How to Defend Your Business Against OSHA Violations and Maintain Compliance

The U.S. Occupational Safety and Health Administration (OSHA) conducts over 30,000 business inspections per year, more than half of which are unexpected visits brought about by employee complaints. For any business attempting to reduce its compliance risk, ensuring that it is ready to face OSHA inspections at any given time is crucial. If that isn’t a top priority, there can be significant consequences at hand.

Fortunately, there are specific actions businesses can take to ensure they maintain compliance at all times. Four employer defense strategies that will help keep OSHA violations at bay are listed below.

The Importance of Understanding OSHA Regulations

In January 2023, OSHA issued a press release informing employers of their intent to ramp up safety enforcement. Specifically, the administration was set to target those who were not taking employee safety seriously enough.

Ensuring OSHA compliance creates a safe working environment for all employees, boosting morale and productivity and providing a positive employer image. Compliance also minimizes the risks of workplace injuries and illnesses, which is crucial for those searching for ways to cut costs. Avoiding employee injuries can reduce healthcare and workers’ compensation claims, lowering insurance costs.

Finally (and perhaps most importantly), ensuring compliance with OSHA regulations can also help businesses avoid citations, many of which can carry hefty fines and penalties. Similarly, it can also keep a company from having to face costly employee personal injury lawsuits, which acts as an additional cost-saving measure.

4 Ways to Avoid Violations and Maintain Compliance

Once you understand what is expected of you in terms of OSHA’s current standards, these four actions will help you reduce your organization’s compliance risks and keep legal woes at bay:

1. Conduct Regular Safety Audits

Having a written safety program is key to ensuring all of your personnel are aware of and understand protocols and requirements. However, you also need a way to ensure those protocols are implemented consistently.

Conducting regular safety audits can help you identify areas in which managers or employees may be cutting corners, resulting in even minor violations across the organization. When you’re proactive about safety, you’ll be able to resolve safety issues before they result in costly OSHA citations or employee lawsuits.

2. Accurate Recordkeeping

Part of adhering to OSHA standards is ensuring you keep accurate records of all workplace safety incidents, injuries, illnesses, or fatalities. These records must also be furnished to any OSHA inspector upon request.

But even on its own, good recordkeeping provides an important benefit: It can help you identify patterns in workplace injuries so you can spot and find remedies for recurring hazards. Doing so effectively increases safety in the workplace, reducing the likelihood of further incidents and (by extension) OSHA investigations.

3. Employee Training

OSHA requires all employers to provide safety training for employees who face occupational hazards. This training must include a discussion of hazards in the workplace, safety protocols to follow when they encounter them, and how to prevent injury and illness throughout the workday.

Proper training also includes ensuring the required OSHA Job Safety and Health poster is displayed in a prominent place so employees understand their rights and how to contact OSHA if they have been violated.

Lastly, employee training should also involve clear communication regarding how to handle emergencies. It should provide information such as where first aid kits are located and how to use the materials inside, as well as evacuation procedures.

4. Building a Culture of Safety

As an HR professional, you understand just how critical workplace culture is in ensuring safety and compliance among all employees in the organization. Establishing and maintaining that culture starts by implementing an open-door policy with employees.

Open communication ensures employees can raise concerns about safety violations without fear of repercussions, which can help them feel safer at work and help you catch safety issues before they become a problem.

You may also want to introduce safety incentives for employees, which are designed to reward those who consistently follow safety protocols. Not only can these incentives motivate employees to keep themselves and their colleagues out of harm’s way, but they can also raise morale and ensure everyone is recognized for their contribution to a safe culture.

How to Defend the Business When Facing OSHA Penalties and Lawsuits

Your first step when facing possible consequences for OSHA violations is to examine what the business is being accused of. Ensure that you thoroughly review citations and penalties to understand which areas of the company have presented safety issues and which standards have purportedly been violated.

From there, contact an employer defense attorney who can help you understand your options and next steps. If necessary, an experienced OSHA attorney can also help you craft an employer defense strategy, which may involve the following:

• Asking for an informal conference with the OSHA area director
• Filing a Notice of Intent to Contest
• Establishing employee misconduct as the root cause of the violation
• Proving that OSHA compliance would be impossible or even unsafe
• Proving that a violation poses no risk to any employees

Whether you choose to contest the violation or not, a capable OSHA employer defense attorney can help you develop a plan for corrective action, including auditing safety policies and issues and properly training staff.

Prevention Is the Best Employer Defense Strategy Against OSHA Violations

Understanding OSHA regulations and creating a solid plan for continuous compliance is one of the most important things HR professionals can do to protect the businesses they oversee. It’s vital to be as proactive as possible, keeping accurate records, conducting regular safety audits, and training employees well.

Facing OSHA penalties can be daunting, but an ounce of prevention can keep employers from being in hot water with the agency. With the right information and a commitment to action, you can build a company culture that respects and appreciates workplace safety measures at every level.

If your company is dealing with OSHA penalties or you’re unsure about where you stand with compliance, we’re here to help. At the Law Offices of Pearlman, Brown & Wax, LLP, we understand how overwhelming OSHA regulations can be. Our experienced OSHA employer defence attorneys will help protect your business from fines and legal issues, ensuring full compliance so you can focus on a safe, productive workplace. Contact us today for the support you need.