Employee safety

All businesses have a federally-mandated requirement to keep their employees safe from workplace hazards. This mandate is called the Occupational Safety and Health Act, and it is enforced by the United States Department of Labor, through the Occupational Safety and Health Administration (OSHA). While standards may vary between states and business types, all employers must comply with the General Duty Clause of the Occupational Safety and Health Act, which requires that all businesses furnish a workplace that is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to [its] employees.”

Although this clause sounds like common sense, total workplace safety can be challenging to achieve in high-risk occupations, such as forestry and agricultural work. These industries have ranked among some of the most dangerous places to work in America due to the routine operation of heavy machinery and unpredictable circumstances, such as inclement weather.

Despite these challenges, employers have a duty to maintain workplace health and safety, and to keep their employees as safe as possible from known hazards. Following the OSHA standards for your state and business type is a key part of this process.

Variation in safety standards

There is some variation in the application of OSHA standards, both between states and industries.

States have different levels of coverage under OSHA. There are three tiers to OSHA coverage in the U.S.:

• A state may operate its own OSHA-approved State Plan, which covers both private-sector workers and state/local government workers.
• A State Plan may also be limited in scope, and only apply to state/local government workers. Private sector workers are covered under “federal OSHA,” or the general nationwide OSHA standards.
• A state may choose not to have an OSHA-approved State Plan and instead fall under federal jurisdiction. This means that federal OSHA covers most private sector workers but not state and local government workers. However, state government departments typically cover these employees.

The U.S. Department of Labor monitors its OSHA-approved State Plans every year and reports on current performance. They also follow up on unresolved items and issues from the previous year. States with OSHA-approved State Plans work closely with OSHA to ensure workplace safety compliance.

In Oklahoma, the state Department of Labor operates its own Public Employees Occupational Safety and Health (PEOSH) Division, which oversees employee safety for public sector workers. Federal OSHA covers workers in the private sector.

There are also differences in federal OSHA standards between industries. In other words, if a state chooses to follow the federal OSHA standards, it must also ensure that it uses the correct set of standards for its industry. These specialized industries include standards for maritime, construction, and agriculture workers. Because of the highly specialized nature of these industries, there are specific safety standards for each one.

Federal OSHA standards also include “general industry” standards, which apply to all industries. These standards include, but are not limited to:

• emergency exit plans
• fire safety
• noise exposure
• hazardous waste disposal
• electrical safety
• medical services and first aid

Standards regarding these areas are mandatory to help ensure employee safety. For example, all employers must have fire prevention plans containing specific elements, such as lists of all flammable materials.

Plans and coverage between states can vary. This is why accessing the educational and training materials from OSHA can be particularly helpful. Remember that all safety standards are in place for a reason, especially industry-specific ones. These standards were designed with specific people and workplaces in mind, making them especially valuable. While compliance can sometimes be challenging, it is essential to ensure employee safety in the workplace.