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The HIPAA Journal is the leading provider of HIPAA training, news, regulatory updates, and independent compliance advice.

What Does OSHA Do?

The Occupational Safety and Health Administration (OSHA) is a federal agency within the U.S. Department of Labor that is responsible for the regulation and enforcement of workplace safety and health standards, and the provision of training and outreach to educate workers and employers on best safety and health practices. This article answers the questions what does OSHA do about:

  • Developing Safety Standards
  • Requiring Hazard Communications
  • Recordkeeping and Reporting
  • Training and Outreach
  • Enforcing OSHA Standards
  • Emergency Preparedness and Response
  • Protecting Whistleblowers from Retaliation

What Does OSHA Do about Developing Safety Standards

When OSHA was first established in 1971, it was instructed to adopt standards for workplace safety and health within two years. Due to the tight timeframe, the agency started by adopting existing standards from sources such as the American National Standards Institute and the National Fire Protection Administration, and states that had existing safety and health programs.

Once a base of standards had been adopted, OSHA set about developing new standards – originally tackling well-known threats to workplace safety in populated industries such as construction (i.e., asbestos exposure), and then threats to workplace safety in less populated industries such as commercial diving and helicopter flying.

With regards to what does OSHA do about developing safety standards, the way the standards are developed and adopted is that the agency will publish a Notice of Provisional Rule Making (NPRM) and invite stakeholders to get in touch with their comments. An amended version of the NPRM is published as a Provisional Rule; and, subject to further feedback, the standard is published as a Final Rule.

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The Requirements for Hazard Communication

OSHA’s Hazard Communication Standard is a regulatory requirement designed to ensure that information about the identities and hazards of chemicals in the workplace is accessible to workers. It is often referred to as the “right to know” law and was revised in 2012 to align with the Globally Harmonized System of Classification and Labelling of Chemicals.

According to OSHA’s requirements for hazard communication, employers must establish a written hazard communication program for the workplace. This program should include labels on containers of hazardous chemicals, safety data sheets (SDSs) provided by the chemical manufacturer, and training programs for employees who potentially face exposure to these chemicals.

Labels on hazardous chemicals are a key element of OSHA compliance. The labels must include signal words, pictograms, hazard statements, precautionary statements, and product identifiers. The purpose of the label is to communicate the primary hazards and precautionary measures quickly and effectively when handling substances recognized as a hazard to safety or health.

What are OSHA’s Recordkeeping and Reporting Requirements?

Under OSHA’s recordkeeping regulations, employers with workforces above a certain size (which varies according to industry) are required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. This includes any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job.

In addition to the 300 Log, employers are required to maintain a 301 Incident Report for each recordable injury or illness, providing more detail on the specific incident. An annual summary of the 300 Log (Form 300A) must be completed annually and submitted electronically to OSHA. A paper version of the report must also be posted in a prominent location in the workplace.

With regards to reporting serious workplace injuries, the requirements are that employers (of all sizes and regardless of industry) report workplace fatalities to OSHA within eight hours of knowledge of the event. An accident that results in an inpatient admission, amputation, or the loss of an eye must be reported to OSHA within 24 hours of the accident occurring.

What Does OSHA Do about Training and Outreach

OSHA plays a significant role in promoting workplace safety and health through its extensive training and outreach programs. The agency’s commitment to training is based on the principle that workers equipped with the knowledge about their rights – and the hazards they might face in the workplace – are more likely to contribute to a safer work environment.

The OSHA Training Institute (OTI) and its Education Centers offer advanced courses for safety and health officers and OSHA staff. These centers provide specialized training on a range of topics from construction safety to machine guarding and can help in creating a range of professionals skilled in OSHA standards and their implementation so that can they share their knowledge with others.

In addition to the training and outreach programs, OSHA has a range of other training initiatives. One particularly important initiative is the Susan Harwood Training Grant Program – named in honor of a former director of the Office of Risk Assessment – which provides funding for nonprofit organizations to deliver training on workplace safety and health to members of their workforces.

Enforcement, Emergency Preparedness, and Protection for Whistleblowers

OSHA most often learns about potential non-compliance with its safety and health standards via mandatory accident reports, complaints from workers, and referrals from state and federal agencies. The agency prioritizes enforcement inspections depending on the nature of the non-compliance; and, if a violation is identified, OSHA has the authority to issue citations and fines.

As well as working with individual businesses to promote workplace safety and health, OSHA has an active role in the National Contingency Plan to help prepare for and respond to emergencies such as wildfires, extreme weather events, and other natural disasters. OSHA’s role includes coordination, support, and technical assistance to accelerate regional and national responses.

OSHA’s protection for whistleblowers also extends beyond its perceived role as a safety and health regulator. OSHA’s Whistleblower Protection Program enforces whistleblower provisions in more than 20 statutes – protecting employees who report violations in industries as diverse as health insurance, motor vehicle production, food safety, and environmental protection.

What does OSHA Do? Conclusion

OSHA does a lot more than many individuals give the agency credit for. As well as fulfilling its responsibilities to promote workplace safety and health (and penalize violators), the agency helps communities better prepare for adverse natural and environmental events, helps coordinate response efforts when these events occur, and protects whistleblowers from retaliation.

For most private sector businesses, OSHA is best known for conducting unannounced safety and health inspections; and, if you have concerns that your business may have gaps on its compliance efforts, you should review our OSHA compliance checklist. If gaps are confirmed, you should seek advice on how to fill them from your nearest OSHA office or a compliance expert.

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Author: Steve Alder is the editor-in-chief of The HIPAA Journal. Steve is responsible for editorial policy regarding the topics covered in The HIPAA Journal. He is a specialist on healthcare industry legal and regulatory affairs, and has 10 years of experience writing about HIPAA and other related legal topics. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. Steve shapes the editorial policy of The HIPAA Journal, ensuring its comprehensive coverage of critical topics. Steve Alder is considered an authority in the healthcare industry on HIPAA. The HIPAA Journal has evolved into the leading independent authority on HIPAA under Steve’s editorial leadership. Steve manages a team of writers and is responsible for the factual and legal accuracy of all content published on The HIPAA Journal. Steve holds a Bachelor’s of Science degree from the University of Liverpool. You can connect with Steve via LinkedIn or email via stevealder(at)hipaajournal.com

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