Overview: The Occupational Safety and Health Administration (OSHA) regulates almost every employer, which means that virtually every employer must comply with some OSHA regulations in order to achieve acceptable levels of workplace health and safety. Safety in the workplace can seem like a challenging goal, but it is required by law.
One of the most important concepts employers must understand in the world of workplace safety is the General Duty Clause of the OSH Act. While there are many regulations governing workplace safety, there is not a specific rule covering every possible workplace safety situation. Instead, OSHA enforces the General Duty Clause, which requires an employer to provide a workplace free from recognized safety and health hazards. If an employer knows of an unsafe activity, behavior or situation, then it is obligated to remedy it.
Trends: The civil monetary penalties for failing to comply with OSHA regulations were increased in 2016 for the first time since 1990. To "catch up" with inflation, the maximum penalties went up by 78 percent. For example, the top penalty for willful or repeated violations jumped from $70,000 to $124,709. The new penalty amounts apply to penalties assessed after August 1, 2016, whose associated violations occurred after November 2, 2015.
Author: Melissa Gonzalez Boyce, JD, Legal Editor
Ohio employers wishing to limit or prohibit weapons in the workplace should consider including this model policy statement in their handbook.
The 9th Circuit Court of Appeals has issued a decision that protects individuals who complain internally, but who do not make an external complaint to the Securities and Exchange Commission (SEC), under Dodd-Frank's anti-retaliation provision. The decision deepens an existing circuit split.
In the event of an emergency, it is critical that employees are aware of how the situation affects them, their office and their workday. An employer may use this policy to advise employees on the communication channels available, which may include remote access to the employer's network and a local telephone number with an updated recorded message on the status of the emergency.
It is important for employees to know ahead of time what to do in order to keep themselves and others safe in the event of an active shooter event. XpertHR rounds up resources to help an employer prepare its workplace and its workforce for such an incident.
The Occupational Safety and Health Administration (OSHA) has issued its Recommended Practices for Anti-Retaliation Programs, which applies to both public and private employers. The resource is advisory only.
Updated to reflect the renaming of the DOJ Civil Rights Division's Office of Special Counsel for Immigration-Related Practices, effective January 18, 2017.
Updated to reflect a clarification of injury and fatality reporting requirements regarding motor vehicle accidents, effective December 23, 2016.
HR considerations for employers regarding all areas of workplace safety. Advice and guidance on creating and keeping safety in the workplace.