OSHA: Keeping Your Employees Safe
Whether you recently formed an LLC or incorporated a business, keeping your employees safe should top your priorities list. Small LLCs and large corporations are both required to comply with OSHA. The federal Occupational Safety and Health Act, also known as OSHA, requires every employer maintain a safe working environment for their employees.
It is a common misguided belief that only non-management employees are covered under OSHA. The truth is, just about every employee in your business regardless of structure (LLC, corporation, sole proprietor or general partnership) is protected under OSHA regardless of title, status or classification. This includes management, non-management, partners, officers, stock holders and even the family members that work for you. The exception is OSHA does not cover family members of farmers or independent contractors.
There are general OSHA rules that apply to everyone and then there are specific OSHA standards that only apply to certain industries. For example, construction, agricultural, maritime and the long shoring industries would have additional safety requirements to comply with. If your LLC or corporation falls into one of these industries you can obtain more information on requirements from the OSHA website.
The general OSHA guideline that your LLC or corporation must follow is, you must maintain a workplace that is free of hazards that you know or should know about that are likely to cause death or serious physical injury. These types of hazards are referred to as “recognized hazards”. Examples of hazards are:
- Toxic fumes or broken equipment
- Unsafe practices like not wearing safety glasses or the proper shoes in certain job types
- Lifting carpet or water spills without warning signs
OSHA protects your employees both on and off company property. If your LLC or corporation sends a worker off site the work site must be safe or the proper equipment must be provided to make your employee safe.
Just providing a safe work environment is not enough. OSHA requires your business to meet certain reporting, posting and record keeping requirements. In addition, you must post an OSHA poster that informs employees of their rights.
OSHA gives employees the right to take action to ensure they have a safe work environment and even gives them the right not to work if they face imminent danger. As the employer, must not retaliate if your employee exercises these rights. Doing so leaves your business open to fines, penalties or worse.
Some states have their own laws that dictate how employers must keep their employees safe. If your LLC or corporation is located in Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, or Wyoming then you must comply with state regulations.
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