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
Updated to reflect an amendment to law regarding expungement of criminal records in Delaware.
According to new data from the US Bureau of Labor Statistics, 2018 marked the first time since 2012 that the rate of nonfatal workplace injuries and illnesses failed to decline.
Updated to reflect amendments to sexual harassment prevention training requirements for construction workers and seasonal, temporary and other employees; implicit bias training for health care providers; and to include the Janitor Survivor Empowerment Act.
Updated guidance to reflect amendment relating to a person's right to carry a firearm onto company property, effective November 1, 2019.
Updated to reflect the Protection from Workplace Harassment and Violence Act, effective November 1, 2019.
Updated to reflect forthcoming amendments relating to occupational lead poisoning reporting.
Tennessee employers that want to prevent abusive conduct in the workplace and take advantage of certain protections by adopting an abusive conduct prevention policy that meets certain standards should consider including this model policy statement in their handbook.
HR considerations for employers regarding all areas of workplace safety. Advice and guidance on creating and keeping safety in the workplace.