to workplace injury/illness records, exposure/medical records, and Safety Data Sheets
• Right to file complaints: Employees can file confidential complaints with OSHA about unsafe conditions
• Right to participate in inspections: An employee representative can accompany the OSHA inspector during a workplace inspection
• Right to refuse dangerous work: Under limited circumstances (imminent danger, no reasonable alternative, insufficient time for OSHA to respond), employees can refuse to work

Whistleblower protection (Section 11(c)): Employers may not retaliate against employees who exercise their rights under the OSH Act, including filing complaints, requesting inspections, participating in investigations, or reporting injuries. Retaliation includes termination, demotion, transfer, pay reduction, or any other adverse action. Employees have 30 days from the retaliatory action to file a complaint with OSHA.

OSHA also enforces whistleblower provisions of over 20 other federal statutes covering transportation, environmental, financial, consumer product, and health care industry workers.

OSHA conducts workplace inspections without advance notice (except in rare circumstances). Inspections are prioritized in this order:

1. Imminent danger situations
2. Fatalities and catastrophes (severe injuries)
3. Worker complaints and referrals
4. Targeted inspections (high-hazard industries, emphasis programs)
5. Follow-up inspections to verify prior violations were corrected

During an inspection, the employer has the following rights and obligations:

• Opening conference: The inspector will present credentials and explain the purpose and scope of the inspection
• Walkaround: The inspector examines the workplace for hazards. Both the employer and employee representative have the right to accompany the inspector
• Employee interviews: The inspector may interview employees privately
• Document review: The inspector may review OSHA logs, training records, safety programs, and other documentation
• Closing conference: The inspector discusses findings and potential violations

After the inspection, if violations are found, OSHA issues citations specifying the violation, proposed penalty, and a deadline for correction (abatement date). Employers have 15 working days to contest a citation.