If you work in the United States, no matter if it’s in construction, warehousing, manufacturing, or any other field, chances are you’ve heard of the Occupational Safety and Health Administration, often known as OSHA.
Since its creation, OSHA has had a massive impact on U.S. workplace safety standards and the health and safety of its workers. But it’s a behemoth, and even after more than 50 years of existence, there are still mysteries surrounding OSHA, its standards and regulations, and its capacity to enforce them.
This article will answer workers’ and employers’ most frequent questions about the powerful federal agency.
Wondering what does OSHA mean? Well here is the definition: OSHA stands for the Occupational Safety and Health Administration.
Under the United States Department of Labor (DOL), OSHA is charged with implementing and enforcing the Occupational Safety and Health Act (OSH Act) of 1970.
The U.S. Congress created the agency under the Occupational Safety and Health Act, which was signed into law by former President Richard Nixon on December 29, 1970.
OSHA is a federal agency within the United States Department of Labor. The Assistant Secretary of Labor for Occupational Safety and Health is OSHA’s administrator. He answers to the Secretary of Labor, a member of the President of the United States Cabinet. Here is the OSHA Org chart:
OSHA’s mission is “to ensure safe and healthful working conditions for workers by setting and enforcing standards and providing training, outreach, education, and assistance.”
In its 50+ years of existence, OSHA has significantly impacted workplace safety in the U.S. and abroad by setting new safety standards. Working with state partners, health and safety officials, unions, employers, and workers, OSHA has helped implement strategies to improve worker safety and make it a top priority for everyone. The following statistics clearly indicate the tremendous impact of OSHA measures on the workplace:
OSHA’s mandate is large as it covers workers from vastly different industries across the United States. As such, OSHA has adopted a multifaceted, holistic approach to getting it done, including:
Federal OSHA is a small agency with 10 regional and 85 local area offices. As of 2022, it has 2,265 employees. With state partners, they have approximately 1,850 inspectors responsible for the health and safety of 130 million workers at more than 8 million worksites in the United States. This amounts to around one compliance officer for every 70,000 workers.
OSHA’s budget for the fiscal year 2022 is $591,787,000.
The OSH Act of December 29, 1970, is available here:
https://www.osha.gov/laws-regs/oshact/completeoshact
The OSH act starts like this:
Public Law 91-596
84 STAT. 1590
91st Congress, S.2193
December 29, 1970,
as amended through January 1, 2004. (1)
To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the “Occupational Safety and Health Act of 1970.”
The OSH Act covers most workers and employers in the private sector. It also covers some workers and employers in the public sector in the 50 states and territories, including the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston Island, and the Outer Continental Shelf Lands as defined in the Outer Continental Shelf Lands Act.
OSHA is not responsible for the entire United States workforce. Some industries, like mining, require specialized equipment and knowledge, and workers are thus covered by industry-specific agencies such as MSHA.
OSHA, or a state agency overseen by OSHA, applies to most private-sector employers in all 50 states, Washington, D.C., all U.S. territories, and the outer continental shelf lands.
In 26 states and two territories, an OSHA-approved State Plan protects anyone working for state, territorial, and local governments (public-sector workers).
In cases where another agency is involved in workplace safety and health, OSHA isn’t entirely out of the picture. They retain some responsibilities, including whistleblower protections.
State Plans are OSHA-approved workplace safety and health programs that U.S. states or territories operate. There are 22 State Plans that cover private sector, state, and local government workers, and 7 State Plans that cover only state and local government workers. State Plans are monitored by OSHA and must be proven to be at least as effective as federal OSHA. The programs are state-run but jointly funded by the state and the federal government.
In Connecticut, Illinois, New Jersey, New York, and the Virgin Islands, the state plan covers public-sector workers only; federal OSHA still covers private-sector employers.
No, the Occupational Safety and Health Administration (OSHA) does not apply to Canada. OSHA is a United States federal agency whose regulations and standards are specific to the United States.
In Canada, provincial and territorial authorities govern occupational health and safety regulations. Each province and territory has its own laws, regulations, and agencies responsible for ensuring workplace safety and health. For example, in Ontario, the relevant agency is the Ministry of Labour, Training and Skills Development, while in Alberta, it's Alberta Occupational Health and Safety. In Quebec, it's the Commission for Standards, Equity, Health, and Safety at Work (or CNESST).
If your company operates in Canada, refer to the Canadian Centre for Occupational Health and Safety (CCOHS), which provides HSE resources for Canada. CCOHS shares similarities with OSHA, as it provides legislation, enforcement, and resources to assist employers in maintaining compliance.
The OSH Act’s prohibition on retaliation [Section 11(c)] protects most private-sector workers and employers, but it does not cover employees of the U.S. government or state or local government employees. However, it does cover U.S. Postal Service employees.
Some States have State Plans that OSHA approves, may surpass its standards and regulations, and cover local and government employees.
The OSH Act does not cover the following groups:
OSHA’s mission is to improve safety in the workplace, and as such, will help all parties achieve their safety goal, including employers. It is committed to providing them with all the knowledge, training, and tools so they can comply with established standards.
OSHA may provide compliance specialists, on-site consultation, outreach training, and education centers. Visit their website for additional resources and publications for employers.
OSHA can order a work stoppage if safety risks are found in a workplace, but contrary to widely held belief, the agency cannot shut down a business entirely. Only a court order can do so.
But OSHA can issue a citation. And they do it to keep workers safe, not to make money.
The employer has several options, including:
Employers are responsible for providing a safe workplace to all workers covered in the OSH Act.
They must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards.
Employee responsibilities range from meeting established standards to environmental safety, signage and labeling, training, safety procedures, documentation, and more.
OSHA requires employers to train workers who face hazards on the job. OSHA offers many resources to employers to better understand the requirements and train their employees.
The OSHA Outreach Training Program offers basic and advanced safety and health hazards training. The OSHA Training Institute (OTI) Education Centers are a group of non-profit organizations authorized by OSHA to provide workers with nationwide occupational safety and health training.
A standard is a regulatory requirement established and published by the agency to serve as criteria for measuring whether employers comply with the OSH Act laws. OSHA standards are published in Title 29 of the Code of Federal Regulations (CFR).
There are multiple standards sections, including:
For access to all OSHA standards and access to its search engine, please visit:
https://www.osha.gov/laws-regs
OSHA general requirements for storage are outlined under OSHA Laws and Regulations (Standards — 29 CFR) Safety and Health Regulations for Construction Part 1926.250. The regulations cover everything from storage, material handling, use, and disposal.
Part Number: 1926
Part Number Title: Safety and Health Regulations for Construction
Subpart: 1926 Subpart H
Subpart Title: Materials Handling, Storage, Use, and Disposal
Standard Number: 1926.250
Title: General requirements for storage.
GPO Source: e-CFR
For a complete reference to regulations:
https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.250
The rack system owner must put in place precautionary measures to protect the workers. Netting or an equivalent load containment solution should be used at the back of a pallet rack where pedestrians can be. OSHA 1910.176(b) requires all merchandise stored in tiers (for example, bags, containers, bundles) to be stacked, stable, and secured to avoid sliding or collapse.
The owner should also indicate to the rack designer any locations requiring horizontal or vertical safety barriers to prevent materials from falling, for example, in areas where people have access or in areas where a falling product could pose a safety hazard or cause some property damage. These requirements vary according to the merchandise, the operations, and the configuration of the structure.
In the United States, the 2012 International Building Code (IBC) references the Rack Manufacturers Institute’s ANSI MH16.1: Specification for the Design, Testing and Utilization of Industrial Steel Storage Racks. It defines how racks should be designed, maintained and display load capacity plaques and labels.
Since all facilities must respect the building code, OSHA does not need to specify rack standards.
All pallet rack columns should be anchored.
OSHA refers directly to the IBC for buildings and ANSI MH16.1 for racks. Therefore, rack owners must follow the requirements of the MH16.1 standard, which states that all rack columns must be anchored to the floor. Incidentally, OSHA has fined warehouse owners for having damaged and unanchored racks.
Base plates must be installed at the bottom of every column. The RMI standard also requires pallet rack anchors for all column bases to resist forces like overturning forces caused by earthquakes/wind or accidental impact forces (from forklifts).
You can request an OSHA inspection if the OSH Act covers your company. Occasionally, OSHA requests more information about a situation from the employer rather than going on-site for an inspection. In that case, the employer must respond to OSHA within five working days. If someone sends OSHA a written and signed complaint, OSHA must travel on-site to run an in-person inspection.
Of course, OSHA also has the right to make unsolicited inspections.
You may request an OSHA inspection by filling out the official OSHA complaint form. If you think there is an imminent danger, you should contact OSHA by phone immediately.
Because OSHA inspections may be unannounced, the best way to prepare is to ensure your workplace is ALWAYS in compliance with OSHA regulations and standards, EVERY DAY.
Occasionally, OSHA may give employers and/or unions advance notice of an inspection. For example, if there is imminent danger, an assessment must be conducted after working hours, or a specific expert needs to be present, OSHA will give advanced warning.
An employer can ask OSHA to get a court warrant before allowing them access to their facility.
OSHA is a big agency with lots of resources. But with the jurisdiction of over 8 million worksites, it must prioritize its on-site inspections based on set criteria. OSHA will prioritize examinations based on the following conditions:
Access the OSHA Fact Sheet for more details.
Again, the best way to prepare is to ensure your workplace is ALWAYS in compliance with OSHA regulations and standards, EVERY DAY.
If you have filed a complaint, you may want to mention it to union leaders and co-workers so they are aware, can prepare material, and be ready for any questions the OSHA inspector might have.
After a complaint has been filed, an OSHA inspector should be on-site in under 30 days. If the delay is longer, you should contact OSHA to get clarification.
Workers must choose a representative, and possibly an alternate, that will interface with the OSHA inspector. The employer cannot select the representative. The OSHA inspector may also include other staff members in the discussion if specialized expertise is required.
OSHA inspections last anything from a few hours to several weeks, depending on the complexity, the number of issues, the size of the site, and other variables. They are conducted in 3 clearly defined steps:
The OSHA inspector will show up at a facility and meet with representatives from management and workers to explain the purpose of his visit. This meeting is usually short and outlines the hazards in the complaint. The inspector may meet with both parties separately if one objects to the inspection. If external employees are also on-site, they may also be involved in the process.
Before starting the walk-around, the OSHA inspector will usually verify the Log and Summary of Occupational Injuries and Illnesses and other OSHA-required records.
The inspector, accompanied by management and worker representatives, will visit and evaluate each safety hazard in the complaint. During this walk-around, the inspector may also expand his inspection to other hazards he may see or even decide to visit the entire facility.
Workers on-site (other than the representatives) may also engage with the inspector and decide to talk privately or file an additional verbal or written complaint. The inspector is allowed to engage with any worker on-site.
The OSHA inspector should immediately communicate newly discovered hazards or apparent violations during the inspection process to both management and workers. All parties must be informed if changes have been made in the facility since the complaint.
The inspector may use specialized equipment to measure environmental conditions such as sound levels, air quality, or lighting, and take notes and communicate the results. It is recommended that workers and management also take notes to record anything brought up during the inspection.
After the walk-around, the inspector should hold a closing conference with workers and management jointly, or first with the workers and then with the employer if held separately.
OSHA will outline and explain “apparent violations,” ways to address hazards, timelines, and possible fines. A second closing conference may also be held if information such as sampling analysis results are not immediately available.
The inspector will also advise the employee representative about their rights, what to expect from the employer, and their available options depending on how their employer responds to the citations.
An OSHA citation is simply a document issued by OSHA to an employer that outlines their violations of any standard or regulation with associated fines, if any. The employer must then post a copy of each OSHA citation at or near the location where a violation occurred for 3 days or until the violation is addressed, whichever is longer. Citations are not penalties for an injury or fatality; they are issued because of compliance issues. Again, OSHA fines help keep workers safe, not make money.
OSHA has the right to issue a citation with or without financial penalties to any employer covered under the OSH Act that has violated its standards or regulations. Under normal circumstances, OSHA has 6 months after the occurrence of any violation to issue a citation. The citation must be mailed to employee representatives no more than 1 day after it has been sent to the employer. Any employee can request a copy of the citation.
OSHA penalties for violations of the OSH Act vary greatly based on various factors and may even lead to prosecution for criminal liability by the Department of Justice (DOJ). A quick answer to the minimum and maximum fines are from zero to millions of dollars. OSHA will evaluate the fine based on statutory factors, including the gravity of hazards, the employer's good faith, the business's size, and the history of violations.
OSHA can issue a citation for an “other-than-serious” violation without any fines or $0, but up to a maximum civil penalty of $14,502. “Serious” violation penalties range from $1,036 to $14,502 per violation, while “Willful or Repeated” violations range from $10,360 to $145,027. Also, “failure to abate” violations may carry penalties of a maximum of $14,502 per day (usually up to a maximum of 30 days)!
If there has been an immediate death at a facility, it must be reported to OSHA within 8 hours, and a fatality inspection must take place. OSHA will conduct an immediate investigation to evaluate whether the employer has a responsibility or whether OSHA standards or guidelines were violated. It must then be demonstrated that measures have been taken to ensure the same incident cannot occur again.
When immediate death or serious harm is likely, an imminent danger inspection must take place. Imminent danger hazards are a top priority for OSHA and warrant a prompt inspection to prevent injury or fatality from occurring.
OSHA offers an online tool that enables anyone to search for OSHA enforcement inspections by the establishment's name, the industry, or an inspection identifier.
For fiscal year 2022, OSHA has revealed these to be top 10 most frequently cited workplace safety violations:
Rank |
Violation type |
Nb of violations |
| 1 | Fall Protection — General Requirements (1926.501) | 5,260 |
| 2 | Hazard Communication (1910.1200) | 2,424 |
| 3 | Respiratory Protection (1910.134) | 2,185 |
| 4 | Ladders (1926.1053) | 2,143 |
| 5 | Scaffolding (1926.451) | 2,058 |
| 6 | Lockout/Tagout (1910.147) | 1,977 |
| 7 | Powered Industrial Trucks (1910.178) | 1,749 |
| 8 | Fall Protection — Training Requirements (1926.503) | 1,556 |
| 9 | Personal Protective and Lifesaving Equipment — Eye and Face Protection (1926.102) | 1,401 |
| 10 | Machine Guarding (1910.212) | 1,370 |
Source:
https://www.nsc.org/newsroom/osha-reveals-top-10-safety-violations-for-fiscal-y
On September 9, 2021, Joe Biden and his administration mandated the Department of Labor’s OSHA to develop an Emergency Temporary Standard (ETS) that would require all employees of companies with more than 100 employees to be vaccinated and provide negative COVID-19 tests every week. Employers must also provide employees paid time off to get vaccinated or recover from COVID-related symptoms.
However, as of January 26, 2022, OSHA has withdrawn the vaccination and testing ETS. Although the agency is no longer executing the mandate as an enforceable standard, workers are still encouraged to vaccinate against workplace exposure to the coronavirus.
For more information on OSHA’s COVID vaccine mandate:
https://www.osha.gov/coronavirus/ets2
OSHA requires covered employers with 10 or more full-time employees to log all work-related injuries and illnesses annually. This is the OSHA Log of Injuries and Illnesses, or the OSHA Form 300.
The OSHA Form 300 is a form for employers to record all injuries and illnesses that occur in the workplace, the time and location of the occurrence, the nature of the case, the full name and job title of the employee, and the number of days away from work or on restricted or light duty, if any, because of the injury or illness.
Employers must record cases of work-related fatalities, injuries, and illnesses in OSHA Form 300 if they involve:
A Safety Data Sheet, formerly called Material Safety Data Sheet (MSDS), is a document that provides more detailed information about the hazards of specific materials and chemicals than regular labels. It also offers advice on precautions to prevent serious health or injury issues.
The manufacturer or importer of the product usually prepares a Safety Data Sheet. Still, an employer may also prepare it if the hazardous material (HAZMAT) is unique to its workplace. The employer must legally provide all related SDSs in English to its workers at a minimum.
Companies with more than 10 employees must keep a record of all serious work-related injuries and illnesses. But what are they?
Forklifts are among the most prevalent types of vehicles in warehousing, manufacturing, and other commercial and industrial facilities. Forklifts are also the most common source of damage to pallet racking, which can eventually lead to a rack collapse (view Top Warehouse Rack Collapse Videos).
Forklift drivers should be periodically trained so they are aware of best practices to avoid accidents and injuries. Employers must ensure that each powered industrial truck operator is competent to operate a vehicle safely, as demonstrated by successfully completing the training and evaluation specified in 29 CFR 1910.178(l)(1).
By completing a minimum of 7 courses at the OSHA Training Institute (OTI), participants may earn OSHA’s Safety and Health Fundamentals Certificates for Maritime (77 hours), or Construction and General Industry (68 hours).
Employee OSHA 10 or OSHA 30 certifications do not exist; it is a misconception that OSHA issues them. If a job requires an employee to be OSHA 10 or OSHA 30 certified, the employer wants proof that a candidate has completed one of the OSHA Outreach Training Program courses and has received a completion card.
OSHA does not issue certifications for OSHA 10 or OSHA 30 courses. As the courses are voluntary, they don’t meet the training requirements outlined in any OSHA standards (that employers must follow).
Still, even if OSHA doesn’t approve the use of “OSHA 10 certification” or “OSHA 30 certification,” they are often used in the field when referring to outreach training.
The OSHA 10-hour courses teach entry-level general industry and construction workers basic safety and health. The training is part of the OSHA Outreach Training Program and educates workers on serious workplace hazards, workers’ rights, employer responsibilities, and how to file an OSHA complaint. It is available online 24/7 and can be completed at home at the student’s pace. At the end of the course, the student earns an official OSHA 10 plastic card (sent by mail) from the U.S. Department of Labor (DOL) — often required in the construction industry.
The OSHA 30-hour courses teach supervisors in construction, manufacturing, factory operations, health care, and general industry how to avoid workplace safety and health risks. The training covers general worksite safety, avoiding common hazards, understanding workers’ rights, and employer responsibilities. It is available online 24/7 and can be completed at home at the supervisor’s pace. At the end of the course, the student earns an official OSHA 30 plastic card (sent by mail) from the U.S. Department of Labor (DOL) — often required in construction work supervision and other industries.
OSHA 10-hour and 30-hour cards do not expire and are good for life. However, some employers may require workers or supervisors to retake a course after 3 or 5 years to ensure that the knowledge is still fresh and that any updates to the training are acquired. Some employers will not accept cards issued more than 5 years ago when hiring new employees.
OSHA requires employers to offer safety training to workers who face hazards on the job. OSHA creates training material, distributes training grants, and provides training through OSHA-authorized education centers.
OSHA is dedicated to creating a dynamic and diverse workforce. The easiest way to learn about job openings is to visit the Career section on OSHA’s website and search for openings.
There are several requirements to become an OSHA inspector. At a minimum, you must have earned a bachelor’s degree, have at least one OSHA certification, and have real-world experience as an inspector.
Contact OSHA by phone at 1-800-321-6742 (OSHA).
You can write to OSHA at the following address:
U.S. Department of Labor
Occupational Safety & Health Administration
200 Constitution Avenue, NW
Room Number N3626
Washington, D.C. 20210
To find an OSHA office by State:
https://www.osha.gov/contactus/bystate
For other ways to contact OSHA:
https://www.osha.gov/contactus
OSHA is a large federal agency created more than 50 years ago by the OSH Act to improve workplace safety nationwide. Its impact on safety has been tremendously positive. But because of its complexity and the powers it was given, it is often feared and misunderstood. We sometimes need to be reminded that OSHA’s mandate is to help all parties, employers and employees alike, and to ensure safety in the workplace by minimizing hazards and preventing health issues, injuries, and casualties.
If you need help understanding OSHA standards or how to meet them, many local and national service providers or consultants can help. Visit OSHA’s website for information on On-Site Consultation, Cooperative Programs, and Compliance Assistance Specialists (CAS).
Finally, remember that since an OSHA inspector can show up at any given time without notice, your best way to prepare is to ALWAYS comply with OSHA regulations.
If you need help preparing your warehouse and pallet racks for an OSHA inspection, look at our webinar on How to Prepare Your Warehouse for an OSHA Visit.
https://www.osha.gov/aboutosha
https://www.osha.gov/data/commonstats
https://www.osha.gov/sites/default/files/publications/OSHA3973.pdf
https://www.osha.gov/sites/default/files/2018-12/fy10_sh-20853-10_osha_inspections.pdf
https://www.osha.gov/sites/default/files/OSHAorgchart.pdf
https://www.osha.com/blog/osha-meaning
https://www.osha.gov/sites/default/files/publications/OSHA3514.pdf
https://www.osha.gov/sites/default/files/2018-12/fy11_sh-22246-11_OSHAForm300.pdf
https://www.osha.gov/stateplans/faqs
https://www.osha.gov/sites/default/files/publications/osha2254.pdf
https://www.osha.gov/laws-regs/oshact/toc
https://www.osha.gov/sites/default/files/publications/OSHA3812.pdf
https://www.osha.gov/sites/default/files/publications/newbusinesses-factsheet.pdf
https://www.bls.gov/news.release/pdf/osh.pdf
https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration
https://en.wikipedia.org/wiki/United_States_Department_of_Labor