This material is for training purposes only. Its purpose is to inform employers and employees of best practices in occupational safety and health and general OSHA compliance requirements. This material is not a substitute for any provision of the Occupational Safety and Health Act or any standards issued by OSHA.
 MODULE ONE: OVERVIEW OF EMPLOYER RESPONSIBILITIES
Suggested Reading
You are encouraged to review one or more of the following texts if interested in continued professional development in this subject area.
Course Outline
Welcome to the course. As an "agent of the employer" the supervisor assumes the responsibilities of the employer to the degree he or she has been given authority. This first module will introduce you to some of the basic employer responsibilities to OSHA law, and the obligations the employer and employees have to each other. Fulfilling these obligations is a function of competent management and leadership: the theme throughout the entire course.
Safety is very smart business!
Although, we're discussing what the legal obligations the employer has in this module, it's important not to lose sight of the fact that "doing safety" to primarily avoid OSHA violations and penalties is probably the least effective safety management approach. Employers that understand the long term financial and cultural benefits derived from world-class safety management and leadership will develop a proactive safety and health system that employs strategies that not only meet OSHA requirements, but far exceed them. You can find out more about developing effective safety systems in Course 700.
The Supervisor is the Key
| The supervisor is the person who can take immediate, direct action to make sure that his or her work area is safe and healthful for all employees. In his text, Occupational
Safety and Health Management, Thomas Anton relates that the supervisor bears the greatest responsibility and
accountability for implementing the safety and health program because it is he or she who works most directly with the employee.
It is important that the supervisor understand and apply successful management and leadership principles to make sure
their employees enjoy an injury- and illness-free work environment. Management may be thought of as applying organizational skills, while leadership involves effective human relations skills. |
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What does the law say?
As detailed in the Section 5 (The General Duty Clause) of the OSHA Act of 1970, the employer is assigned responsibility and held accountable to maintain a safe and healthful workplace.
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| Excerpt: Public Law 91-596, 91st Congress,
S. 2193, December 29, 1970.
An Act
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'.
Section 5
(a) Each Employer -
(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
(2) shall comply with occupational safety and health standards promulgated under this act.
(b) Each employer shall comply with occupational safety and health standards and all rules, regulations, and orders
issued pursuant to this Act which are applicable to his own actions and conduct.
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Employer Responsibilities
As you can see, employers have clearly defined responsibilities under the Occupational Safety and Health Act of 1970. The following list is an expansion on those basic responsibilities that are stated throughout the OSHA standards.
- Provide a workplace free from recognized hazards. A recognized hazard may be thought to be one that is known by, or should be known by the employer. Conditions and practices generally known to be hazardous in an industry. Ultimately, fulfilling this requirement is a function of sound management and leadership. We'll be addressing effective management throughout the course, and leadership more specifically in Module 8.
- Examine workplace conditions to make sure they conform to applicable OSHA standards. What are workplace "conditions?" Things, states of being. Hazardous conditions include tools, equipment, workstations, materials, facilities, environments, and people. Employees who, for any reason, are not capable working safely should be considered hazardous conditions in the workplace. Identifying hazards will be covered in Module 2.
- Minimize or reduce hazards. OSHA expects the employer to first consider engineering controls to eliminate or reduce hazards. Work practice, administrative controls, and personal protective equipment are also strategies used to minimize or reduce hazards. We'll be addressing this important responsibility in Module 3.
- Make sure employees have and use safe tools and equipment and properly maintain this equipment. How does the employer "make sure" this responsibility is fulfilled. Adequate supervision means identifying and correcting hazardous conditions and unsafe work practices before they result in injuries. Successfully meeting this responsibility will be covered in Module 4.
- Use color codes, posters, labels or signs to warn employees of potential hazards. Remember, warnings are just that...they warn, but do not prevent exposure to hazards. Be sure warnings describe the consequences of exposure or behavior.
- Establish or update operating procedures. Is OSHA talking about a comprehensive safety program? Although it not yet required by OSHA standards, it's very smart business to develop a comprehensive written plan that addresses commitment, involvement, identification, control, analysis, evaluation activities. Typically, first-line supervisors are not involved in developing comprehensive safety plans unless they are members of a safety committee
- Communicate safety policies, procedures, and rules. This requirement is necessary so that employees follow safety and health requirements. The supervisor is a key player in communicating safety expectations. Although the safety committee and safety coordinator may provide help in fulfilling this responsibility, do not assume it's solely their job. Effective safety communications will be addressed in Module 4.
- Provide medical examinations and training when required by OSHA standards. Respiratory protection, bloodborne pathogens, and other rules may require examinations.
- Provide adequate safety education and training. Of course, any exposure to hazards requires training. Safety education at all levels of the organization is critical to a successful safety culture. More on this topic in Module 5.
- Report fatalities and catastrophes to the nearest OSHA office within 8 hours. This requirement includes any fatal accident or one that results in the hospitalization of three or more employees. If you work in a "state plan" state, your OSHA laws may include additional reporting requirements.
- Keep records of work-related injuries and illnesses. Provide employees, former employees and their representatives access to the OSHA Form 300 at a reasonable time and in a reasonable manner, and post the OSHA Form 300-A summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.
- Provide access to employee medical records and exposure records. Access should be provide to affected employees or their authorized representatives.
- Not discriminate against employees who exercise their rights under the Act. Employees have a legal right to communicate with OSHA. No employee should be subject to restraint, interference, coercion, discrimination or reprisal for filing a report of an unsafe or unhealthful working condition. More on this later in the module.
- Post OSHA citations at or near the work area involved. Each citation must remain posted until the violation has been corrected, or for three working days, whichever is longer. Post abatement verification documents or tags. Correct cited violations by the deadline set by OSHA citation and submit required abatement verification documentation.
Of course, these are not all of the employer responsibilities, but this summary does present those general responsibilities each employer has to both the law and their employees. The list above reflect that fact that the employer has control of work and workplace conditions. Tied to that control is accountability. On the other hand, what general responsibilities do employee have to their employer?
Employee Responsibilities
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Although OSHA does not cite employees for violations of their responsibilities, each employee must comply with all occupational safety and health standards and all rules, regulations, and orders issued under the Act that are applicable. Employee compliance is not likely unless the employer holds it's employees accountable. Think of it this way: The employer is held accountable to OSHA standards. The employee is held accountable to the employer standards.
One effective strategy for communicating this "chain of command" for accountability is for the employer to use language stressing that employees comply with the "company's safety rules" rather than the OSHA rules. Instead of having an "OSHA Manual," construct an "XYZ, Inc. Safety Manual." |
Following this strategy to communicate responsibilities is important for a couple of reasons:
- Employees at all levels should clearly understand the "chain of command" they for accountability in the workplace.
- The employer communicates the message that they are doing safety because the want to out of concern for their safety, not because they have to merely to comply with the law.
According to OSHA law, employee's should do the following:
- Follow all lawful OSHA and employer safety policies and rules.
- Report hazardous conditions to the supervisor.
- Report immediately any job-related injury or illness to the employer, and seek treatment properly.
Discrimination Against Employees Who Exercise Their Safety and Health Rights
Workers have the right to complain to OSHA and seek an OSHA inspection. Section 11(c) of the Occupational Safety and Health Act of 1970 authorizes OSHA to investigate employee complaints of employer discrimination against those who are involved in safety and health activities. OSHA also is responsible for enforcing whistleblower protection under ten other laws. OSHA Area Office staff can explain the protections under these laws and the deadlines for filing complaints. Workers in the 23 states operating OSHA-approved State Plans may file complaints of employer discrimination with the state plan as well. State and local government workers in these states (and two others with public employee only state plans) may file complaints of employer discrimination with the state.
Some examples of discrimination are firing, demotion, transfer, layoff, losing opportunity for overtime or promotion, exclusion from normal overtime work, assignment to an undesirable shift, denial of benefits such as sick leave or vacation time, blacklisting with other employers, taking away company housing, damaging credit at banks or credit unions and reducing pay or hours.
Refusing to do a job because of potentially unsafe workplace conditions is not ordinarily an employee right under the OSH Act. (Your union contract or state law may, however, give you this right, but OSHA cannot enforce it.) Refusing to work may result in disciplinary action by your employer. However, employees have the right to refuse to do a job if they believe in good faith that they are exposed to an imminent danger. "Good faith" means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe that it did exist.
Most discrimination complaints fall under the OSH Act of 1970 that gives the employee only 30 days to report acts of discrimination. OSHA conducts an in-depth interview with each complainant to determine the need for an investigation. If evidence supports the worker's claim of discrimination, OSHA will ask the employer to restore the worker's job, earnings and benefits. If the employer objects, OSHA may take the employer to court to seek relief for the worker.
Well, it's time for your first module quiz. This quiz will help you determine if you have retained some of the more important key concepts discussed in the module. If you find it difficult to answer the questions, just scroll back up the screen, do some review, and come back to the quiz.
Take the Review Quiz
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