Every employer should be conversant with issues that relate to diverse areas of Labor Law, such as how to remain OSHA (Occupational Safety and Health Administration) compliant. In this regard, this blog post introduces you to yet another short training video titled “The 3 Basic Duties To Keep You OSHA Compliant.” A few months ago, OSHA was talking about expanding into code regulations, but it did not go ahead because it probably realized that such a move would have been too aggressive, and due to the fact that many employers began pulling back. Amidst the panic and anxiety, employers started getting ready for things to settle down with OSHA. Accordingly, questions started streaming in as employers sought legal help about any changes in compliance with OSHA. In this regard, the video, expounded through this blog, is a general hands-on guide into how OSHA operates and what to expect, as an employer, when it comes to compliance requirements.
For starters, OSHA has both a federal standard and a state standard. With a solid base in New York and New Jersey, Miletti Law® also operates in California and Florida and is gradually taking root in Georgia. Compared to New York and New Jersey, OSHA in California (popularly known as Cal/OSHA) is very aggressive. In fact, it is far much less aggressive in Georgia as compared to the other four states where we operate.
Nonetheless, irrespective of the level of aggressiveness, how OSHA operates can be summed up in three basic tenets. Obviously derived from the terms “occupational safety” making its name, the first tenet is that the workplace must be free from known health and safety hazards. The second basic tenet is that the employee has the right to speak without the fear of retaliation or reprisal should they speak up against a health or safety hazard in the workplace. Finally, the third tenet is that all employees are entitled to receive training on safety in the workplace.
Notably, when it comes to workplace safety, OSHA generally looks at three safety standards, regardless of the state in which one operates or the level of aggressiveness. These general standards include (1) the types of equipment that the company uses in the procedures on how to use them (for instance, how to use equipment and machines like power drills and saws, how to move and operate them), (2) the known desired limits on employee exposure to certain chemicals and hazardous products (for instance, how much are workers exposed to chemicals such as lead and asbestos and the kinds of protective gear do they use) and (3) tracking of workplace hazards, incidents, and accidents that occur (for instance, how often do injuries occur when using machines and what equipment should be considered as hazards to workers).
Essentially, every state has an internal reporting standard for OSHA. Although not every incident has been reported, OSHA provides an internal reporting standard for various occurrences. In a way, California is a rogue state, and while we have no offense to the state’s residents and employers, we would recommend shutting down a business rather than complying with its standards. The state has what they call California IIPP (Injury and Illness Prevention Program) pursuant to code 8 CCR 3203, which is typically the most excessive and psychotic standard in the country. If you comply with this one, then you have complied with OSHA in 50 states.
Nonetheless, adhering to the three workplace safety standards discussed above is the most ideal way that an employer can remain OSHA compliant. As always, we would be glad to provide the most competent legal presentation should any issue regarding compliance with OSHA arise.
Accordingly, please feel free to watch our Video and leave us a comment. As we continue hammering on new stuff daily, stay tuned for more educational videos, inspiring training, & legal advice. In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer & Author.