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@110 CHAP 5
┌───────────────────────────────────────────────┐
│ OSHA -- EMPLOYEE SAFETY AND HEALTH REGULATION │
└───────────────────────────────────────────────┘
@Q "If you're going to sin, sin against God, not the
@Q bureaucracy. God will forgive you, but the bur-
@Q eaucracy won't." -- Admiral Hyman G. Rickover
As noted elsewhere in this program, employers are required
by state law in most states to carry workers' compensation
insurance for the protection of employees who develop job-
related illnesses or who are injured on the job. There are
also comprehensive and far-reaching federal laws that set
safety standards designed to prevent injuries that could
arise out of unsafe or unhealthy working conditions. The
main federal law regulating employee job safety is the
Occupational Safety and Health Act of 1970 (OSHA). The
Occupational Safety and Health Administration has issued
reams of regulations and standards for workplace safety
that employers are somehow supposed to understand and obey.
This program will not try to summarize those thousands of
pages of technical regulations. Instead, the following is
a summary of the highlights of some of the formal require-
ments and exemptions you should be aware of as a small
business owner under OSHA.
. NOTICE TO EMPLOYEES. OSHA requires that you post a
permanent notice to employees regarding safety on the
job. In some cases, you may be required to post a
second official poster about the rights of employees
who are punished by an employer for objecting to the
existence of unsafe working conditions.
. RECORDKEEPING REQUIREMENTS. Under OSHA, it is neces-
sary to keep a log of industrial injuries and illnesses.
The Federal OSHA Form 200 can be used to satisfy the re-
quirement. At the end of each year, the information in
the log must be summarized and posted prominently in
your workplace from February 1 to March 1. This re-
quirement was eliminated a few years ago for most re-
tail, financial, insurance, and service firms, but not
for the following types of firms:
. Building material and garden supply stores
. Food stores
. General merchandise stores
. Hotels and other lodging places
. Repair, amusement and recreation services
. Health services
Under OSHA, a Supplementary Record must be prepared af-
ter a recordable injury or illness occurs, using feder-
al Form 101 or any of the substitutes permitted to be
used for this purpose under @STATE law.
Neither of the above recordkeeping forms are ordinarily
filed with the government. Instead, these records must
be retained and kept available for inspection for five
years. Note that the recordkeeping requirements have
TEETH in them, in the way of potential heavy fines. A
recent newspaper article reported that a major U.S.
company, a meat packing company, had been assessed pro-
posed fines of over $2 million by OSHA for various al-
leged OSHA recordkeeping violations.
. EXEMPTION FROM RECORDKEEPING. The federal act exempts
small employers from most of the reporting and record-
keeping requirements, and treats any employer with 10
or fewer employees during the previous year as a "small
employer." (@NAME has @EMP employees.)
However, the requirements of keeping a log and report-
ing fatalities and multiple injuries are not exempted,
regardless of the number of employees.
. REPORTING REQUIREMENTS. Federal OSHA reporting require-
ments include the following:
. The Bureau of Labor Statistics may require cer-
tain selected employers (including "small employ-
ers") to report certain summary information on
job-related injuries and illnesses annually on
the "Occupational Injuries and Illnesses Survey"
form.
. In the event of a fatality or an accident re-
sulting in the hospitalization of five or more
employees, an employer must notify the area di-
rector of OSHA within 48 hours, describing the
circumstances of the accident, the extent of any
injuries, and the number of fatalities. There
are penalties in the event you fail to give
notice as required.
@CODE: CA
California has its own OSHA-type agency, called CAL/OSHA.
CAL/OSHA essentially takes over the federal OSHA functions
within the state, for the most part. CAL/OSHA's reporting
and recordkeeping requirements generally dovetail with the
federal OSHA rules, and you can even use the federal OSHA
forms in lieu of the CAL/OSHA forms.
Other CAL/OSHA requirements include:
. If any occupational injury or illness in California
results in lost work time beyond the day of injury
or in medical treatment other than first aid, you
must report it in duplicate within 5 days to your
insurance carrier on Form 5020 (or on the carrier's
own form). The copy of this completed form will
constitute your supplementary record that is required
for recordkeeping purposes.
. In case of death or severe injury to an employee from
an occupational injury or illness, you must immediate-
ly report it by phone or telegram to the nearest dis-
trict office of the California Division of Industrial
Safety.
. Employers in the construction business must obtain
special CAL/OSHA permits if erecting or demolishing
a structure over three stories high or doing excava-
tions five feet or deeper, in which a person is re-
quired to descend.
SAFETY PLAN REQUIRED. Senate Bill (S.B.) 198, a California
law which was enacted in 1989, required a relatively com-
plex written safety plan to have been adopted and been in
operation by July 1, 1991 for ALL employers in California,
regardless of size. Among other requirements, the company
safety plan must:
. Identify a person or people responsible for
implementing the plan;
. Identify and evaluate workplace hazards and
provide for periodic inspections to identify
unsafe conditions and work practices;
. Detail the employer's methods and procedures
for correcting unsafe or unhealthy conditions
and work practices;
. Implement an occupational health and safety
program designed to instruct employees in
generally safe and healthy work practices;
. Establish procedures to communicate with
employees on health and safety matters;
. Encourage employees to inform the employer
of hazards at the worksite without fear of
reprisal; and
. Have a system to ensure that employees
comply with safe and healthy work practices.
Employers without a written plan and someone to conduct
training and maintain the plan can be assessed a penalty
of up to $1000 (or $2000 if the violation is "of a
serious nature").
For help in getting into compliance with this law, order a
copy of the SB 198 HANDBOOK from the California Chamber of
Commerce for $52 (25% discount for members). Write to:
California Chamber of Commerce
Attention: Mark Mason
P.O. Box 1736
Sacramento, CA 95812-1736
Or call, toll-free, 1-800-331-8877
@CODE:EN
Some states also have a OSHA-type agency which enforces
similar, or in some cases, even more restrictive, health
and safety rules.