Many small employers don't realize they are required by federal law to comply with the Occupational Safety and Health Act. The sole purpose of the Act is to prevent work-related injuries, illnesses and death. By law, every employer is subject to compliance with the Act-even companies with one employee can be subject to the Act. The act does not generally apply to self-employed persons.

The Occupational Safety and Health Administration (OSHA) enforces the Act and has numerous resources specifically designed to encourage and assist small businesses in establishing safety and health programs. In addition, OSHA helps employers find, fix and prevent dangerous conditions in the workplace that can contribute to injury or illness. The purpose of this article is to discuss how the Act applies to the small employer and the penalties that may be imposed for failing to comply with the Act.

Most businesses will never hear from OSHA until a serious accident, injury or death occurs or an employee files a complaint with OSHA regarding an employer's failure, or perceived failure, to comply with safety laws. Therefore, even though you, as an employer, take precautions to keep your employees safe, you may still receive a visit form an OSHA inspector.

Do not panic. OSHA's mission is not to harass employers, but to ensure compliance with the law and to protect employees. Note, however, that in recent years, complaints from disgruntled employees who felt their safety concerns were being ignored have brought OSHA to many businesses that otherwise would never have been the subject of an investigation.

HELPFUL TIPS FOR EMPLOYERS
Unlike many states, Florida has no OSHA regulations of its own. Therefore, the federal government is responsible for overseeing OSHA compliance. Here are some tips that should help you handle an OSHA inspection, reduce your liability should an accident occur, and provide you with some protection if an employee makes a complaint.

• OSHA compliance officers are required to display their credentials and ask to meet the appropriate employer representative. Therefore, do no hesitate to ask for the inspector's credentials before the inspection begins.
• Ask the OSHA inspector for the reason and intended scope of the inspection before it begins.
• Make sure you are in compliance with the safety provisions of your industry. For example, construction companies require greater protection gear for employees than retail store employees.
• Make certain that the proper federal OSHA poster notice is posted. The notice provides employees with information on their health and safety rights and must be posted in a visible place .
• Train your staff in advance about what to expect when an OSHA visit occurs.
• Be cooperative, but do not offer any information that is not requested by the inspector.
• If the inspector takes photographs or videos during an inspection, you should do the same, as your pictures may reveal things the inspector did not notice.
• Ask questions if you do not understand what the inspector is doing.
• At the end of the inspection, ask the inspector if you have been cited for any wrongdoing and ask for detailed explanations of any matters you don't understand. Also, take detailed notes of the inspector's explanations for the citation. That way, you can correct the explained errors and have a defense against future penalties not identified by the inspector.

NOTE: You can also contact your local OSHA office BEFORE an incident occurs to request compliance assistance and job safety training for employees. Employer-initiated contact requesting OSHA training and assistance shall not trigger penalties, except in extreme circumstances where employees are in immediate danger. Should an incident occur later, OSHA will consider this when determining whether to impose a penalty.

EMPLOYEE RIGHTS
Employees have rights under OSHA as well. These include:

• The right to notify employers or OSHA about workplace hazards without retaliation;
• The right to request and participate in an OSHA inspection;
• The right to file a complaint with OSHA for discrimination if retaliation occurs for an employee exercising his or her rights;
• The right to see any citations issued by OSHA (employers are required to post the citation notice in a visible place);
• The right to copies of records of exposure to toxic or harmful substances or conditions; and
• The right to personal protective equipment, at no cost, designed to protect employees from certain hazards, ranging from protective helmets to hard-toed shoes or special goggles, depending upon the job of the employee.

CITATIONS and PENALTIES
When issuing a citation or imposing a penalty, OSHA typically takes into consideration any preventative or liability reducing measures taken by the employer. While penalties are designed to provide the employer with an incentive to fix "the problem," rather than to punish the employer, penalties can seem punitive when an employer is fined as much as $70,000 for a single violation. An employer can also be charged criminally, which could result in a significantly higher penalty as well as a criminal conviction.

When levying a penalty, OSHA does consider the size of the employer among other factors, such as the gravity of the situation and whether the offense is a first offense. REMBEMBER, employers ALWAYS have the right to contest OSHA findings and are often successful. The procedures for challenging the penalty will typically be attached to the penalty notice and OSHA is always available to assist in advising you of your rights. There are limited time periods for response, so be careful do to waive your right to contest the penalty.

One additional way OSHA may target potentially dangerous places of employment is by the number of workers' compensation claims filed by employees. Therefore, instituting a good risk management policy and complying with OSHA guidelines will reduce the likelihood that you will receive a visit from OSHA. Besides keeping OSHA at bay, a tremendous incentive to maintain a safe workplace is the potential decrease in workers' compensation claims and rates.

In conclusion, the best way to minimize your potential for an OSHA penalty, and at the same time minimize your workers' compensation premiums, is to implement routine and consistent workplace safety and health training. Make sure that employees comply with company safety procedures and that the company is equipped with the right type of safety equipment for each job. Ongoing training for employees, proper safety equipment, and enforcement of company safety procedures are critical to the maintenance of a safe workplace.

OSHA has produced a helpful fact sheet regarding inspections, citations, and appeals. You can view it online at http://www.osha.gov/OshDoc/data_General_Facts/factsheet-inspections.pdf.

If you have any further questions regarding OSHA compliance, visit the OSHA website at www.osha.gov or contact us by phone at 954-382-0030 or by email at info@thehumanequation.com.