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EMPLOYER RESPONSIBILITIES UNDER OSHA ACT

Duties of Employer under OSHA

General duties of employers


regarding health and safety
Section 15 (1) of OSHA spells out
the general obligations of the
employer in relation to
occupational safety and health.

Safety Training (Section 15 (2) of


OSHA) An employer is required
under the law to give appropriate
information and training to them
worker so that they will know how
to work in a safe manner.

Duty to formulate safety and health policy (Section 16)


Section 16 of OSHA expressly required an employer to prepare a
written statement of his safety and health policy and to make
known to his employee. OSHA 1994 does not provide any
specific guideline as to how the policy should be formulated or
how it should be communicated to the employees. It an
absolute discretion of the employers.
Under the OSH Act of 1970, employers have specific obligations and privileges. Employer
obligations and rights are largely the same in states with their own occupational safety and
health systems as in federal OSHA states.

As an employer, you must:

Ensure that employees have


access to and utilise safe tools
When necessary, use colour Inspect working conditions to
and equipment (including
codes, posters, labels, or signs ensure they meet appropriate
suitable personal protective
to alert staff to possible dangers requirements
equipment) that is well-
maintained.

Develop or revise operational


Fulfill your general duty Administer the OSHA-mandated procedures and convey them to
obligation to offer a workplace training (e.g., hazard personnel so that they comply
free of known dangers communication, lead, etc.) with safety and health
regulations

Know the OSHA rules that must


Report to the nearest OSHA
be followed and make copies Provide OSHA information to all
office within 8 hours any fatal
available to employees upon employees
accident
request
As an employer, you have the right to:

Request a temporary
apply to OSHA for a
exception from a standard Participate in OSHA Standard
permanent deviation from the
from OSHA if you are unable Advisory Committees,
standard.
to comply

seek advice and off-site Ensure that any trade secrets file a Notice of Contest with
consultation discovered by an OSHA the OSHA area director.

Send a formal request to the


National Institute of
. Participate in your industry Occupational Safety and
request and get proper
association's efforts to Health (NIOSH) for information
identification from the OSHA
improve workplace safety and on whether any chemical in
compliance officer.
health. your workplace potentially
hazardous effects at the
amounts has utilised.
5.0 Safety and health officer duties under OSHA act
Employers having more than a specific number of employees in certain high-risk industries
must hire a competent Safety and Health Officer. –Section 29.

The officer must have finished an OSH training course and passed all relevant exams, as
well as have at least 10 years of experience in the field of OSH and be registered with the
Director General of OSH.

Preparing and submitting monthly reports on OSH


issues

Advising and assisting in the implementation of OSH


initiatives.

Assess the workplace for any dangers and correct


them.

Statistic on Occupational Safety and Health (OSH) is


gathered and analysed.

Look into potential risks, accidents, and near-misses


SCRIPT
3.0 EMPLOYER RESPONSIBILITIES UNDER OSHA ACT
Duties of Employer under OSHA

General duties of employers


regarding health and safety
Section 15 (1) of OSHA spells out
the general obligations of the
employer in relation to
occupational safety and health.

Safety Training (Section 15 (2) of


OSHA) An employer is required
under the law to give appropriate
information and training to them
worker so that they will know how
to work in a safe manner.

Duty to formulate safety and health policy (Section 16)


Section 16 of OSHA expressly required an employer to prepare a
written statement of his safety and health policy and to make
known to his employee. OSHA 1994 does not provide any
specific guideline as to how the policy should be formulated or
how it should be communicated to the employees. It an
absolute discretion of the employers.
Under the OSH Act of 1970, employers have specific obligations and privileges. Employer
obligations and rights are largely the same in states with their own occupational safety and
health systems as in federal OSHA states.

As an employer, you must

1. Fulfill your general duty obligation to offer a workplace free of known dangers that are
causing or are likely to cause death or significant physical damage to employees, as well as
to follow the Act's standards, rules, and regulations.

2. Know the OSHA rules that must be followed and make copies available to employees
upon request.

3. Provide OSHA information to all employees.

4. Inspect working conditions to ensure they meet appropriate requirements.

5. Ensure that employees have access to and utilise safe tools and equipment (including
suitable personal protective equipment) that is well-maintained.

6. When necessary, use colour codes, posters, labels, or signs to alert staff to possible
dangers.

7. Develop or revise operational procedures and convey them to personnel so that they
comply with safety and health regulations.

8. Administer the OSHA-mandated training (e.g., hazard communication, lead, etc.).

9. Any fatal accident or one that causes three or more employees to be hospitalised must be
reported to the nearest OSHA office within eight hours.

As an employer, you have the right to:

1. Request a temporary exception from a standard from OSHA if you are unable to comply
due to a lack of materials, equipment, or staff to make essential adjustments within the
specified timeframe.

2. If you can show that your facilities or mode of operation offer employee protection at least
as effective as that required by the standard, you can apply to OSHA for a permanent
deviation from the standard.

3. Participate in OSHA Standard Advisory Committees, nationally recognised standards-


setting bodies, and evidence and viewpoints offered in writing or at hearings to help define
safety and health standards.
4. Ensure that any trade secrets discovered by an OSHA compliance officer during an
inspection are kept private.

5. Send a formal request to the National Institute of Occupational Safety and Health (NIOSH)
for information on whether any chemical in your workplace potentially hazardous effects at
the amounts has utilised.

6. Write, contact, or visit the local OSHA office for assistance and off-site consulting as
needed. (OSHA will not inspect just because an employer asks for help.)

7. Participate in your industry association's efforts to improve workplace safety and health.

8. Prior to the inspection, request and get proper identification from the OSHA compliance
officer.

9. Within 15 working days of receiving a notice of citation and proposed penalty, file a Notice
of Contest with the OSHA area director.

5.0 Safety and health officer duties under OSHA act

Officer of Safety and Health

Employers having more than a specific number of employees in certain high-risk industries
must hire a competent Safety and Health Officer. –Section 29.

The officer must have finished an OSH training course and passed all relevant exams, as
well as have at least 10 years of experience in the field of OSH and be registered with the
Director General of OSH.

The officer's responsibilities include:

preparing and submitting monthly reports on OSH issues, as well as serving as the secretary
to the safety and health committee.

advising and assisting in the implementation of OSH initiatives.

assess the workplace for any dangers and correct them.

Look into potential risks, accidents, and near-misses.

Statistic on Occupational Safety and Health (OSH) is gathered and analysed.

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