In any high-risk industry, safety is – and should be – a going concern for most employers. When heavy machinery, power tools and working at heights are all necessities, there’s a chance that someone could get hurt. To help prevent these accidents from happening, the Occupational Safety and Health Administration have established laws and regulations outlining basic safety compliance for every industry.
To ensure this compliance is met, OSHA conducts regular audits and inspections to root out any negligence or unaddressed hazards. If an inspector finds a job site isn’t meeting basic compliance, they’ll serve up a citation, which could also include a fine.
In 2022, OSHA conducted 32,408 inspections, many resulting in penalties for unsafe conditions. The maximum penalty for a serious violation as of 2023 is $15,625 per violation. If you’re the type of employer that willfully ignores citations or allows repeated violations, you could see fines of up to $156,259 per violation at the maximum.
Don’t be the guy that burns money and good will to cut some corners on safety. Aside from a legal compulsion, OSHA compliance leads to greater return on investment, increased productivity, and forms a foundation for a strong safety culture. Let’s get into it.
Who is Responsible for OSHA Compliance?
OSHA compliance is a critical responsibility borne by employers under the Occupational Safety and Health Act of 1970 (OSH Act). The law mandates that employers provide a workplace free from recognized hazards that could cause death or serious physical harm. This duty is not optional; it is a legal requirement with significant consequences for non-compliance.
Employers are tasked with implementing OSHA standards across all operations. This involves:
Providing Proper Resources: Ensuring access to necessary equipment, tools, and technology to maintain safety protocols. Employers need to make sure PPE is in good quality and available for all employees.
Employee Training: Equipping employees with the knowledge and skills to perform their roles safely. Training is essential, as lack of awareness is a leading contributor to workplace incidents.
Recordkeeping: Employers are required to keep records of all accidents, injuries and illnesses. These records are submitted to OSHA at the end of the year but may need to be on hand in the event of a serious accident.
Correct Violations and Citations: As part of maintaining a safe, risk-free workplace, any safety violations need to be corrected within a reasonable timeframe (or appealed). If employers don’t take steps to correct these issues, it could lead to increased fines, legal action, or business closures.
When an organization fails to meet OSHA standards, the liability squarely rests on the employer. They are held accountable not only for direct non-compliance but also for failing to anticipate and mitigate risks. This isn’t just a threat to employees either – negligence to comply with OSHA standards can be a massive financial burden, as well as a significant reputational issue.
Why OSHA Compliance Matters
Ensuring OSHA compliance extends beyond avoiding fines; it is about fostering a safe, productive, and legally secure workplace. The ripple effects of a compliant workplace benefit not just the employer but also employees, customers, and the broader community. Here are just a few reasons why OSHA compliance matters on high-risk job sites.
A Safe Workplace is a Productive Workplace
Studies consistently show that safer workplaces lead to higher productivity levels. Employees who feel secure and valued are more likely to be engaged, reducing absences and turnover. According to Liberty Mutual’s 2023 Workplace Safety Index, workplace injuries cost U.S. businesses over $58 billion annually in direct costs. Investing in safety can help reduce these losses, improve productivity, and increase the return on investment (ROI) of safety.
Fewer Accidents and Injuries
Maintaining OSHA compliance also reduces the likelihood of workplace injuries and fatalities. The Bureau of Labor Statistics (BLS) reported that in 2021, private industry employers experienced 2.6 cases of nonfatal injuries or illnesses per 100 full-time workers, marking a decline due to improved safety measures. Taking steps to reduce or prevent injuries also keeps workers on the job, increasing overall productivity.
Reduced Legal Risks
Employers who fail to comply with OSHA standards expose themselves to legal liabilities, including negligence lawsuits. Lawsuits arising from workplace injuries can cost businesses millions in settlements, legal fees, and reputational damage. OSHA and the government also stand behind any workers who are affected by negligence, so these settlements are best avoided by maintaining compliance.
Fewer Fines and Compensation Payouts
Fines for OSHA violations are steep and can devastate small businesses. These fines can vary based on severity and how often they happen on your job site, too, eventually adding up and cutting into your bottom line. You know what’s cheaper than shelling out $16k per fall violation? A few hundred bucks for a fall arrest harness or guardrails.
Even small incidents and injuries, like a strained back or a short fall, can lead to significant Worker’s Compensation claims. The National Safety Council reports that the average cost for all claims combined for accidents in 2021-2022 was $44,179. Beyond the financial penalty, these fines can also damage a company’s reputation, making it harder to attract clients and talent.
What Happens If You’re Not Compliant with OSHA Standards?
Failing to adhere to OSHA regulations can lead to severe repercussions. The consequences span financial, operational, and reputational domains, making it imperative for businesses to prioritize compliance. Here are some possible consequences for violating OSHA standards.
Increased Risk of Accidents, Injuries, and Death
Non-compliance creates unsafe work environments where accidents and injuries are more likely. Beyond the human toll, workplace incidents disrupt operations and diminish morale. According to the BLS, in 2022, 5,486 workers died on the job in the U.S. This represents a 5.7% increase over the previous year – fatal accidents are increasing in frequency.
Non-compliant workplaces are also more likely to have higher injury rates. Like we previously mentioned, this can lead to increased workers’ compensation claims and insurance premiums. These can result in high costs per incident, which will affect available funds and profits across your organization. Injuries can also affect your reputation – if everyone is getting hurt on your job sites, word will get around, resulting in a smaller hiring pool to replace the workers who got hurt in the first place.
OSHA Audits and Fines
Failure to meet compliance standards often results in OSHA inspections. These audits can uncover violations leading to costly fines. In 2022, OSHA’s Top 10 Most Cited Violations included fall protection, respiratory protection, and hazard communication. Violations in these areas alone accounted for over $16,000 in fines per violation as of 2024.
Exposure to Negligence Lawsuits
Employee families may sue for negligence if an injury or fatality occurs in a non-compliant workplace. According to Novian, an average injury suit is brought on by employer negligence and costs about $40,000 on average. In serious cases, settlements can reach millions of dollars. Thanks to a lengthy news cycle, the company’s public image could also be shredded. Simply put, taking the time to reduce negligence in your organization will reduce legal liability.
Reduced Efficiency and Productivity
If your workers are regularly out recovering from injuries and illnesses sustained on the job, you’re not going to get anything done. Your insurance rates will rise, and productivity will drop. Missed deadlines could result in soured business relationships, ultimately making it harder to bring in new projects. Overall, accidents and injuries can affect overall profit margins, which can threaten long-term success.
While it may seem expensive or a hassle to follow or exceed safety regulations, it pays off in the end. Remember – for every dollar spent on safety, you’ll see $4 in return. In the long run, staying safe maintains productivity and profits, leading to success.
How OSHA Regulations Prevent Serious Injuries and Illnesses
OSHA regulations are designed to proactively address workplace hazards, reducing the risks of serious injuries and illnesses across various industries. By implementing enforceable standards and encouraging best practices, OSHA has been instrumental in reducing common workplace dangers like slips, trips, falls, electrocution, respiratory hazards, and heavy machinery accidents.
Let’s see how OSHA regulations specifically target and prevent serious incidents.
Slips, Trips, and Falls
Slips, trips, and falls are among the leading causes of workplace injuries, particularly in industries like construction and warehousing. In 2022, fall injuries accounted for 16.3% of all nonfatal workplace injuries, affecting over 221,400 workers, according to the Bureau of Labor Statistics (BLS).
OSHA’s fall protection standards (29 CFR 1926 Subpart M) mandate that employers implement safeguards to prevent falls from heights and protect workers from tripping hazards on the same level. Requirements include:
- Guardrails and Safety Nets: To prevent falls from elevated workspaces over six feet.
- Housekeeping Standards: Employers must ensure walkways are free from clutter, spills, and uneven surfaces.
- Training Programs: Employees must be educated in recognizing and mitigating fall hazards.
- Proper PPE and Fall Protection: If working at any height greater than 4 feet, employees should wear fall protection that will prevent serious injuries if they fall. Guardrails and secure ladders can also ensure the frontline stays safe while working at heights.
Electrocution
Electrocution is one of OSHA’s “Fatal Four” hazards in construction. Electrocution led to 396 fatalities in 2022, making up 6% of all workplace deaths. OSHA’s electrical safety regulations (29 CFR 1910 Subpart S) and construction-specific standards (29 CFR 1926 Subpart K) are designed to prevent electrocution incidents through:
- Lockout/Tagout Procedures (LOTO): These ensure machinery is properly de-energized during maintenance.
- Insulation and Grounding: All electrical tools and equipment must be adequately insulated and grounded.
- Distance from Power Lines: OSHA requires maintaining safe distances from live wires and using warning signage.
Respiratory Hazards
Respiratory hazards like silica dust, asbestos, and chemical fumes pose significant risks in industries like construction, manufacturing, and agriculture. In some instances, these hazards can lead to severe, sometimes incurable, conditions like cancer or silicosis.
OSHA estimates that its silica standards, introduced in 2016, save over 600 lives annually and prevent 900 cases of silicosis each year by reducing exposure limits. OSHA’s standards for respiratory protection (29 CFR 1910.134) ensure workers are safeguarded from airborne contaminants through:
- Respiratory Protection Programs: Employers must assess risks and provide appropriate respirators.
- Engineering Controls: These include ventilation systems, dust suppression methods, and substituting harmful chemicals with less toxic alternatives.
- Medical Evaluations and Fit Testing: Ensuring employees are medically fit to use respirators and that the devices provide a secure seal.
Heavy Machinery
Operating heavy machinery presents risks such as rollovers, struck-by accidents, and entanglement injuries. According to the National Safety Council, machinery-related accidents made up over 16% of all work-related accidents in 2020. Maintaining proper compliance has been shown to drastically reduce these incidents, though.
OSHA’s machinery safety standards (29 CFR 1910 Subpart O) require:
- Machine Guarding: These physical guards protect operators from moving parts that could pinch, crush or sever body parts.
- Safety Devices: Installation of warning systems, emergency shut offs, and sensors.
- Operator Training: Employees must be trained in safe operation, maintenance, and emergency protocols. They should also know how to work around machinery to avoid being struck or crushed.
OSHA regulations work by addressing the root causes of these hazards, requiring proactive measures like engineering controls, PPE, and regular employee training. These measures not only save lives but also significantly reduce workplace injury rates, ensuring safer working environments across industries.
Why State OSHA Plans Matter
State OSHA plans operate alongside federal OSHA, providing localized occupational safety and health programs tailored to meet the needs of specific states or territories. These plans are approved and monitored by federal OSHA to ensure they are “at least as effective” as federal standards. Currently, 22 states and jurisdictions run their own OSHA-approved plans covering private and public sector workers, while an additional 6 states have public sector-only plans.
State plans usually implement regulations that go beyond federal OSHA standards. Rule of thumb is that federal regulations act as a baseline, while state regulations allow for stricter rules tailored to unique conditions in each state. For example, California’s Division of Occupational Safety and Health enforces stricter heat illness prevention rules, requiring shaded rest areas and mandatory hydration breaks for outdoor workers in high temperatures. On the other hand, Washington State OSHA mandates stricter ergonomic protections not covered under federal rules.
For businesses operating in multiple states, understanding these differences is essential to maintain compliance. As you’re brushing up on OSHA regulations, keep these extra responsibilities in mind:
- Reviewing state-specific standards and how they differ from federal requirements.
- Maintaining centralized compliance tracking systems to manage regulations across various jurisdictions.
- Providing tailored training for employees in each state to meet specific standards.
State OSHA plans enhance workplace safety through stricter policies. They also give states the flexibility to address unique regional risks, ensuring robust worker protection. With that said, federal and state OSHA regulations are considered the bare minimum for compliance. Any employer worth their salt, especially in a high-risk industry, should look for ways to go above and beyond basic safety compliance.
Why Should You Exceed OSHA Compliance?
It’s all fine and good to meet basic compliance. Adhering to OSHA standards means you’re taking steps to reduce incidents, shoring up liability, and improving the odds your workers get home safely every day. That said, most safety professionals agree that the standard of safety should push past basic requirements!
Why? Basic safety may prevent citations, but they won’t necessarily prevent incidents. As OSHA notes, it’s great to maintain compliance, but basic safety won’t bring back someone who dies in a potentially preventable accident. Exceeding minimum safety requirements demands more than going through the motions – company leadership needs to be invested in providing the best possible safety for their employees, and workers need to get involved in day-to-day safety management.
The major difference between basic compliance and exceeding compliance comes down to reactive and proactive measures. A compliant company will respond to accidents and injuries (and may prevent them) but doesn’t necessarily learn from the incident. In fact, they’ll likely still experience injuries, illnesses and fatalities, despite being compliant
A proactive company, however, will engage the entire workforce to identify hazards, take steps to prevent them, and offer more options and incentives for safety engagement. The benefit? You can actually protect your company and workforce from injuries and accidents that could slip through your basic compliance armor. The benefits? Stronger safety, improved productivity, increased ROI, and a sterling reputation for keeping employees safe.
How to Go Beyond Basic Compliance
So how do you exceed basic compliance? Simple beneficial actions can include small touches, like getting your crew Gatorade or ice pops in the summer to keep cool. It can also include overarching administrative planning, like providing access to digital management tools to improve the data you gather. Let’s talk about some easy ways to go above and beyond in safety.
- Hold regular audits: Don’t just wait for an OSHA inspector to drop in. Conduct your own regular safety audits to catch and correct hazards before they cause accidents.
- Take advantage of voluntary safety programs: Depending on your state, you may have access to optional safety programs sponsored by OSHA, like Indiana’s INSafe. These organizations provide additional training resources, consultants and incentives to reduce risk and incidents on your job site.
- Encourage a stronger safety culture: A proactive safety culture emphasizes continuous improvement and employee participation in safety initiatives.
- Bring in consultants: Hiring safety consultants or third-party auditors can provide an unbiased assessment of compliance gaps. Experts can also recommend industry best practices to enhance safety measures.
- Utilize technology: Safety management software can improve engagement and data quality by making it easier for safety managers and frontline workers alike to report hazards and incidents. Once data is collected, you can also use dashboards to identify trends and make smarter, safer decisions daily.
By understanding the legal, operational, and ethical implications of OSHA compliance, businesses can not only protect their workforce but also secure their reputation and bottom line. Going beyond mere compliance represents a commitment to excellence that benefits everyone involved.
See how Safety Mojo uses AI features to exceed basic compliance – schedule a free demo today.