Parapet Safety
occupational health and safety for your small business
When you build a new house, make a parapet around your roof so that you may
not bring the guilt of bloodshed on your house if someone falls from the roof.
Deuteronomy 22:8 OSHA 29 CFR 1926.501(b)(1)
Small Business Consulting to Help You Navigate the Maze of OSHA Regualtions
Is my small business exempt from OSHA regulation?
Only if you are a sole proprietor or partnership, and have no employees. If you have even one employee (including part-time, seasonal, and temporary workers), you have an obligation to provide "a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious harm." You may be exempt from some recordkeeping requirements depending on the size of your business or the type of business (based on the NAICS code of your business).
What forms am I required to submit to OSHA?
Thankfully, there are very few forms you must submit to OSHA. If you have 20 or more employees, you may be required to submit an annual summary of work-related injuries and illnesses. Additionally, you must submit certain records if OSHA sends a request for information or notification that you are subject to an individual data collection. If you've received a letter requesting information, give us a call - we'll help you understand what you need to do.
Additionally, you must notify OSHA (by telephone or electronic submission form) within eight hours of any work-related fatality at your business, or within 24 hours of any incident that results in hospitalization of any employee, as well as any amputations or loss of an eye.
What kind of records am I required to keep?
You are required to keep a record of all injuries and illnesses (and post the record each year), unless you have 10 or fewer employees or are engaged in some forms of retail trade, finance, insurance, real estate, and service industries. You must also keep any records of injuries and illnesses provided to you by any previous owners.
You are required to keep a record of any incident that results in a fatality, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or a significant injury or illness diagnosed by a physician or other licensed health care professional.
You are also required to maintain a variety of records for employee training, hazard assessments, and inspections of certain equipment, but you do not have to send them to OSHA (they must be available during an inspection).
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When will OSHA inspect my business?
OSHA maintains a confidential schedule of inspections and the workplaces on that schedule are determined randomly, so there is no way to know when they may show up. There are other events that may also trigger an inspection. Employee complaints may result in a letter from OSHA asking for a response, or they may conduct an unannounced visit. An accident that results in work-related fatality or serious injuries may also prompt OSHA to conduct an on-site investigation.
If OSHA does conduct an inspection, the compliance officer will have proper credentials and identification (do NOT allow an inspection without examining those credentials; you may even consider calling the local OSHA office to ensure they have sent a compliance officer - there are con artists who will impersonate OSHA compliance officer). You have the right to require a warrant for the inspection, but that usually results in a much more difficult process. If you'd like assistance from a safety professional to accompany the inspector, you may request a delay while you call someone to assist (it's not guaranteed, but it may be worth asking).
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Am I required to provide hard hats, gloves, and safety shoes?
Yes, you are required to provide, at no cost to your employees, the necessary personal protective equipment (PPE) to safely perform their duties. There are a few exceptions defined in the regulation, but even in those cases, you must ensure the equipment used meets minimum requirements and you must pay for replacement PPE. In all cases, you are responsible for ensuring the proper equipment is available, employees have been trained to use it properly, and wear it when necessary.
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