What Is OSHA?
The Occupational Safety and Health Administration (OSHA) is a federal agency within the U.S. Department of Labor. It was created by the Occupational Safety and Health Act of 1970 with a single purpose: to ensure safe and healthy working conditions for American workers.
OSHA does this by setting enforceable standards, conducting workplace inspections, requiring employer recordkeeping, and providing outreach and education. Employers who violate OSHA standards face civil penalties; in cases involving worker deaths from willful violations, employers can face criminal charges.
Does OSHA Apply to My Business?
Almost certainly yes. The OSH Act covers most private-sector employers and their workers in all 50 states, the District of Columbia, Puerto Rico, and other U.S. territories. It applies regardless of business size — a company with two employees has the same general duty to provide a safe workplace as one with 20,000.
Who is NOT covered by federal OSHA:
- Self-employed individuals with no employees
- Immediate family members of farm employers
- Workers covered by other federal safety programs (certain mining, railroad, and nuclear workers)
- Most state and local government employees (though many states cover public employees through State Plans)
The General Duty Clause
Section 5(a)(1) of the OSH Act — known as the General Duty Clause — requires every employer to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm. This clause exists as a catch-all for hazards not covered by a specific OSHA standard. OSHA can cite an employer under the General Duty Clause even if no specific standard addresses the hazard in question.
Your Core Legal Obligations as an Employer
Provide a safe workplace
You must comply with all applicable OSHA standards and eliminate recognized hazards. This is not optional and does not have a minimum size threshold.
Inform employees of their rights
You must post the official OSHA "Job Safety and Health — It's the Law" poster (or the equivalent state plan poster) in a prominent location where workers can see it. This is one of the most commonly overlooked requirements for small businesses.
Provide required training
OSHA standards require training in dozens of specific areas. The required training depends on your industry and the specific hazards your workers face. Common required training areas include hazard communication, PPE use, emergency action plans, fire safety, fall protection, and lockout/tagout.
Maintain required records
Employers with 11 or more employees in most industries must keep OSHA injury and illness records using Forms 300, 300A, and 301. Certain low-hazard industries are partially exempt. See our full recordkeeping guide for details.
Report serious incidents
All employers — regardless of size — must report worker fatalities within 8 hours and amputations, loss of an eye, or in-patient hospitalization of three or more workers within 24 hours. Call 1-800-321-OSHA.
Allow OSHA inspections
You must allow OSHA compliance officers to enter and inspect your workplace during regular working hours. You have the right to accompany the inspector and to contest citations, but you cannot refuse entry to an inspector with a warrant.
Not retaliate against workers
It is illegal to retaliate against any employee for reporting a safety concern, filing an OSHA complaint, or exercising any right under the OSH Act. Retaliation can result in back pay, reinstatement, and additional penalties.
Required Workplace Postings
Every employer covered by OSHA must post the following in a location visible to all employees:
- OSHA Job Safety and Health poster — free from OSHA.gov
- OSHA 300A Summary — posted February 1 through April 30 each year (if you are required to keep records)
- Any OSHA citations received — must be posted at or near the location of the violation until the violation is corrected, or for 3 working days, whichever is longer
Written Programs OSHA Requires
Many OSHA standards require employers to have written programs documenting how they manage specific hazards. These are not optional. If OSHA asks for them and you don't have them, that's a citation.
The most commonly required written programs include:
- Hazard Communication Program — required if you use hazardous chemicals
- Emergency Action Plan — required for most employers
- Fire Prevention Plan — required in many situations
- Lockout/Tagout Energy Control Program — required if workers service or maintain equipment
- Respiratory Protection Program — required if workers use respirators
- Personal Protective Equipment Program — required documentation of hazard assessment
- Bloodborne Pathogen Exposure Control Plan — required for healthcare and other workers with occupational exposure
- Hearing Conservation Program — required when workers are exposed to noise at or above 85 dBA over an 8-hour period
Building a Simple Safety Program from Scratch
For small businesses without a dedicated safety department, getting to baseline compliance doesn't require a consultant. It requires a clear checklist and consistent follow-through.
Step 1: Conduct a hazard assessment
Walk every area of your facility and identify hazards — physical, chemical, electrical, ergonomic. Write them down. This document becomes the foundation for everything else.
Step 2: Write the required programs
Based on your hazard assessment, identify which written programs OSHA requires for your workplace. Start with the ones that apply to the most workers or the highest-risk activities. Templates are available free from OSHA.gov and on our checklists page.
Step 3: Train your employees
Document every training session — who attended, what was covered, the date, and the trainer's name. Verbal training with no records is the same as no training in OSHA's view.
Step 4: Post what's required
Get the OSHA poster up. Make sure the 300A summary goes up February 1 if you're required to keep logs. Post citations promptly if you ever receive them.
Step 5: Create a hazard reporting system
Give workers a way to report safety concerns without fear of retaliation. Even a simple written form works. The goal is to catch hazards internally before they catch the attention of OSHA.
Step 6: Review annually
Your safety program is a living document. Review and update it at least once a year, and whenever you add new processes, equipment, or chemicals to the workplace.
Free OSHA Resources Worth Knowing About
OSHA offers several free services that many small employers don't know exist:
- On-Site Consultation Program: OSHA funds a free, confidential consultation service for small businesses. Consultants visit your workplace, identify hazards, and help you build a safety program — and the visit is completely separate from enforcement. No citations, no penalties. Find your state's program at osha.gov/consultation.
- OSHA Alliance and Partnership programs: Industry-specific programs that provide free safety resources and training materials.
- OSHA Publications: Hundreds of free compliance guides, posters, and fact sheets available at osha.gov.