OSHA 2056-07R

2003
This booklet provides a general overview of basic 

topics related to OSHA and how it operates. Information

provided does not determine compliance responsibilities

under OSHA standards or the Occupational Safety and

Health Act of 1970. Because interpretations and 

enforcement policy may change over time, you should

consult the agency for the most up-to-date information.

Much of it is available at the website: www.osha.gov. 

The website also includes locations and phone numbers

for OSHA offices around the country. If you do not have

access to the website, call (800) 321-OSHA (6742). This

information is available to sensory impaired individuals

upon request. Voice phone: (202) 693-1999; 

teletypewriter (TTY) number: (877) 889-5627.

This publication is in the public domain and 

may be reproduced, fully or partially, 

without permission. Source credit is 

requested but not required.
All About

Occupational Safety 

and Health Administration

U.S. Department of Labor 

OSHA 2056-07R

2003

www.osha.gov
2 Purpose & History

4 OSH Act 

OSHA Coverage

Rights and Responsibilities Under the Act

Legal Protections

Public-Sector Employees

Advisory Groups

11 State Programs

13 Standards & Guidance

Requirements

The Standards-Setting Process

Variances

Reporting 

Recordkeeping

21 Programs & Services:

Strong, Fair, and Effective Enforcement

The Inspection Process

Violations and Penalties

Contesting Inspection Results

Outreach, Education, and 

Compliance Assistance

Outreach Materials

Education and Training

Compliance Assistance

OSHA Consultation Service

Partnerships and Other 

Cooperative Programs

Alliances

OSHA Strategic Partnerships

Voluntary Protection Programs

36 OSHA Quotes

37 Regional Offices

38 Index

Contents

www.osha.gov
More than three decades ago, the Occupational Safety and Health

Act of 1970 created the Occupational Safety and Health Administration

to help employers and employees reduce injuries, illnesses, and

deaths on the job in America. Since then, workplace fatalities have

been cut by 62 percent and occupational injury and illness rates have

declined 40 percent. At the same time, U.S. employment has doubled

and now includes nearly 115 million workers at 7 million sites.

OSHA provides national leadership in occupational safety and health.

The agency seeks to find and share the most effective ways to get

results—to save lives and prevent injuries and illnesses. The message

is simple—Safety and health add value: To your business. To your

workplace. To your life.

For business, protecting workers’ safety and health is the right thing to

do. It saves money and adds value to the organization. When workers

stay whole and healthy, businesses experience lower workers’ 

compensation insurance costs, reduced medical expenditures,

decreased payout for return-to-work programs, fewer faulty products,

and lower costs for job accommodations for injured workers. There

are also indirect benefits such as increased productivity, lower costs

for training replacement workers, and decreased costs for overtime.

Every workplace is a community. Safety and health add value to workplaces by increasing morale, improving productivity, and reducing

turnover. The best companies build a reputation that is synonymous

not only with an excellent product, but also an outstanding work 

environment where safety and health is a core value.

Every employee benefits when safety and health is a priority at the

workplace. Every worker wants to make a contribution through his or

her job, yet the primary purpose of work is to make a living. Safety

and health add value to the lives of workers by enabling them to 

maintain their incomes and provide for their families. Getting hurt or

sick is not just physically painful. On-the-job injuries and illnesses

can significantly reduce income, increase stress, and hinder a full

family life.

Establishing a safe and healthful working environment requires every

employer and every worker to make safety and health a top priority.

The entire workforce—from the CEO to the most recent hire—must

recognize the value of safety and health and acknowledge that this is

central to the mission and key to the corporate vision and identity. 

OSHA provides leadership and encouragement to employers and

workers to help them recognize and realize the value of safety and

health on the job. The agency’s ultimate goal will always be to reduce

injuries, illnesses, and deaths to zero.

1

www.osha.gov
OSHA’s establishment

OSHA stands for the Occupational

Safety and Health Administration, 

an agency of the U.S. Department of

Labor. The U.S. Congress, led by U.S.

Senator Harrison A. Williams Jr. and

U.S. Representative William A. Steiger,

passed the Occupational Safety and

Health Act of 1970 (the OSH Act)

1

“...to assure so far as possible every

working man and woman in the nation

safe and healthful working conditions

and to preserve our human resources.”

The legislation, signed into law by

President Richard M. Nixon on 

Dec. 29, 1970, established OSHA 

and its sole responsibility to provide

worker safety and health protection.

Who OSHA affects

Nearly everyone in America works 

or has someone in the immediate 

family who does. Whether you are an 

employer, employee, or have a family

member who works, you need to know

about OSHA. The more you know

about OSHA, the better you can protect

yourself, your coworkers, or your

employees and contribute to safe and

healthful working conditions for 

all Americans.

Why OSHA is necessary

Until 1970, no uniform or comprehensive provisions existed to protect

against workplace safety and health

hazards. At that time:

• Job-related accidents accounted 

for more than 14,000 worker 

deaths,

• Nearly 2.5 million workers were 

disabled by workplace accidents 

and injuries,

• Ten times as many workdays were

lost from job-related disabilities as

from labor strikes, and

• The estimated new cases of 

occupational diseases totaled 

300,000.

In terms of lost productivity and 

wages, medical expenses, and disability 

compensation, the burden on the

nation’s commerce was staggering. The

human cost was beyond calculation.

Today, OSHA helps to safeguard the

right to a safe and healthful work 

environment for nearly 115 million

workers—America’s most valuable

national resource. 

OSHA’s impact

Since OSHA’s creation in 1970, the

nation has made substantial progress in

occupational safety and health. OSHA

and its many partners in the public and

private sectors have: 

• Cut the work-related fatality rate 

by 62 percent,

• Reduced overall injury and illness 

rates by 42 percent,

• Virtually eliminated brown lung 

disease in the textile industry, and

• Reduced trenching and excavation

fatalities by 35 percent.

1

Public Law 91-596, Dec. 29,1970; as amended by P.L. 101-552, Nov. 5, 1990; as amended by P.L.

105-198, July 16, 1998; as amended by P.L. 105-241, Sept. 29, 1998.

Purpose & History

2

Purpose & History

www.osha.gov
OSHA’s continued role

Despite these important successes, 

significant hazards and unsafe 

conditions still exist in U.S. workplaces.

Each year:

• Almost 6,000 Americans die from

workplace injuries;

• Perhaps as many as 50,000 

workers die from illnesses in 

which workplace exposures were 

a contributing factor;

• Nearly 6 million people suffer 

non-fatal workplace injuries; and

• The cost of occupational injuries 

and illnesses totals more than 

$170 billion.

What OSHA does

OSHA uses three basic strategies,

authorized by the Occupational Safety

and Health Act, to help employers and

employees reduce injuries, illnesses, 

and deaths on the job: 

• Strong, fair, and effective 

enforcement;

• Outreach, education, and 

compliance assistance; and

• Partnerships and other 

cooperative programs.

Based on these strategies, OSHA 

conducts a wide range of programs and

activities to promote workplace safety

and health. The agency: 

• Encourages employers and 

employees to reduce workplace 

hazards and to implement new 

safety and health management 

systems or improve existing 

programs;

• Develops mandatory job safety 

and health standards and enforces

them through worksite 

inspections, employer assistance, 

and, sometimes, by imposing 

citations, penalties, or both;

• Promotes safe and healthful work 

environments through cooperative

programs, partnerships, and 

alliances;

• Establishes responsibilities and 

rights for employers and 

employees to achieve better safety 

and health conditions;

• Supports the development of 

innovative ways of dealing with 

workplace hazards;

• Maintains a reporting and recordkeeping system to monitor 

job-related injuries and illnesses;

• Establishes training programs to 

increase the competence of 

occupational safety and health 

personnel; 

• Provides technical and compliance

assistance and training and educa-

- tion to help employers reduce 

worker accidents and injuries; 

• Works in partnership with states 

that operate their own occupational

safety and health programs; and 

• Supports the Consultation 

Service.

3

www.osha.gov
OSHA Coverage

Who the act covers

The OSH Act covers all private-sector

employers and their employees in the 50

states and all territories and jurisdictions

under federal authority. Those jurisdictions include the District of Columbia,

Puerto Rico, the Virgin Islands,

American Samoa, Johnston Island, the

Canal Zone, and the Outer Continental

Shelf Lands as defined in the Outer

Continental Shelf Lands Act.

OSHA coverage includes:

• Employers and employees in 

varied fields that include but are 

not limited to manufacturing, 

construction, longshoring, 

shipbuilding, ship breaking, 

ship repair, agriculture, law, 

medicine, charity and disaster 

relief, organized labor, and private

education; and

• Religious groups to the extent 

that they employ workers for 

secular purposes.

The OSH Act covers employers and

employees either directly through 

federal OSHA or through an OSHAapproved state program. (For more

information about state programs, 

see page 11.)

Who is not covered

The OSH Act does not cover:

• The self-employed;

• Immediate members of farming 

families on farms that do not 

employ outside workers;

• Employees whose working 

conditions are regulated by other 

federal agencies under other 

federal statutes. These include 

mine workers, certain truckers 

and transportation workers, and 

atomic energy workers;

• Public employees in state and 

local governments; some states 

have their own occupational 

safety and health plans that 

cover these workers. 

Responsibilities and Rights

Under the OSH Act

Employer Responsibilities

If you are an employer, you must:

• Meet your general duty 

responsibility to provide a 

workplace free from recognized 

hazards;

• Keep workers informed about 

OSHA and safety and health 

matters with which they are 

involved;

• Comply, in a responsible manner, 

with standards, rules, and 

regulations issued under the 

OSH Act;

• Be familiar with mandatory 

OSHA standards;

• Make copies of standards 

available to employees for review 

upon request;

• Evaluate workplace conditions;

• Minimize or eliminate potential 

hazards;

• Provide employees safe, properly 

maintained tools and equipment, 

including appropriate personal 

protective equipment, and ensure 

that they use it; 

4

OSH Act

OSH Act

www.osha.gov
• Warn employees of potential 

hazards;

• Establish or update operating 

procedures and communicate 

them to employees;

• Provide medical examinations 

when required;

• Provide training required by 

OSHA standards;

• Report within eight hours any 

accident that results in a fatality 

or the hospitalization of three or 

more employees;

• Keep OSHA-required records of 

work-related injuries and illnesses;

• Post a copy of OSHA 300A, 

Summary of Work-Related 

Injuries and Illnesses, for the 

previous year from February 1 

to April 30;

• Post, at a prominent location 

within the workplace, the OSHA 

“It’s The Law” poster (OSHA 

3165) informing employees of 

their rights and responsibilities;

• Provide employees, former 

employees, and their representatives access to the Log of WorkRelated Occupational Injuries and

Illnesses (OSHA 300) at a 

reasonable time and in a 

reasonable manner;

• Provide access to employee 

medical records and exposure 

records to the employee and 

others as required by law;

• Cooperate with OSHA 

compliance officers;

• Not discriminate against 

employees who properly exercise 

their rights under the OSH Act;

• Post OSHA citations and 

abatement verification notices at 

or near the worksite involved; and

• Abate cited violations within the 

prescribed period.

Employer Rights

If you are an employer, you have the

right to:

• Seek free advice and on-site 

consultation;

• Be involved in job safety and 

health through your industry 

association;

• Request and receive proper 

identification of OSHA 

compliance officers;

• Be advised by the compliance 

officer of the reason for an 

inspection;

• Have an opening and closing 

conference with the compliance 

officer;

• Accompany the compliance 

officer on the inspection;

• File a notice of contest to dispute 

inspection results;

• Request an informal settlement 

agreement process after an

inspection;

• Apply for a variance from a 

standard’s requirements when 

technical expertise and materials 

are unavailable and other means 

have been provided to protect 

employees;

• Take an active role in developing 

safety and health programs;

• Be assured of the confidentiality 

of any trade secrets; 

• Submit a written request to the 

National Institute for Occupational

Safety and Health (NIOSH) 

for information on whether any 

substance in your workplace has 

potentially toxic effects in the 

concentrations being used; and

• Submit information or comments 

to OSHA on the issuance, 

modification, or revocation of 

OSHA standards and request a 

public hearing.

5

In the event 

of a workplace

emergency:

Call (800) 321-OSHA

(6742) if there is a lifethreatening situation.

OSHA will refer

callers immediately 

to the nearest OSHA

area or state office if

the state is a stateplan state. 

For more information

on any OSHA 

program, contact your

nearest OSHA area or

regional office listed

on the website at

www.osha.gov or by

calling the toll-free

number.

www.osha.gov
Employee Responsibilities

Employees are expected to comply 

with all applicable standards, rules, 

regulations, and orders issued under 

the OSH Act.

If you are an employee, you should:

• Read the OSHA “It’s The Law” 

poster (OSHA 3165) at the 

jobsite;

• Comply with all applicable 

OSHA standards;

• Follow all employer safety and 

health rules and regulations, and 

wear or use prescribed protective 

equipment while engaged in 

work;

• Report hazardous conditions to 

the supervisor;

• Report any job-related injury or 

illness to the employer, and seek 

treatment promptly;

• Cooperate with the OSHA 

compliance officer conducting an 

inspection; and

• Exercise your rights under the 

OSH Act in a responsible manner.

Employee Rights

If you are an employee, you have 

the right to:

• Review copies of appropriate 

OSHA standards, rules, 

regulations, and requirements that

the employer should have 

available at the workplace;

• Request information from your 

employer on safety and health 

hazards, precautions, and 

emergency procedures;

• Receive adequate training and 

information;

• Request that OSHA investigate if 

you believe hazardous conditions 

or violations of standards exist in 

your workplace;

• Have your name withheld from 

your employer if you file a 

complaint;

• Be advised of OSHA actions 

regarding your complaint and 

have an informal review of any 

decision not to inspect or to issue 

a citation;

• Have your authorized employee 

representative accompany the 

OSHA compliance officer during 

an inspection;

• Respond to questions from the 

OSHA compliance officer;

• Observe any monitoring or 

measuring of hazardous materials 

and see any related monitoring or 

medical records;

• Review the Log and Summary of 

Work-Related Injuries and 

Illnesses (OSHA 300 and 300A) 

at a reasonable time and in a 

reasonable manner;

• Request a closing discussion 

following an inspection;

• Submit a written request to 

the National Institute for 

Occupational Safety and Health 

for information on whether any 

substance in your workplace has 

potentially toxic effects in the 

concentrations being used and 

have your name withheld from 

your employer;

• Object to the abatement period 

set in a citation issued to your 

employer;

• Participate in hearings conducted 

by the Occupational Safety and 

Health Review Commission;

• Be notified by your employer if he

or she applies for a variance, and 

testify at a variance hearing and 

appeal the final decision; and

• Submit information or comments 

to OSHA on the issuance, 

modification, or revocation of 

OSHA standards and request a 

public hearing.

6

www.osha.gov
Legal Protections

Additional employee 

protections

A number of different laws provide

employees legal protections for getting

involved in safety and health matters.

The OSH Act, for example, provides

employees the right to seek safe and

healthful conditions on the job without

fear of punishment. Under Section 11(c)

of the act, employees may exercise such

rights as:

• Voicing concerns to an employer, 

union, OSHA, any other 

government agency, or others 

about job safety or health 

hazards;

• Filing safety or health grievances;

• Participating in a workplace safety

and health committee or in union 

activities concerning job safety 

and health;

• Participating in OSHA inspections, conferences, hearings, or 

other OSHA-related activities; and

7

If your workplace is unsafe or

unhealthful... 

to file a complaint...

If your workplace has unsafe or

unhealthful working conditions, often

the best and fastest way to get it 

corrected is to notify your supervisor

or employer. Employees also may file

a complaint by phone, mail, email, or

fax with the nearest OSHA office and

request an inspection. You may

request that OSHA not reveal your

name. To file a complaint, call (800)

321-OSHA (6742) or contact the nearest OSHA regional, area, state plan, or

consultation office listed at

www.osha.gov.

The teletypewriter (TTY) number is

(877) 889-5627.

You can also file a complaint online.

Most online complaints are addressed

by OSHA’s phone/fax system. That

means they may be resolved informally over the phone with your employer.

Written, signed complaints submitted

to OSHA area or state-plan offices are

more likely to result in on-site OSHA

inspections. Complaints from workers

in OSHA-approved state-plan states

will be forwarded to the appropriate

state plan for response. If you are 

concerned about confidentiality, you

may prefer to file your complaint from

your home computer or a computer in

your local library. 

Download the OSHA complaint form,

complete it and then fax or mail it to

your local OSHA office or you may

simply contact your local OSHA office

to receive a copy of the complaint

form. Be sure to include your name,

address, and telephone number so we

can contact you. NOTE: To view and

print the complaint form, you must

have the Adobe Acrobat Reader on

your computer.

to refuse unsafe work...

Refusing to do a job because of

potentially unsafe workplace conditions is not ordinarily an employee

right under the law and may result in

disciplinary action by your employer.

However, if you have reasonable

grounds to believe that you are

exposed to an imminent danger on

the job, you do have the right to

refuse to do a job. Remain at the jobsite until the problem can be resolved

because OSHA many not be able to

protect you if you walk off the job. 

For more information, visit the

www.osha.gov
• Refusing to work when a 

dangerous situation threatens 

death or serious injury where 

there is insufficient time to contact

OSHA and where the employee 

has sought from his or her 

employer and been unable to 

obtain a correction of the 

dangerous conditions. 

Protections against 

employer retaliation

An employer may not retaliate if an

employee exercises these or any other

rights under the OSH Act. This means

that an employer make not take these

actions against any worker who 

expresses concern or files a complaint

about safety and health conditions or 

participates in job safety-related activities:

• Fire,

• Demote,

• Take away seniority or other 

earned benefits,

• Transfer to an undesirable job or 

shift, or

• Threaten or harass the worker.

Whistleblower protections

Since passage of the OSH Act in 1970,

Congress has expanded OSHA’s

whistleblower protection authority to

protect workers from discrimination

under 14 federal statutes.

These statutes, and the number 

of days employees have to file a 

complaint, are:

• Occupational Safety and 

Health Act of 1970 (30 days)

Provides discrimination protection

for employees who exercise rights

guaranteed under the act, such as

filing a safety and health complaint

with OSHA and participating in 

an inspection.

• Surface Transportation 

Assistance Act (180 days)

Provides discrimination protections

for truck drivers and other employees relating to the safety of commercial motor vehicles. Coverage

includes all buses for hire and

freight trucks with a gross vehicle

weight greater than 10,001 pounds.

• Asbestos Hazard Emergency

Response Act (90 days)

Provides discrimination protection

for individuals who report violations

of environmental laws relating to

asbestos in elementary and secondary school systems. 

• International Safety 

Container Act (60 days)

Provides discrimination protection

for employees who report violations

of the act, which regulates shipping

containers.

• Energy Reorganization Act 

(180 days)

Provides discrimination protection

for employees of operators and subcontractors of nuclear power plants

licensed by the Nuclear Regulatory

Commission and for employees of

contractors working under contract

with the Department of Energy.

• Clean Air Act (30 days)

Provides discrimination protection

for employees who report violations

of the act, which provides for the

development and enforcement of

standards regarding air quality and

air pollution.

• Safe Drinking Water Act 

(30 days)

Provides discrimination protection

for employees who report violations

of the act, which requires that all

drinking water systems in public

buildings and in new construction

be lead free.

8

www.osha.gov
• Federal Water Pollution 

Control Act (30 days)

Provides discrimination protection

for employees who report hazardous

pollution of waters that provide a

natural habitat for living things.

Also called the Clean Water Act.

• Toxic Substances Control Act 

(30 days)

Provides discrimination protection

for employees who report violations

of regulations involving the manufacture, distribution, and use of certain toxic substances.

• Solid Waste Disposal Act 

(30 days)

Provides discrimination protection

for employees who exercise certain

rights under the act, which provides

assistance for the development of

facilities for the recovery of energy

and other resources from discarded

materials and regulates hazardous

waste management. Also called the

Resource Conservation and

Recovery Act. 

• Comprehensive Environmental

Response, Compensation, and

Liability Act (30 days)

Provides discrimination protection

for employees who exercise rights

under the act, which provides liability, compensation, cleanup, and

emergency response for hazardous

substances released into the environment and for the cleanup of inactive

hazardous waste disposal sites.

• Wendell H. Ford Aviation

Investment and Reform Act for the

21st Century (90 days)

Provides discrimination protection

for employees of air carriers, contractors, or subcontractors of air

carriers who raise safety concerns.

• Corporate and Criminal Fraud

Accountability Act of 2002 

(90 days)

Provides discrimination protection

for employees or contractors of publicly traded companies or brokerage

firms who report mail, wire, bank,

or securities fraud or violations of

laws related to stockholder fraud.

Also called the Sarbanes-Oxley Act.

• Pipline Safety Improvement Act 

of 2002 (180 days)

Provides discrimination protection

for employees who report violations

of the federal law regarding pipeline

safety and security or who refuse to

violate such provisions. 

Public-Sector Employees

Federal worker coverage

Section 19 of the OSH Act makes 

federal agency heads responsible for

providing safe and healthful working

conditions for their employees. OSHA

conducts federal workplace inspections in

response to employee reports of hazards.

The OSH Act also requires agencies to

comply with standards consistent with

those for private-sector employers.

Under a 1998 amendment to the act, it

covers the U.S. Postal Service the same

as any private-sector employer.

OSHA’s federal sector

authority

In its federal sector authority, OSHA:

• Cannot propose monetary 

penalties against another federal 

agency for failure to comply with 

OSHA standards; and

• Does not have authority to protect

federal employee “whistleblowers.”

The Whistleblower Protection Act 

of 1989 allows present and former

9

To comply with 

the OSH Act,

federal agencies

must:

• Operate 

comprehensive 

safety and health 

programs,

• Record and analyze

injury and illness 

data,

• Provide appropriate

safety and health 

training to all 

employees, and 

• Conduct 

inspections to 

ensure compliance 

with OSHA 

standards.

www.osha.gov
federal employees (except for 

corporations and certain 

intelligence agencies) to file their 

reports of reprisal with the Office 

of Special Counsel at the U.S. 

Merit Systems Protection Board. 

(For more information about 

whistleblower protections, 

see page 8.)

State and local government

worker coverage

OSHA provisions cover the private sector only. However, some states have

their own OSHA-approved occupational safety and health programs. These

state programs must cover state and

local workers and must be at least as

effective as federal OSHA requirements.

(For more information about state 

programs, see page 11.) 

Advisory Groups

OSHA has several standing or ad hoc

advisory committees that advise the

agency on safety and health issues.

These committees include representatives of management, labor, and state

agencies as well as one or more

designees of the Secretary of Health and

Human Services (HHS). Members also

may include representatives of occupational safety and health professions and

the general public.

The two standing, or statutory, advisory

committees are:

• The National Advisory Committee

on Occupational Safety and 

Health (NACOSH), which 

advises, consults with, and makes 

recommendations to the 

Secretaries of Labor and HHS on 

matters regarding administration 

of the OSH Act; and

• The Advisory Committee on 

Construction Safety and Health 

(ACCSH), which advises the 

Secretary of Labor on construction

safety and health standards and 

other regulations.

Other continuing advisory 

committees include: 

• The Federal Safety and Health 

Advisory Committee (FACOSH), 

which advises the Secretary of 

Labor on all aspects of federal 

agency safety and health;

• The Maritime Advisory 

Committee for Occupational 

Safety and Health (MACOSH), 

which advises the Secretary of 

Labor on workplace safety and 

health programs, policies, and 

standards in the maritime 

industry; and

• The National Advisory Committee

on Ergonomics, which advises 

OSHA on initiatives to reduce 

ergonomic-related injuries and 

illnesses in the workplace. 

OSHA may occasionally form shortterm advisory committees to advise the

agency on specific issues. 

10

www.osha.gov
State safety and health 

programs

State plans are OSHA-approved job

safety and health programs operated by

individual states instead of federal

OSHA. The OSH Act encourages states

to develop and operate their own job

safety and health plans and precludes

state enforcement of OSHA standards

unless the state has an approved plan.

OSHA approves and monitors all 

state plans.

Once a state plan is approved under

Section 18(b) of the OSH Act, OSHA

funds up to 50 percent of the program’s

operating costs. State plans must 

provide standards and enforcement 

programs as well as voluntary 

compliance activities that are at least as

effective as the federal program.

State plans covering the private sector

also must cover state and local government employees. OSHA rules also 

permit states to develop plans that

cover only public sector (state and local

government) employees. In these cases,

private sector employment remains

under federal OSHA jurisdiction.

Twenty-three states operate complete

plans and three cover only the public

sector. These states are listed on the

OSHA website at www.osha.gov. 

OSHA approval for 

state plans

To gain OSHA approval as a “developmental plan,” the first step in the state

plan approval process, a state must

have adequate legislative authority and

must demonstrate that within three

years it will provide standards-setting,

enforcement, and appeals procedures;

public employee protection; a sufficient

number of competent enforcement 

personnel; and training, education, and

technical assistance programs.

In states with approved plans, OSHA

generally limits its enforcement activity

to areas not covered by the state and

suspends all concurrent federal 

enforcement.

Once the state is operating at least as

effectively as federal OSHA and meets

other requirements, OSHA grants final

approval of the plan and ceases federal

authority in those areas over which the

state has jurisdiction.

State program coverage

States with approved plans cover most

private sector employees as well as state

and local government workers in the

state. Federal OSHA continues to cover

federal employees and certain other

employees specifically excluded by a

state plan—for example, those who

work in maritime industries and on 

military bases. 

State workplace 

inspections

States with approved state plans

respond to accidents and workplace

complaints and conduct random 

unannounced inspections, just like 

federal OSHA. The states issue citations

and proposed penalties under state law

and adjudicate disputes through a state

review board or other procedure.

State Programs

11

State Programs

www.osha.gov
Federal monitoring of 

state plans

Federal OSHA closely monitors state

programs. Anyone finding inadequacies

or other problems in the administration

of a state program may file a Complaint

About State Program Administration

(CASPA) with the appropriate OSHA

regional administrator. OSHA investigates all these complaints and, where

they are found to be valid, requires

appropriate corrective action. 

Employer rights and 

responsibilities 

State plans must guarantee the same

employer and employee rights as

OSHA. Employer and employee 

responsibilities in states with their own

occupational safety and health 

programs are generally the same as in

states under federal OSHA.

State safety and health 

standards

State safety and health standards under

approved plans must be identical to or

at least as effective as federal OSHA

standards and must keep pace with 

federal standards. State plans must

adopt standards comparable to federal

standards within six months after a 

federal standard takes effect. Most state

plan standards are very similar to 

federal standards, but states with

approved plans may have different and

independent standards.

To find out if your state operates an

OSHA-approved state program, visit

www.osha.gov.

12

www.osha.gov
Standards & Guidance

Requirements

In general, standards require that

employers:

• Maintain conditions or adopt 

practices reasonably necessary and

appropriate to protect workers on 

the job;

• Be familiar with and comply with 

standards applicable to their 

establishments; and

• Ensure that employees have and 

use personal protective equipment 

when required for safety and 

health.

Hazards addressed

OSHA issues standards for a 

wide variety of workplace hazards, 

including:

• Toxic substances,

• Harmful physical agents,

• Electrical hazards,

• Fall hazards,

• Trenching hazards,

• Hazardous waste,

• Infectious diseases,

• Fire and explosion hazards,

• Dangerous atmospheres, and

• Machine hazards.

In addition, where there are no 

specific OSHA standards, employers

must comply with the OSH Act’s 

“general duty clause.” The general 

duty clause, Section 5(a)(1) requires

that each employer “furnish ... a place

of employment which is free from 

recognized hazards that are causing or

are likely to cause death or serious

physical harm to employees.”

The Standards-Setting

Process

Deciding to develop 

a standard

OSHA can begin standards-setting 

procedures on its own initiative or in

response to petitions from other parties,

including:

• The Secretary of Health and 

Human Services (HHS);

• The National Institute for 

Occupational Safety and Health 

(NIOSH);

• State and local governments;

• Nationally recognized standardsproducing organizations and 

employer or labor representatives;

and

• Any other interested parties.

Each spring and fall, the Department of

Labor publishes in the Federal Register

a list of all regulations that have work

under way. The Regulatory Agenda

provides a schedule for the development

of standards and regulations so employers, employees, and other interested 

parties know when they can be expected.

How OSHA develops 

standards

OSHA publishes its intention to propose, amend, or revoke a standard in

the Federal Register, either as:

• A Request for Information or an 

Advance Notice of Proposed 

Rulemaking or announcement of 

a meeting to solicit information to

be used in drafting a proposal; or

• A Notice of Proposed Rulemaking, which sets out the 

proposed new rule’s requirements 

and provides a specific time for 

the public to respond.

13

Standards

& Guidance

www.osha.gov
Interested parties may submit written

information and evidence. OSHA also

may schedule a public hearing to consider various points of view.

After reviewing public comments, evidence, and testimony, OSHA publishes:

• The full text of any standard 

amended or adopted and the date 

it becomes effective, along with an

explanation of the standard and 

the reasons for implementing it; 

or

• A determination that no standard 

or amendment is necessary.

Input from other 

government agencies

Other government agencies, such as

NIOSH, can recommend standards to

OSHA. The OSH Act established the

National Institute for Occupational

Safety and Health under the

Department of HHS as the research

agency for occupational safety and

health. NIOSH conducts research on

various safety and health problems,

provides technical assistance to OSHA,

and recommends standards for OSHA’s

adoption. (For more information, call

(800) 35-NIOSH or visit the agency’s

website at www.cdc.gov/niosh.)

Emergency temporary 

standards

Under certain limited conditions, 

OSHA can set emergency temporary

standards that take effect immediately

and remain in effect until superseded by

a permanent standard. To take such an

action, OSHA must determine that:

• Workers are in grave danger due 

to exposure to substances or 

agents determined to be toxic or 

physically harmful or to new 

hazards; and

• An emergency standard is 

necessary to protect them.

OSHA then publishes the emergency

temporary standard in the Federal

Register, where it also serves as a 

proposed permanent standard. The

usual procedures for adopting a 

permanent standard apply, except 

that a final ruling should be made 

within six months.

Congressional jurisdiction

over OSHA standards

OSHA submits all final rules to

Congress and the General Accounting

Office for review. Congress has the

authority to repeal a standard by 

passing a joint resolution under an

expedited procedure established by the

Small Business Regulatory Enforcement

and Fairness Act, or SBREFA, but has

done so only once. For the repeal to

take effect, the joint resolution must be

signed by the President. 

Employer recourse

An employer who is unable to comply

with new requirements or anyone who

disagrees with a new standard can:

• Petition a court for judicial 

review;

• Request a permanent, temporary, 

or experimental variance from a 

standard or regulation; or

• Apply for an interim order to 

continue working under existing 

conditions while OSHA considers 

a variance request.

Petitions to modify or 

withdraw standards or

requirements

Employers or employees may petition

OSHA to modify or revoke standards

just as they may petition the agency to

develop standards. OSHA continually

14

www.osha.gov
reviews its standards to keep pace with

developing and changing industrial

technology.

Filing a petition for 

judicial review 

Anyone who may be adversely affected

by a final or emergency standard may

file a petition for judicial review. The

objecting party must file the petition

within 60 days of the rule’s publication

with the U.S. Court of Appeals for the

circuit in which the petitioner lives or

has his or her primary place of business.

Filing an appeals petition will not delay

enforcement of a standard, unless the

Court of Appeals specifically orders it.

OSHA issues permanent standards only

after careful consideration of the arguments and data received from the public

in written submissions and at hearings.

Guidelines versus 

standards

A guideline is a tool to assist employers

in recognizing and controlling hazards.

It is voluntary and not enforceable

under the OSH Act. Failure to implement a guideline is not itself a violation

of the OSH Act’s general duty clause. 

Guidelines are more flexible than 

standards. They can be developed

quickly and can be changed easily as

new information becomes available

with scientific advances. Guidelines

make it easier for employers to adopt

innovative programs to suit their 

workplaces, rather than inflexible, onesize-fits-all solutions to issues that may

be unique to an industry or facility.

Variances

A variance grants an employer formal

permission to deviate from a standard’s

requirements or time frame.

Employer requests 

for variances

Employers may ask OSHA for a 

variance from: 

• A newly promulgated standard or 

regulation if they cannot fully 

comply by the effective date due 

to shortage of materials, 

equipment, or professional or 

technical personnel; or

• Requirements of a standard or 

regulation if they can demonstrate

that their alternative or 

alternatives provide employees 

with protection as effective as that

provided by the standard or 

regulation. 

Types of variances

An employer applies for a temporary

variance if he or she cannot comply

with a standard or regulation by its

effective date because professional or

technical personnel, material, or 

equipment are not available, or because

the necessary construction or alteration

of facilities cannot be completed in

time. While operating under a temporary variance, an employer generally

must meet specific conditions specified

by OSHA.

An employer who can prove that working conditions, practices, means, methods, operations, or processes at his or

her worksite are as safe and healthful as

they would be if the employer complied

with the standard may apply for a 

permanent variance. Pending OSHA

approval to grant a permanent variance,

an employer must comply with the

OSHA standard.

15

www.osha.gov
16

An employer may apply for an 

experimental variance if he or she is

participating in an effort to demonstrate

or validate new job safety and health

techniques, and either the Secretary of

Labor or the Secretary of HHS has

approved that experiment.

Impact of variance 

applications on citations

Variances are not retroactive. An

employer who has been cited for violating a standard may not seek relief from

that citation by applying for a variance.

The fact that a citation is outstanding

does not prevent an employer from 

filing a variance application. However,

if the citation is being contested by the

employer, the OSHA Administrator 

has the option to decline to accept the 

variance application for the provision(s)

under contest.

For more information 

about variances

For further information and help in

applying for a variance, contact the

nearest OSHA office listed on the 

agency website at www.osha.gov or 

by calling (800) 321-OSHA (6742). 

Reporting 

OSHA’s reporting 

requirements

All employers must report to OSHA

within eight hours of learning about:

• The death of any employee from a

work-related incident, and

• The in-patient hospitalization of 

three or more employees as a 

result of a work-related incident. 

In addition, employers must report all

fatal heart attacks. Deaths from motor

vehicle accidents on public streets

(except those in a construction work

zone) and in accidents on commercial

airplanes, trains, subways or buses do

not need to be reported. 

These reports may be made by 

telephone or in person to the 

nearest OSHA area office listed at

www.osha.gov or by calling OSHA’s

toll-free number, (800) 321-OSHA

(6742).

Employers may be subject to other

requirements in other OSHA standards

as well.

Recordkeeping

Benefits

OSHA’s recordkeeping requirements, as

set out in the OSH Act, established an

effective, centralized, nationwide system

for monitoring occupational safety and

health problems—a vital requirement

for gauging problems and solving them.

Keeping records allows OSHA to 

compile survey material, helps identify

high-hazard industries, and informs

employees about their employers’ 

workplace safety record. These records

also help employers identify potential

sources of injuries and illnesses at their

worksites.

Employer requirements

OSHA’s reporting and recordkeeping

regulations require employers to:

• Maintain records in each 

establishment of occupational 

injuries and illnesses as they occur

and make those records accessible

to employees; 

www.osha.gov
17

• Keep injury and illness records 

and post from February 1 through

April 30 an annual summary of 

occupational injuries and illnesses 

for each establishment. A company

executive must certify the accuracy

of the summary;

• Record any fatality regardless of 

the length of time between the 

injury and death;

• Provide, upon request, pertinent 

injury and illness records for 

inspection and copying by any 

representative of the Secretaries of

Labor or HHS, or the state during

any investigation, research, or 

statistical compilation;

• Comply with any additional 

recordkeeping and reporting 

requirements in specific OSHA 

standards.

Exempt employers

Employers with 10 or fewer employees

are exempt from maintaining the

OSHA log of injuries and illnesses

unless the Bureau of Labor Statistics

(BLS) or OSHA notifies them that they

have been selected to participate in a

mandatory data collection.

OSHA also exempts employers in certain low-hazard industries such as real

estate agencies and clothing stores, as

defined in the recordkeeping standard.

Exempt employers must still comply

with requirements to display an OSHA

“It’s The Law” poster (OSHA 3165)

and report to OSHA within eight hours

any accident that results in one or more

fatalities or the hospitalization of three

or more employees.

A few exempt employers will have to

maintain records if OSHA or BLS

selects them to participate in a 

mandatory data collection. The agency

will notify those employers in advance

and supply them the necessary forms

and instructions.

What cases to record

To determine which work-related

injuries and illnesses must be recorded,

consult the decision tree on page 18. 

Exceptions to the 

recording requirements

To be considered work-related, there

must be a significant degree of 

aggravation to a preexisting injury or

illness. In addition, cases arising from

eating food and drinking beverages,

blood donations, and exercise programs

do not need to be recorded. Common

cold and flu cases also do not need to

be recorded. There are specific criteria

for determining when mental illnesses

are considered work-related and when

cases should be recorded if employees

are traveling or working at home. For

more information, visit www.osha.gov.

Maintaining 

recordkeeping forms

Employers must log injuries and 

illnesses on recordkeeping forms, keep

the logs current and retain them for five

years at each establishment. Logs must

be available for inspection by representatives of OSHA, HHS, BLS, or the 

designated state agency within four

hours of the request. Employers are

required to update logs to reflect any

changes that occur. 

Do not send any recordkeeping forms to

OSHA or any other agency. The employer maintains forms and posts the annual

summary in the workplace. If OSHA

inspects the workplace, the employer will

be required to produce the forms.

Reporting and

Recordkeeping

Requirements

OSHA recordkeeping

regulations require

many employers to

maintain records of

workplace injuries, 

illness, and deaths.

Employers must: 

• Maintain injury and

illness records,

• Report all fatalities,

• Report each 

accident that 

hospitalizes three 

or more 

employees,

• Make records 

accessible to 

employees,

• Allow OSHA access

to records, and

• Post an annual 

summary of 

injuries and 

illnesses.

www.osha.gov
Determining if an injury or

illness is work-related

An employer must consider an injury or

illness to be work-related if an event or

exposure in the work environment

either caused or contributed to the

resulting condition or significantly

aggravated a preexisting injury or 

illness. Most injuries and illnesses 

resulting from events or exposures in

the work environment are presumed to

be work-related. 

Employers with multiple

worksites

Employers must keep injury and illness

records for each establishment. OSHA

defines an establishment as a “single 

18

Did the employee

experience an

injury or illness?

Is the injury

or illness

work-related?

Is the injury

or illness

a new case?

Does the injury or illness

meet the general 

recording criteria or 

the application to 

specific cases?

Do not record the 

injury or illness.

Record the

injury or illness

Update the previously

recorded injury or illness

entry if necessary.

NO

NO

NO

NO

YES

YES

YES

YES

www.osha.gov
physical location where business is conducted or where services are performed.”

An employer whose employees work in

dispersed locations must keep records at

the place where the employees report for

work. In some situations, employees do

not report to work at the same place each

day. In that case, records must be kept at

the place from which they are paid or at

the base from which they operate.

19

Industries Partially Exempt from OSHA Recordkeeping Requirements*

525 Hardware Stores 725 Shoe Repair and Shoeshine Parlors

542 Meat and Fish Markets 726 Funeral Service and Crematories

544 Candy, Nut, and Confectionery Stores 729 Miscellaneous Personal Services

545 Dairy Products Stores 731 Advertising Services

546 Retail Bakeries 732 Credit Reporting and Collection Services

549 Miscellaneous Food Stores 733 Mailing, Reproduction, and Stenographic Services 

551 New and Used Car Dealers 737 Computer and Data Processing Services

552 Used Car Dealers 738 Miscellaneous Business Services

554 Gasoline Service Stations 764 Reupholstery and Furniture Repair

557 Motorcycle Dealers 78 Motion Picture

56 Apparel and Accessory Stores 791 Dance Studios, Schools, and Halls

573 Radio, Television, & Computer Stores 792 Producers, Orchestras, Entertainers

58 Eating and Drinking Places 793 Bowling Centers

591 Drug Stores and Proprietary Stores 801 Offices and Clinics Of Medical Doctors

592 Liquor Stores 802 Offices and Clinics Of Dentists

594 Miscellaneous Shopping Goods Stores 803 Offices Of Osteopathic Physicians

599 Retail Stores, Not Elsewhere Classified 804 Offices Of Other Health Practitioners

60 Depository Institutions (banks and 807 Medical and Dental Laboratories

savings institutions) 809 Health and Allied Services, 

61 Nondepository Institutions (credit Not Elsewhere Classified

institutions) 81 Legal Services

62 Security and Commodity Brokers 82 Educational Services (schools, colleges,

63 Insurance Carriers universities and libraries)

64 Insurance Agents, Brokers, and 832 Individual and Family Services

Services 835 Child Day Care Services

653 Real Estate Agents and Managers 839 Social Services, Not Elsewhere Classified

654 Title Abstract Offices 841 Museums and Art Galleries

67 Holding and Other Investment Offices 86 Membership Organizations

722 Photographic Studios, Portrait 87 Engineering, Accounting, Research,

723 Beauty Shops Management, and Related Service

724 Barber Shops 899 Services, Not Elsewhere Classified

SIC Code 

Industry 

Description

SIC Code 

Industry 

Description

www.osha.gov

*The Bureau of Labor Statistics is in the process of converting its industry-specific data from Standard

Industrial Classification (SIC) codes to the North American Industry Classification System (NAICS). 

In the future, OSHA will change its classifications from SIC to NAICS codes.
Recordkeeping forms

Three forms are needed for recordkeeping:

• OSHA 300, Log of Work-Related 

Injuries and Illnesses

Employers must log each recordable

occupational injury and illness on this

form within six working days from the

time the employer learns of it. A 

complete copy current to within 45 

calendar days must be present at all

times in the establishment if the

employer prepares the log at a central

location using automatic data 

processing equipment. A substitute for

the OSHA 300 is acceptable if it is as

detailed, readable, and understandable

as the OSHA 300. 

• OSHA 301, Injury and Illness 

Incident Report. 

Each employer must complete the

OSHA 301 form within seven calendar

days from the time the employer learns

of the work-related injury or illness.

This form includes more data about

how the injury or illness occurred. 

Employees and former employees are

guaranteed access to their individual

OSHA 301 forms. Employee representatives will be provided access to the

“information about the case” section of

the OSHA 301 form in establishments

where they represent employees.

• OSHA Form 300A, Summary of 

Work-Related Injuries and Illnesses.

This form was created to make it easier

to post and calculate incident rates.

Employers must post copies of the 

previous year’s records no later than

February 1 and keep them in place

through April 30. 

Recording zero injuries 

or illnesses

If there were no injuries or illnesses 

during the year, employers must enter

“zero” on the totals line of the form

and post it. The form must be signed

and certified by a company executive.

Employee privacy

Employers must withhold the names of

individuals with sensitive injuries such

as sexual assaults, HIV infections, and

mental illness. 

OSHA’s annual survey

Each year, OSHA collects injury and 

illness information from employers

through the OSHA Data Initiative to

better direct agency resources and

improve worker protections. All

employers in construction and manufacturing with 40 or more employees are

eligible to be included in the initiative.

In addition, employers from 67 other

industries in other industrial sectors 

are selected, generally if they are in

industries rated as “high hazard” or

with high injury and illness rates.

Establishments are selected for inclusion

in the annual survey based on previous

reported injury and illness rates, an

OSHA intervention, or the periodic

revisiting of former participants in the

annual survey.

OSHA asks employers selected for 

participation to send information

already collected on the 300A summary

form, required by the OSHA 

occupational injury and illness recordkeeping regulation.

20

Information

Employers 

Must Post

Employers must display at each establishment, wherever they

normally post notices

to employees, the following:

• A copy of the totals 

from the previous 

year’s summary of 

occupational 

injuries and 

illnesses, OSHA 

300A (February 

through April);

• OSHA “It’s The 

Law” poster 

(OSHA 3156), or the

state equivalent, 

informing 

employees of 

their rights and 

responsibilities 

under the OSH Act;

• Summaries of 

petitions for 

variances from 

standards of 

recordkeeping 

procedures; and

• Copies of all OSHA 

citations for 

violations of 

standards. These 

must remain 

posted at or near 

the location of 

alleged violations 

for three days, or 

until the violations 

are corrected, 

whichever is longer.

www.osha.gov
How OSHA carries out 

its mission

OSHA conducts a broad range of 

programs and activities to promote

workplace safety and health and protect

the nation’s workers. These programs

and activities are based on three 

strategies: 

• Strong, fair, and effective 

enforcement; 

• Outreach, education, and 

compliance assistance; and 

• Partnerships and other 

cooperative programs. 

Strong, Fair, and Effective

Enforcement

Compliance officer authority

The OSH Act authorizes OSHA 

compliance officers—at reasonable

times, in a reasonable manner, and

within reasonable time limits—to:

• Enter any factory, plant, 

establishment, construction site, 

or other areas of the workplace or

environment where work is being 

performed;

• Inspect and investigate during 

regular working hours any such 

place of employment and all 

pertinent conditions, structures, 

machines, apparatus, devices, 

equipment, and materials;

• Inspect and investigate at other 

times any such place of 

employment and all pertinent 

conditions, structures, machines, 

apparatus, devices, equipment, 

and materials; and

• Question privately any employer, 

owner, operator, agent or 

employee during an inspection or 

investigation.

Compliance officer 

qualifications

OSHA compliance officers have 

specialized knowledge and experience in

the occupational safety and health field,

including industrial hygiene, safety 

engineering, toxicology, and occupational medicine. They receive vigorous 

training on OSHA standards and how

to recognize safety and health hazards.

Many staff members have specialized

credentials such as certified industrial

hygienist (CIH) or certified safety 

professional (CSP) certifications. 

Advance notice of 

inspections

OSHA generally conducts inspections

without advance notice. In fact, anyone

who alerts an employer in advance of

an OSHA inspection can receive a criminal fine of up to $1,000 or a six-month

jail term or both.

However, under special circumstances,

OSHA may give the employer advance

notice of an inspection—but no more

than 24 hours. These special 

circumstances include:

• Imminent danger situations, 

which require correction 

immediately;

• Inspections that must take place 

after regular business hours or 

require special preparation;

• Cases where OSHA must provide 

advance notice to assure that the 

employer and employee 

representative or other personnel 

will be present; and

• Situations in which OSHA 

determines that advance notice 

would produce a more thorough 

or effective inspection.

Programs & Services

21

Programs & Services

www.osha.gov
Employers receiving advance notice 

of an inspection must inform their

employees’ representative or arrange 

for OSHA to do so.

Search warrants

An employer has the right to require 

the compliance officer to obtain an

inspection warrant before entering the

worksite. OSHA may inspect after

acquiring a judicially authorized search

warrant based on administrative 

probable cause or evidence of a 

violation.

OSHA may take appropriate steps,

including legal action, if an employer

still refuses to admit a compliance 

officer, or if an employer attempts to

interfere with an inspection.

Inspection priorities

OSHA cannot inspect all 7 million

workplaces covered by the OSH Act

each year. The most hazardous 

workplaces need primary attention.

OSHA, therefore, has established a 

system of inspection priorities in order

to make the most positive impact on 

occupational safety and health. The

agency inspects under the following

conditions:

Imminent danger, or any condition

where there is reasonable certainty that

a danger exists that can be expected to

cause death or serious physical harm

immediately or before the danger can

be eliminated through normal 

enforcement procedures. OSHA gives

top priority to imminent danger 

situations.

Catastrophes and fatal accidents

resulting in the death of any employee

or the hospitalization of three or more

employees.

Employee complaints involving 

imminent danger or an employer 

violation that threatens death or serious

physical harm. (For more information

about complaint procedures and

employee rights, see pages 6 and 7.) 

Referrals from other individuals, 

agencies, organizations, or the media.

Planned, or programmed, inspections 

in industries with a high number of 

hazards and associated injuries.

Follow-ups to previous inspections.

The Inspection Process –

Off-site Investigations

“Phone/fax” investigations

There are two ways that OSHA can

respond to a complaint. OSHA can

either perform an on-site inspection or

an off-site investigation, also known as

a “phone/fax investigation.” 

Although every worker has a right to

receive an on-site inspection if certain

conditions are met, there are times

when a phone/fax (or letter) 

investigation may be a better 

alternative. OSHA responds more

quickly to lower-priority hazards using

a phone/fax approach. This enables the

agency to concentrate resources on the

most serious workplace hazards.

Employees who request a phone/fax

investigation do not give up the right to

request an on-site inspection of 

potential violations and hazards if they

are not satisfied with the investigation.

Workers should call their nearest OSHA

area office to discuss their options. 

If an off-site investigation is appropriate, the agency telephones the employer,

22

The OSH Act

authorizes OSHA to

conduct workplace

inspections to

enforce its standards.

Every establishment

covered by the OSH

Act is subject to

inspection by OSHA

compliance safety

and health officers.

www.osha.gov
describes the alleged hazards, and then

follows up with a fax or letter. The

employer must respond in writing 

within five days, identifying any 

problems found and noting corrective

actions taken or planned. If the

response is adequate, OSHA generally

will not conduct an inspection. The

employee or employee representative

who filed the original complaint 

will receive a copy of the employer’s

response and, if still not satisfied, may

then request an on-site inspection. 

If the employee or employee 

representative files a written complaint

that meets certain conditions, then

OSHA may conduct an on-site 

inspection. Those conditions include

claims of serious physical harm that

have already resulted in disabling

injuries or illnesses or claims of 

imminent danger situations; written,

signed complaints requesting inspections; and situations where the

employer provided an inadequate

response to a phone/fax investigation.

The Inspection Process –

On-site Inspections

What to expect

A typical OSHA inspection includes

four stages:

• Presentation of inspector 

credentials;

• Opening conference;

• Inspection walkaround; and

• Closing conference.

How an inspection begins

When arriving at a worksite, the 

OSHA compliance officer displays 

official credentials and asks to meet an 

appropriate employer representative.

Employers should always insist on 

seeing the compliance officer’s 

credentials.

An OSHA compliance officer carries

U.S. Department of Labor credentials

bearing his or her photograph and a

serial number that an employer can 

verify by phoning the nearest OSHA

office. Posing as a compliance officer is

a violation of law; suspected imposters

should be promptly reported to local

law enforcement agencies.

Opening conference

In the opening conference, the 

compliance officer:

• Explains why OSHA selected the 

establishment for inspection;

• Obtains information about the 

establishment;

• Explains the purpose of the 

visit, the scope of the inspection, 

walkaround procedures, 

employee representation, 

employee interviews, and the 

closing conference; and

• Determines whether an OSHAfunded consultation is in progress 

or whether the facility has 

received an inspection exemption. 

If so, the compliance officer 

usually terminates the inspection.

The compliance officer asks the 

employer to select an employer 

representative to accompany him or 

her during the inspection. OSHA 

welcomes, but does not require, an

employee representative to accompany

the inspector.

Under no circumstances may the

employer select the employee representative for the walkaround. OSHA does,

however, encourage employers and

employees to meet together.

23

www.osha.gov
Inspection walkaround

After the opening conference, the 

compliance officer and accompanying

representatives proceed through the

establishment, inspecting work areas 

for potentially hazardous working 

conditions. The compliance officer will

discuss possible corrective actions with

the employer. OSHA may consult, at

times privately, with employees during

the inspection walkaround.

An inspection walkaround may cover

only part of an establishment, 

particularly if the inspection resulted

from a specific complaint, fatality, or

catastrophe or is part of a local or

national emphasis program. Other

inspections may cover the entire facility,

“wall to wall.” 

Trade secrets observed by the 

compliance officers are kept confidential. Federal employees who release

confidential information without authorization are subject to a $1,000 fine,

one year in jail, or both, and removal

from office or employment.

Records reviews

The compliance officer checks posting

and recordkeeping practices, including

whether the employer has: 

• Maintained records of deaths, 

injuries, and illnesses;

• Posted OSHA’s Summary of 

Work-Related Injuries and 

Illnesses (OSHA 300A) from 

February 1 to April 30; and

• Prominently displayed the OSHA 

“It’s The Law” poster 

(OSHA 3165). 

The compliance officer also examines

records, where required, of employee

exposure to toxic substances and 

harmful physical agents.

24

Selecting employee representatives

If ...

the employees are represented

by a recognized bargaining 

representative, 

there is a plant safety 

committee and no recognized

bargaining representative, 

there is neither a recognized

bargaining representative nor a

plant safety committee, 

there is no authorized 

employee representative, 

Then ... 

the union usually will designate the 

employee representative to accompany 

the compliance officer.

the employee members of that committee 

or the employees at large will designate the

employee representative.

the employees themselves may select the

employee representative, or the compliance

officer will determine if any other employees

would suitably represent the interests of

employees.

the compliance officer must consult with a

reasonable number of employees concerning

safety and health matters in the workplace.

Such consultations may be held privately. 

www.osha.gov
On-the-spot corrections

Some apparent violations detected by

the compliance officer can be corrected

immediately. The compliance officer

records such corrections to help 

evaluate the employer’s good faith 

for compliance.

Apparent violations that have been 

corrected may still serve as the basis for

a citation or notice of proposed penalty

or both. 

After the walkaround

After the inspection walkaround, the

compliance officer holds a closing 

conference with the employer and the

employee representatives, either jointly

or separately.

During the closing conference, the 

compliance officer:

• Discusses with the employer all 

unsafe or unhealthful conditions 

observed on the inspection and 

indicates all apparent violations 

for which a citation may be 

recommended;

• Tells the employer of his or her 

appeal rights, anti-discrimination 

rights under 11(c) of the OSH 

Act, and procedures for contesting

citations within 15 working days 

after receiving the citation; and

• Informs the employer of his or her

obligations regarding any citations

that may be issued.

The compliance officer will hold a 

separate closing conference with the

employees or their representative, if

requested, to discuss matters of direct

interest to employees and to inform

them of their rights after an inspection.

Information in an 

OSHA citation

Citations inform the employer and

employees of:

• Regulations and standards the 

employer allegedly violated;

• Any hazardous working 

conditions covered by the OSH 

Act’s general duty clause;

• The proposed length of time set 

for abatement of hazards; and 

• Any proposed penalties. 

Additional information 

provided

The compliance officer:

• Informs employers of their 

rights under the Small Business 

Regulatory Enforcement 

Fairness Act of 1996 (SBREFA). 

SBREFA requires that all federal 

agencies have in place a policy 

to reduce or, under appropriate 

circumstances, waive penalties for 

violations of standards by small 

businesses; 

• Informs employers that Regional 

Small Business Regulatory 

Fairness Boards created under 

SBREFA exist to hear cases if 

employers are not satisfied with 

agency resolutions of enforcement

matters;

• Explains that OSHA area offices 

offer assistance and can answer 

questions about programs and 

activities.

Disclosures of penalties

Only the OSHA area director has the

authority to tell the employer what

penalties the agency will propose.

OSHA has up to six months following

an inspection to issue a final report.

After reviewing the full inspection

report, the OSHA area 

director will:

• Issue citations without penalties;

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• Issue citations with proposed 

penalties; or

• Determine that neither are 

warranted.

Violations and Penalties

Types of penalties

Under the OSH Act, OSHA may cite

the following violations and propose

the following penalties:

• Other-than-Serious: A violation 

that has a direct relationship to 

job safety and health, but 

probably would not cause death 

or serious physical harm. OSHA 

may propose a penalty of up to 

$7,000 for each other-than-serious

violation. 

• Serious: A violation where there is

substantial probability that death 

or serious physical harm could 

result and that the employer 

knew, or should have known, of 

the hazard. OSHA may propose a

mandatory penalty of up to 

$7,000 for each serious violation. 

• Willful: A violation that the 

employer intentionally and 

knowingly commits or a violation 

that the employer commits with 

plain indifference to the law. The 

employer either knows that what 

he or she is doing constitutes a 

violation, or is aware that a 

hazardous condition existed and 

made no reasonable effort to 

eliminate it. OSHA may propose 

penalties of up to $70,000 for 

each willful violation, with a 

minimum penalty of $5,000 for 

each willful violation. 

In addition to OSHA citations

and penalties, the U.S. Department

of Justice may bring a criminal

action against an employer whose

willful violation of a standard

results in the death of an employee.

If a court convicts such an employer, the offense is punishable by a

court-imposed fine or by imprisonment for up to six months, or both. 

The court may impose a fine for 

a criminal conviction of up to

$250,000 for an individual or

$500,000 for a corporation.

• Repeated: A violation of any 

standard, regulation, rule, or 

order where OSHA finds a 

substantially similar violation 

during a reinspection. OSHA 

may propose penalties of up to 

$70,000 for each repeated 

violation. To be the basis of a 

repeat citation, the original 

citation must be final. A citation 

under contest may not serve as 

the basis for a subsequent repeat 

citation.

• Failure to Abate: OSHA may 

propose an additional penalty of 

up to $7,000 for each day an 

employer fails to correct a 

previously cited violation beyond 

the prescribed abatement date.

Penalties for 

other violations

Employers may be assessed 

penalties for:

• Violating posting requirements 

can bring a civil penalty of up to 

$7,000. (OSHA does not fine for 

failing to post the “It’s The Law” 

poster (OSHA 3165);) 

• Falsifying records, reports, or 

applications, upon conviction in a

court, can bring a criminal fine of 

$10,000 or up to six months in 

jail, or both;

• Assaulting a compliance officer or

otherwise resisting, opposing, 

intimidating or interfering with a 

compliance officer in the 

performance of his or her duties is

a criminal offense. Anyone 

convicted of such an action is 

subject to a criminal fine of not 

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more than $5,000 and 

imprisonment for not more than 

three years.

Adjustments to proposed

penalty amounts

The agency may adjust a penalty downward depending on the employer’s good

faith (demonstrated efforts to comply

with the OSH Act), history of previous

violations, and size of business. When

the adjusted penalty amounts to less

than $100, OSHA does not propose

any penalty. For serious violations,

OSHA may also reduce the proposed

penalty based on the gravity of the

alleged violation. No good faith 

adjustment will be made for alleged

willful violations.

Criminal penalties

An employer who is convicted in 

a criminal proceeding of a willful 

violation of a standard that has resulted

in the death of an employee may be

fined up to $250,000 (or $500,000 if

the employer is a corporation) or

imprisoned up to six months, or both.

A second conviction doubles the 

possible term of imprisonment.

Contesting Inspection Results

Employee questions 

regarding inspection results

Employees may request an informal

conference with OSHA to discuss any

issues raised by an inspection, 

citation, notice of proposed penalty, or

employer’s notice of intent to contest.

OSHA must conduct an informal 

conference within the 15 working day

contest period. In addition, if OSHA

initiated an inspection due to an

employee complaint, the employee or

authorized employee representative may

request an informal review of any 

decision not to issue a citation.

Employees may contest:

• The time specified in the citation 

for abatement of a hazardous 

condition; and

27

Violation Categories and Possible Penalties

Type of Violation Minimum Penalty Per Violation Maximum Penalty Per Violation 

Other-than-serious $7,000 

Serious $100* $7,000 

Posting $7,000 

Willful $5,000 $70,000 

Willful, with fatality, $250,000/$500,000 or six months

first conviction in prison or both ** 

Willful, with fatality, $250,000/$500,000 or one year 

second conviction in prison or both **

Repeated $5,000 $70,000 

Failure to abate $7,000 per day 

* Set as OSHA policy in the Field Inspection Reference Manual (FIRM)

** The monetary criminal fine is set by Title 18 of the U.S. Code (Crimes and Criminal 

Procedure), Section 3571, which states that individuals found guilty of an offense may not be 

fined more than $250,000, and organizations not more than $500,000.

www.osha.gov
• An employer’s petition for 

modification of abatement 

(PMA) requesting an extension of 

the abatement period. Employees 

must contest the PMA within 

10 working days of its posting or 

within 10 working days after an 

authorized employee representative has received a copy.

Employees, however, may not contest

citations, penalties, or lack of penalties. 

Employer appeals of 

inspection results

When issued a citation or notice of a

proposed penalty, an employer may

request an informal conference with

OSHA’s area director to discuss the

case. OSHA authorizes its area directors

to reach settlement agreements with

employers that adjust citations and

penalties to avoid prolonged legal 

disputes. As with informal conferences

requested by employees, OSHA must

conduct an informal conference 

requested by an employer within the

15-working-day contest period.

Petitions for modification 

of abatement

If an employer who has been cited for

violations cannot meet the abatement

dates as issued or amended at the 

informal conference, the employer must

submit a request for an extension of

time. This is called a petition for 

modification of abatement, or PMA. A

PMA must be filed in writing with the

area director who issued the citation no

later than the close of the next working

day following the date the director 

originally set for abatement. 

Notices of contest

If an employer decides to contest the

citation, the time set for abatement,

and/or the proposed penalty, he or she

has 15 working days after receiving the

citation and notice of proposed penalty

to notify the OSHA area director in

writing. An oral disagreement is not

sufficient. This written notification is

called a notice of contest.

Any employer, employee, or employee

representative also may request an 

informal conference within the 15 

working day contest period to discuss

inspection results. Based on information

and evidence presented at the informal 

conference, OSHA may enter into an

informal settlement agreement with the

employer, which could involve changes

to citations, penalties, or abatement dates.

There is no specific format for the

notice of contest. It must, however,

clearly identify the employer’s basis for

filing a contest of the citation, notice of

proposed penalty, abatement period, or 

notification of failure to correct the 

violation.

Reviews of notices 

of contest

If the written notice of contest has been

filed within the required 15 working

days, the OSHA area director forwards

it to the Occupational Safety and

Health Review Commission (OSHRC).

The commission is an independent 

federal agency created by the OSH Act

to decide contested OSHA citations and

penalties. It is not associated with

OSHA or the Department of Labor.

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The commission will assign an administrative law judge to hear the case. The

administrative law judge may:

• Find the contest legally invalid 

and disallow it, or

• Set a hearing for a public place 

near the employer’s workplace. 

The employer and the employees have

the right to participate in the hearing.

Employer appeals of 

administrative judge rulings

Once the administrative law judge has

ruled, any party to the case may request

a further review by the commission.

Any of the three OSHRC commissioners also may, at his or her own motion,

bring a case before the commission for

review. Employers and OSHA may

appeal commission rulings to the 

appropriate U.S. Court of Appeals.

Outreach, Education, and

Compliance Assistance

Outreach materials on

OSHA’s website

OSHA’s website provides extensive

information about the agency as well 

as standards, interpretations, directives,

technical advisors, compliance 

assistance, and additional information.

The site also includes eTools—interactive software—such as Expert Advisors

and Electronic Compliance Assistance

Tools, information on specific health

and safety topics, regulations, directives,

videos, and other information for

employers and employees. The address

is www.osha.gov.

OSHA also produces QuickTakes, a

bimonthly e-news memo filled with

timely information, updates, and results

from OSHA about safety and health in

America’s workplaces. Subscriptions are

free; just click on the agency website at

www.osha.gov.

In addition, OSHA’s website includes

several special features: 

• Spanish-language pages that 

provide workplace safety and 

health information in Spanish;

• A Small Business page, designed 

to increase awareness among 

small business owners about their 

responsibilities under the OSH 

Act, and resources to help them;

• A Workers’ page that explains 

workers’ rights and responsibilities under the OSH Act; and

• A Teen Workers page that 

addresses safety and health issues 

for workers under age 18. 

These and other web-based resources

are available at www.osha.gov.

Compliance assistance

materials

OSHA has an extensive publications

program. The agency publishes booklets

and fact sheets detailing various facets

of OSHA policy and regulations. These

include numerous publications on 

regulatory topics such as hazard 

communication, asbestos, and bloodborne pathogens, and on programs such

as consultation, voluntary protection,

grants, and training and education. The

agency also publishes guidance 

documents, such as guidelines on

ergonomics for specific industries and

recommendations for addressing 

violence in the workplace. 

Many publications are now available in

Spanish as well as English to ensure

that Spanish-speaking workers also

have access to important workplace

safety and health information. 

29

OSHA cannot succeed in its mission

without fully

informed employers

and employees.

OSHA has a variety

of products, programs, and services

to help employers

comply with its regulations and improve

workplace safety and

health.

www.osha.gov
All OSHA publications can be 

downloaded at no cost from the 

agency website at www.osha.gov. 

In addition, most are available in 

hard-copy form, some at no cost from

OSHA and others as sale items from the

U.S. Government Printing Office. For a

list of available publications, visit

www.osha.gov, call (800) 321-OSHA

(6742), or fax to (202) 693-2498.

You can obtain publications for sale 

by writing: U.S. Government Printing

Office, 710 N. Capitol St. NW,

Washington, DC 20401; or 

calling (202) 512-0132 (phone); or 

(202) 512-1355 (fax). 

Or visit GPO’s online bookstore,

www.access.gpo.gov/su_docs/sale/abkst0

24.html.

OSHA also has several videos available

for loan through the OSHA Publications

Office. Call (800) 321-OSHA (6742) or

visit the agency website at

www.osha.gov for more 

information.

Education and Training 

OSHA Training Institute

The OSHA Training Institute in

Arlington Heights, Ill., a suburb of

Chicago, provides basic and advanced

training and education in safety and

health for federal and state compliance

officers, state consultants, other federal

agency personnel, and private sector

employers, employees, and their 

representatives.

Institute courses cover areas such as

electrical hazards, machine guarding,

ventilation, and ergonomics. Nearly 60

courses are available for private sector

workers dealing with subjects such as

safety and health in the construction

industry and methods of voluntary

compliance with OSHA standards.

The Training Institute facility includes

classrooms, laboratories, a library, and

an audiovisual unit. The laboratories

contain various demonstrations and

equipment, such as power presses,

woodworking and welding shops, a

complete industrial ventilation unit, and

a sound demonstration laboratory.

OSHA Training Institute

Education Centers

OSHA’s Office of Training and

Education also administers the OSHA

Training Institute Education Centers

program. Under this program, certain

nonprofit organizations offer the most

frequently requested OSHA Training

Institute courses for the private sector

and other federal agency personnel at

locations throughout the United States.

The education centers complement the

training provided at the OSHA Training

Institute. They are selected through a

national competition based on 

occupational safety and health 

experience, non-academic training 

background, classroom and laboratory

availability, and the ability to provide

training throughout the region. OSHA

provides no funding to the education

centers. They support their OSHA

training through their normal tuition

and fees. 

The education centers also help 

OSHA administer the OSHA Outreach

Training Program—the agency’s 

primary way to train workers in the

basics of occupational safety and

health. Through the program, 

individuals who complete a one-week

OSHA training course are authorized to

teach 10-hour or 30-hour courses in

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construction or general industry safety

and health standards. These individuals

go on to train thousands more students

each year.

Other Sources

In addition, OSHA’s 73 area offices

offer a variety of informational services

such as personnel for speaking 

engagements, publications, audiovisual

aids on workplace hazards, and 

technical advice.

OSHA training grant 

program

OSHA awards grants to nonprofit 

organizations to provide safety and

health training and education to

employers and workers in the workplace in subjects where OSHA believes

there is a current lack of workplace

training. Grants often focus on 

high-risk activities or hazards or may

help nonprofit organizations establish

ongoing training, education, and outreach efforts. 

Organizations awarded grants use funds

to develop training and educational

programs, reach out to workers and

employers for whom their program 

is appropriate, and provide these 

programs to workers and employers.

Grantees follow up with students to

find out how they applied the training

in their workplace.

For more information contact OSHA

Office of Training and Education, 

2020 Arlington Heights Rd., 

Arlington Heights, IL 60005; or 

call (847) 297-4810.

For more information on grants, 

training, and education, visit OSHA’s

website at www.osha.gov.

Compliance Assistance

OSHA help for employers

and employees

OSHA works closely with the states to

help employers and employees comply

with OSHA standards and regulations

through an active compliance assistance

program. 

Compliance assistance specialists in

each OSHA area office respond to

requests for help from a variety of

groups, including small businesses,

trade associations, union locals, and 

community and faith-based groups.

Compliance assistance specialists also

are available for seminars, workshops,

and speaking events. They can help

employers establish safety and health

management systems for their workplaces or refer them to the OSHA

Consultation Service for assistance.

Safety and health 

management systems

A comprehensive safety and health

management system is the key to a safe

and healthful work environment. A

workplace that is safe and healthful

benefits both employers and employees.

In addition to protecting workers from

injuries and illnesses, it can stimulate

innovation and creativity and result in

increased performance and higher 

productivity. 

OSHA Consultation Service

The OSHA Consultation Service is a

free service that enables employers to

identify potential hazards at their worksites and ways to correct them, improve

their occupational safety and health

management systems, and even qualify

for a one-year exemption from routine

31

Elements of a 

successful safety and

health management

system: 

• Management 

leadership and 

employee 

involvement,

• Worksite 

analysis, 

• Hazard 

prevention and 

control, and

• Safety and 

health training. 

www.osha.gov
OSHA inspection. The service is 

delivered by state governments using

well-trained professional staff. Most

consultations take place on-site, though

limited services away from the worksite

are available.

Employer benefits

Besides helping employers identify and

correct specific hazards, OSHA’s 

consultation service provides free, 

on-site assistance in developing and

implementing effective workplace safety

and health programs that emphasize

preventing worker injuries and illnesses.

In addition, OSHA’s regional offices can

help with compliance, ergonomics,

bloodborne pathogens, and small 

business concerns. 

OSHA’s comprehensive consultation

assistance includes an appraisal of:

• Mechanical systems, physical 

work practices, and environmental hazards of the 

workplace; and

• Aspects of the employer’s present 

job safety and health program.

Employers also may receive training

and education services, as well as limited assistance away from the worksite.

Who qualifies for 

consultation assistance

Consultation assistance is available to

smaller employers (with fewer than 250

employees at a fixed site and no more

than 500 nationwide) who want help in

establishing and maintaining a safe and

healthful workplace.

Cost of consultation 

assistance

Consultation programs are funded

largely by OSHA and run by state 

agencies at no cost to the employer who

requests help. OSHA does not propose

penalties or issue citations for hazards

identified by the consultant. The

employer’s only obligation is to correct

all serious hazards and potential safety

and health violations the consultant

identifies. 

Employer privacy 

protections

State authorities provide consultation

assistance to the employer with the

assurance that his or her name and firm

and any information about the workplace will not be routinely reported to

OSHA enforcement staff.

Enforcement action

No citations are issued or penalties 

proposed for hazards identified by the

consultant. The purpose of the program

is to help smaller employers identify

and fix hazards in their workplaces.

However, if an employer does not 

correct violations identified through

consultation assistance, the consultant

may refer the employer for a possible

inspection.

SHARP

Certain exemplary employers may

request participation in OSHA’s Safety

and Health Achievement Recognition

Program (SHARP). Eligibility for 

participation in SHARP includes 

receiving a comprehensive consultation

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visit, demonstrating exemplary achievements in workplace safety and health

by abating all identified hazards, and

developing and implementing an 

excellent safety and health program. 

Employers accepted into SHARP may

receive an exemption from programmed

inspections—not complaint or accident

investigation inspections—for one year.

For more information about 

consultation assistance in your state,

visit www.osha.gov. 

Partnerships and Other

Cooperative Programs

OSHA’s cooperative 

programs

Voluntary, cooperative relationships

among employers, employees, unions,

and OSHA can be a useful alternative

to traditional OSHA enforcement 

and an effective way to reduce 

worker deaths, injuries, and illnesses. 

OSHA has several types of cooperative

programs: 

• Alliances

• OSHA Strategic Partnerships, 

• Voluntary Protection Programs, 

and the

• Safety and Health Recognition 

Program (SHARP).

Alliances

Alliances, OSHA’s newest type of cooperative program, enable organizations

committed to workplace safety and

health to collaborate with OSHA to

prevent injuries and illnesses in the

workplace. OSHA and its allies work

together to reach out to, educate, and

lead the nation’s employers and their

employees in improving and advancing

workplace safety and health. 

Why participate

There are many benefits to participating

in an Alliance with OSHA. Through

this program, organizations will:

• Build trusting, cooperative 

relationships with the agency;

• Network with others committed 

to workplace safety and health; 

• Leverage resources to maximize 

worker safety and health 

protection; and

• Gain recognition as a proactive 

leader in safety and health. 

Who can participate

Alliances are open to all groups, 

including:

• Trade or professional

organizations,

• Businesses,

• Labor organizations,

• Educational institutions, and

• Government agencies. 

In some cases, organizations may be

cooperating with OSHA for the first

time. In others, they may be building on

existing relationships with the agency

that were developed through other

cooperative programs such as strategic

partnerships, the Voluntary Protection

Programs, and consultation.

How Alliances work

There are few formal program 

requirements for Alliances, which are

less structured than other cooperative

agreements, and the agreements do not

include an enforcement component.

However, OSHA and the participating

organizations must define, implement,

and meet a set of short- and long-term

33

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goals that fall into one or more of three

categories: 

• Training and education,

• Outreach and communication, 

and

• Promoting the national dialogue 

on workplace safety and health. 

After an Alliance is signed

OSHA and its allies will form an 

implementation team. The team, consisting of OSHA and the organization’s

representatives, will develop strategies

and begin implementing programs or

processes for meeting the defined goals.

For more information about national

Alliances, contact OSHA’s Office of

Outreach Services and Alliances at

(202) 693-2340 or visit www.osha.gov.

For information about regional or local

alliances, contact the appropriate

regional office listed on page 37 or call

(800) 321-OSHA (6742).

OSHA Strategic Partnership

Programs (OSPP)

OSHA Strategic Partnerships are 

voluntary, written, long-term agreements

to form cooperative relationships

between OSHA and groups of 

employers, employees, employees’

union representatives, and sometimes

other stakeholders (for example, trade

and professional associations, 

universities, and other government

agencies.) OSPs aim to have a measurable, positive impact on the American

workplace by encouraging, assisting,

and recognizing partners’ efforts to

eliminate serious hazards and to achieve

a high level of worker safety and health.

What OSHA Strategic

Partnerships do

These partnerships help participants: 

• Establish effective safety and 

health management systems; 

• Train managers and employees to 

recognize, and then eliminate or 

control, hazards common to their 

industry and their particular 

worksite; 

• Give employees the opportunity 

to become involved meaningfully 

in their own protection; and 

• Create ways for partners to share 

expertise and other resources. 

How partnerships improve

worker safety and health

Many OSHA Strategic Partnerships are

designed to lead to the development

and implementation of comprehensive

workplace safety and health management systems. OSHA has found that a

systems approach is the best strategy for

reducing deaths, injuries, and illnesses

on the job. Other partnerships focus on

the elimination or control of a specific

industry hazard. 

Benefits of participating

Participating in an OSHA Strategic

Partnership offers such benefits as:

• Declines in workplace injuries and

illnesses, and consequent 

reductions in workers’ 

compensation and other injuryand illness-related costs;

• Improved employee motivation to

work safely, leading to better 

quality and productivity;

34

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• Development or improvement of 

safety and health management 

systems; 

• Positive community recognition 

and interaction; and

• Partnership with OSHA.

Voluntary Protection

Programs

Voluntary Protection Programs (VPP)

represent one part of OSHA’s effort to

extend worker protection beyond the

minimum required by OSHA standards.

There are three VPP programs: Star,

Merit, and Demonstration. OSHA

designed them to:

• Recognize outstanding 

achievement of employers and 

employees who are working 

together to provide high-quality 

worker protection by implementing effective safety and health 

management systems; 

• Motivate other employers to 

achieve excellent safety and health

results in the same outstanding 

way; and

• Establish a cooperative 

relationship between employers, 

employees, and OSHA.

How VPP can help 

employers and employees

VPP participation can mean:

• Improved employee motivation to

work safely, leading to better 

quality and productivity;

• Lost workday case rates generally 

50 percent below industry 

averages;

• Reduced workers’ compensation 

and other injury- and illnessrelated costs;

35

• Positive community recognition 

and interaction;

• Further improvement and 

revitalization of already good 

safety and health management 

systems; and

• Partnership with OSHA.

How OSHA monitors 

VPP sites

OSHA reviews an employer’s VPP

application and conducts an on-site

review to verify that the safety and

health systems described are operating

effectively at the site. OSHA continues

to conduct regular evaluations of

approved sites. 

All participants must submit to their

OSHA regional office in February of

each year a copy of the most recent

annual evaluation conducted at the site.

This evaluation must include the injury

and illness numbers and rates for the

past year.

OSHA inspections 

at VPP sites

Sites participating in a VPP are not

scheduled for regular, programmed

inspections. OSHA, however, handles

any employee complaints, serious 

accidents, or significant chemical 

releases that may occur according to

routine enforcement procedures.

www.osha.gov
OSHA Quotes 

36

What employers and 

employees are saying about

the value of working with

OSHA to promote workplace

safety and health

Employers and employees are recognizing that OSHA has changed and that

the agency wants to work cooperatively

with them to help improve their workplaces. More and more, employers are

coming to seek out OSHA’s assistance

and support as they introduce new

ways of doing things that protect their

workers and strength their businesses. 

Here’s just a sampling of

what people are saying...

About the business sense

behind workplace safety 

and health: 

“We can’t make a quality product with

an unsafe process.” – Ken Lindgren,

DACO, Inc.

“It makes sense to run an effective 

safety and health program because your

people deserve it, your customers

demand it, and your business practices

and future will not be there without it.”

– Dan Fergus, Genesee Stampings 

“Safety is a pass/fail item, in that if you

fail at safety, the other stuff doesn’t

matter.” – Mac Armstrong, Air

Transport Association

“If you want to be the best company

out there, then it’s not enough to have

good wages, benefits, and profitability. You have to have a good safety 

program in place and make sure you

have a safe company.” – Gordon

Hannaford, Point-Five Windows

About the quality-of-life benefits of safety and health: 

“I want to see and hear my grandchildren, and because of the safety program

at Curtis Lumber, I’m going to be able

to.” – John Meier, Curtis Lumber

“We feel that it is our duty to have

every employee return home to his or

her family sound and healthy every

day.” – John Obel, NexTech

About working with 

OSHA through its programs

and services: 

“The health and safety of our people

has always been of paramount 

importance to us. Our goal of zero 

incidents required teamwork like

OSHA’s Strategic Partnership Program,

combined with relentlessly pursuing the

elimination of unsafe actions and 

conditions.” – Walter Berry, Bollinger

Shipyards, Inc.

“It’s funny how so many people are

afraid of OSHA and afraid of the big

fines. But in the Consultation Program,

they’re not there to issue fines. They’re

there to help you. It’s a wonderful,

wonderful program that has a lot to

offer.” – Keri Alwin, Laser Technologies, Inc.

“I must admit, when the company first

proposed a partnership with OSHA, I

was apprehensive. Now I’m convinced

that this was the right thing to do.”

–Nathan Bailey, Ford-Visteon 

About sharing what they’ve

learned about workplace

safety and health: 

“We’re big on sharing what we know

about safety and health. We know that

our program is making a difference and

we want to give other facilities an

opportunity to learn how to protect

their workers, too.” – Sherry Welch,

Citizens Memorial Healthcare Foundation

www.osha.gov

OSHA Quotes
Region I

(Connecticut,* Massachusetts,

Maine, New Hampshire, Rhode

Island, Vermont*)

JFK Federal Building, Room E340

Boston, MA 02203

(617) 565-9860

Region II

(New Jersey,* New York,*

Puerto Rico,* U.S. Virgin

Islands*) 201 Varick

Street, Room 670

New York, NY 10014

(212) 337-2357

Region III

(Delaware, District of Columbia,

Maryland,* Pennsylvania,*

Virginia,* West Virginia)

The Curtis Center

170 S. Independence Mall West

Suite 740 West

Philadelphia, PA 19106-3309

(215) 861-4900

Region IV 

(Alabama, Florida, Georgia,

Kentucky,* Mississippi, North

Carolina,* South Carolina,*

Tennessee*)

Atlanta Federal Center

61 Forsyth Street SW, Room 6T50

Atlanta, GA 30303

(404) 562-2300

Region V

(Illinois, Indiana,* Michigan,*

Minnesota,* Ohio, Wisconsin)

230 South Dearborn Street, 

Room 3244

Chicago, IL 60604

(312) 353-2220

Region VI

(Arkansas, Louisiana, New

Mexico,* Oklahoma, Texas)

525 Griffin Street, Room 602

Dallas, TX 75202

(214) 767-4731 or 4736 x224

Region VII

(Iowa,* Kansas, Missouri,

Nebraska)

City Center Square

1100 Main Street, Suite 800

Kansas City, MO 64105

(816) 426-5861

Region VIII

(Colorado, Montana, North

Dakota, South Dakota, Utah,*

Wyoming*)

1999 Broadway - Suite 1690

Denver, CO 80202-5716

(303) 844-1600

Region IX 

(American Samoa, Arizona,*

California,* Hawaii, Nevada,*

Northern Mariana Islands)

71 Stevenson Street, Room 420

San Francisco, CA 94105

(415) 975-4310

Region X

(Alaska,* Idaho, Oregon,*

Washington*)

1111 Third Avenue, Suite 715

Seattle, WA 98101-3212

(206) 553-5930

Regional Offices

37

*These states and territories operate their own OSHA-approved job safety and health programs

(Connecticut, New Jersey, and New York plans cover public employees only). States with approved

programs must have a standard that is identical to, or at least as effective as, the federal standard.

Note: To get contact information for OSHA area offices, OSHA-approved state plans, and OSHA

consultation projects, please visit us online at www.osha.gov or call us at (800) 321-OSHA (6742).

www.osha.gov

Regional Offices
A

Advisory Committees, 10

Alliances, 3, 33-34

Atomic energy workers, 4

B

Brown lung disease, 2

Bureau of Labor Statistics, 17

C

Citations, see Enforcement

Compliance assistance, 3, 21, 29-31

Complaint, how to file, 6, 7, 12, 23

Consultation, 3, 31-33

Costs of workplace illness and injuries, 1, 2, 3 

Criminal actions, against employers, 26, 27

E

Electronic information, see Website (OSHA)

Enforcement, 3, 6, 11, 20, 21-28

Ergonomics, 10, 29

F

Farms and farmers, 4

Fatalities (workplace), 1, 2, 3, 16, 22

Federal Register, 13, 14

Fines, see Penalties

Forms (OSHA Forms 300, 300A, 301), 20, 24

G

General Accounting Office, 14

Grants, 31

Guidelines, 15, 29

H

Health and Human Services (HHS), 

Department of, 13, 14

I

Injury and Illness Rates and Records, 1, 2, 

16-20, 24

Inspections, 5, 11, 21-28, 32, 35

Investigations, 6, 21

J

Judicial review (of standards), 15

K

Low-hazard industries, 17

M

Medical exams, 5

Medical records, 5, 6

Mine workers, 4

Multiple worksites, 18

N

National Institute for Occupational Safety 

and Health (NIOSH), 5, 13, 14

Nixon, President Richard M., 2

O

Occupational disease, 2

Occupational Safety and Health Act (Public 

Law 91-596), 1, 2, 3, 4, 7, 8, 10, 11, 13,

14, 15, 21, 22, 25, 28

Occupational Safety and Health 

Administration, creation of, 1,2

Occupational Safety and Health Review 

Commission, 28-29

Outreach, 3, 29-30

P

Partnerships, 3, 21, 33, 34-35

Penalties, 3, 25-27, 28, 32

Poster, OSHA, 5, 6, 17, 20, 24

Privacy, right to, 20, 32

Protective equipment, 6, 13

Public sector employees, 9-10

Q

QuickTakes, 29

R

Recordkeeping, 3, 5, 16-20

Regulatory Agenda, 13

Reporting accidents, injuries, illnesses, 5, 6, 

16, 17, 18, 20

Reporting hazardous conditions, 6, 7, 8, 16, 

17, 18, 20

Retaliation (against workers), 8

S

Safety and Health Programs, 5, 6, 12, 31-33

Safety and Health Achievement Recognition 

Program (SHARP), 32-33

Search warrants, 22

Self-employed, 4 

Small business, 14, 25, 29

Spanish language publications, 29

Standards, Safety and Health, 3, 5, 6, 12, 13, 

14, 15

State employees, 4

State programs (“state plan states”), 3, 4, 7, 

10, 11-12

Steiger, Representative William A., 2 

Strategic Partnership Programs, 34-35

T

Teen workers, 29

Training (OSHA), 30-31

Trenching and excavation, 2

U

Unsafe conditions, 7, 8

V

Variances, 14, 15-16

Violations, 26-27, 28

Voluntary Protection Programs, 33, 35

W

Website (OSHA), 29, 30

Whistleblower protections, 8-9

Williams, Senator Harrison A., 2

Workplace Fatalities (see Fatalities)

Index

38

www.osha.gov