The federal Occupational Safety and Health Act, also called OSHA, requires employers to provide a safe working environment for their workers. Many states also have their own workplace conditions law. In order to comply with OSHA, employers must first learn about their obligations under this federal law.

Which Law Do I Follow -- Federal or State?

If your business operates in one of the states listed below, then you operate in what is called a "state plan state," and you must follow your state's law:

Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.

(Connecticut, New Jersey, New York, and the Virgin Islands also have workplace safety laws, but they cover state and local government employees only. Private employers must still follow the federal law.)

If your business operates in one of the states listed above, you can find information about your state's laws and resources on the U.S. Department of Labor's website, at www.osha.gov (look for State Occupational Safety and Health Plans).

If your business does not operate in one of the states listed above, then you must follow the federal OSHA law. Read on for more information about this important, and sometimes confusing, law.

OSHA Covers Just About Everyone In Your Workplace

You must follow OSHA's rules for every worker in your business, regardless of the worker's title, status, or classification. This means that the law covers managers, supervisors, partners, stockholders, officers, and family members of yours who work for you -- as well as rank-and-file employees.

The law does not, however, cover independent contractors or family members of a farm operator.

General Safety Rules For All Businesses

OSHA requires covered employers to maintain a workplace that is free of hazards that they know about or should know about, and that are causing or are likely to cause death or serious physical injury. These sorts of hazards are called "recognized hazards."

Hazards can be unsafe conditions (for example, toxic fumes or broken equipment) or unsafe practices (for example, push starting tractors or operating circular saws with one hand instead of both hands). If you can easily detect a hazard by walking through your workplace and using your senses (for example, you can see or smell the hazard), then you must get rid of it. You must also use reasonable means to look for and eliminate hazards. 

Your duty to provide a safe working environment extends beyond the four walls of your building. Wherever you send people to do work must be safe -- even if the work takes place off site.

OSHA requires you to provide tools and equipment that are in safe working condition. It also requires you to adequately train and supervise your workers. And it requires you to provide specific safety equipment when necessary.

Special Safety Rules for Specific Industries

Although the general safety standards described above apply to everyone, some of OSHA's standards apply to only one industry -- for example, the construction industry, the maritime and longshoring industry, or the agricultural industry. These safety standards can be complicated and quite daunting for employers to follow. See "Where Can I Turn For Help," below, for information on where to go for assistance in figuring out what rules apply to you.

Other OSHA Requirements

Your obligations under OSHA don't stop with maintaining a safe work environment. You must also meet certain reporting requirements, posting requirements, and recordkeeping requirements, and you must submit inspections to OSHA. For example, you must report fatal accidents to OSHA within eight hours of their occurrence. You must post an OSHA poster informing workers of their rights and obligations under the law. You must also keep records of your efforts to comply with the law and to prevent injuries and illnesses. (For more information about these requirements, read Nolo's article  OSHA Compliance: Recordkeeping, Reporting, Posting, and Inspection Rules.) 

Worker Rights Under OSHA

OSHA gives your workers certain rights to take action to ensure that their workplace is safe. For example, workers may file complaints with OSHA regarding unsafe working conditions or other OSHA violations, and you may not retaliate against them for doing so. Workers may also refuse to work when they face imminent danger in the workplace, and, once again, you may not retaliate against them for doing so. Indeed, it is very important that you, as the employer, do not attempt to suppress workers' OSHA rights in any way. Otherwise, you leave yourself vulnerable to fines, penalties, or worse.

Where Can I Turn For Help?

The Occupational Safety and Health Administration, commonly referred to as OSHA, is  the agency that enforces OSHA, and it has a lot of great information on its website, at www.osha.gov. Of particular interest is its Compliance Assistance section. There, you will find fact sheets, booklets, Expert Advisors, eTools, and Safety and Health Topics pages.

For comprehensive information about OSHA, including how to comply with its provisions, get The Essential Guide to Federal Employment Laws , by Lisa Guerin and Amy DelPo (Nolo).