Posted on: May 30, 2023
What Are OSHA Requirements for Small Business Owners?
Are you a small business owner? Do you wear multiple hats and juggle various responsibilities to keep your business at its best? In the midst of all your hard work and multiple obligations, it's essential not to overlook the safety and well-being of your employees.
This is where the Occupational Safety and Health Administration (OSHA) comes into play. However, understanding and complying with OSHA requirements for small business owners can be particularly challenging for those with limited resources and expertise in this area.
In this blog, we aim to demystify OSHA requirements specifically tailored for small business owners like you. We will explore your fundamental responsibilities as an employer to ensure a safe working environment and navigate the complex terrain of workplace safety regulations.
Who Is Exempt From OSHA Regulations?
OSHA is the federal agency that establishes regulations to ensure workplace safety and health.
OSHA regulations apply to a wide range of businesses and industries. Most private sector employers and their workers generally fall under OSHA, including small businesses.
If your business employs individuals, it is likely subject to federal OSHA regulations. While there are exceptions which we’ll go into detail later, most companies must adhere to OSHA's safety and health requirements.
Some industries have specific OSHA standards tailored to their unique hazards. For example, construction companies must adhere to regulations specific to the construction industry, while healthcare facilities have guidelines designed to address the risks that exist in that field. However, the core principles of workplace safety, such as hazard communication, recordkeeping, and providing a safe working environment, apply universally to all covered businesses.
Whether you run a small manufacturing workshop, a boutique store, or a tech startup, it's crucial to understand that OSHA regulations are relevant to your business. Compliance with these regulations not only ensures the well-being of your employees but also helps you avoid penalties, reduce accidents, and create a culture of safety within your organization.
Which Businesses Are Covered by Osha Regulations?
Certain small businesses may also be considered exempt from OSHA regulations. Specifically, companies with ten or fewer employees are partially exempt from some of OSHA's requirements unless OSHA or the Bureau of Labor Statistics requests them in writing. However, they must still comply with the more serious hazards outlined by OSHA standards. This partial exemption grants these small businesses some relief from specific obligations outlined by OSHA.
The determination of your company's size by OSHA is based on the number of employees you had during the previous calendar year. If your peak employment did not exceed 10 employees, you are generally not required to maintain records for the current year.
Moreover, small businesses of this size are typically exempt from routine OSHA inspections. However, it's important to note that there are exceptions to this reporting rule. If any fatalities occur in your workplace or if three or more of your employees are hospitalized within one calendar year, you will be required to file OSHA reports in these specific circumstances.
What Businesses Does OSHA Not Cover?
Many businesses and industries must adhere to OSHA's safety and health requirements. However, there are exceptions, such as self-employed individuals, public sector employees, and family members working on farms.
Let’s dig a little deeper into these exceptions.
Self-Employed Individuals
OSHA regulations primarily focus on employers and employees in a traditional employment relationship. Self-employed individuals who work alone and do not have any employees are generally not covered by OSHA. However, if a self-employed person hires employees, those employees would be subject to OSHA regulations.
Public Sector Employees
OSHA does not have direct jurisdiction over public sector employees, such as those working for federal, state, or local government agencies. Instead, these employees are typically covered by separate state-run occupational safety and health programs designed to provide similar protections.
Family Members Working on a Farm
OSHA has specific exemptions for immediate family members who work on family-owned farms. These exemptions apply to family members, such as parents, children, and spouses, who are directly related to the farm's ownership and are not employed by others outside the immediate family.
Even if your business falls under an exemption, it's still highly recommended to prioritize workplace safety and take necessary measures to protect your employees' well-being. OSHA provides resources and guidance, such as their small business employee safety handbook, that can be valuable in creating a safe working environment, regardless of exemption status.
What Does OSHA Require Small Businesses to Provide?
As we know, OSHA (Occupational Safety and Health Administration) has established requirements that small business owners must comply with to ensure workplace safety and health. But what are the OSHA requirements for small business owners? While the specific requirements may vary depending on the nature of the business and industry, some essential OSHA requirements for small business owners include:
Provide a Safe and Hazard-Free Workplace
Small business owners have a responsibility to maintain a safe working environment for their employees. This includes identifying and addressing potential hazards, implementing safety measures, and regularly inspecting the workplace to ensure compliance with OSHA standards.
Communicate Safety Information
OSHA small businesses must effectively communicate safety information to employees. This involves providing training on potential workplace hazards, proper use of equipment and machinery, emergency procedures, and any relevant OSHA standards specific to the industry.
Recordkeeping
OSHA requires small businesses to maintain accurate records of work-related injuries, illnesses, and fatalities. This includes maintaining injury and illness logs (OSHA Form 300), incident reports, and other relevant documentation as outlined by OSHA regulations.
OSHA Posters
Small business safety relies on owners to display OSHA posters or notices in a prominent location within the workplace. These notices inform employees of their rights, such as the right to a safe workplace and the right to access relevant OSHA standards and regulations.
Protect Employees From Hazardous Substances
Small business owners must assess and control potential exposure to hazardous substances in the workplace. This includes providing personal protective equipment (PPE) where necessary, implementing proper labeling and handling procedures for hazardous chemicals, and ensuring compliance with OSHA's Hazard Communication Standard.
Training and Education
OSHA mandates that small businesses provide proper training and education to their employees regarding workplace safety. Employers are responsible for ensuring that employees receive OSHA training on the specific safety and health aspects relevant to their workplace.
This training should cover potential hazards that exist in the work environment. All new employees, supervisors, and top management must be knowledgeable about the hazards present in and around the workplace.
As an OSHA-authorized online training provider for over 20 years, we offer OSHA 10 and 30 courses for construction and general industry, as well as training on individual standards. Our training programs will put your mind at ease, knowing that you are well-prepared and your documentation is in order.
For more information on OSHA requirements for small businesses, refer to the OSHA small business handbook.