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OSHA FAQ
Second, employers are required to comply with the safety and health standards promulgated by OSHA. Third, employers are required to keep records of employee injuries, illnesses, deaths, and exposures to toxic substances, and to preserve employee medical records.
There are some exemptions from certain requirements imposed by the law for employers with ten or fewer employees. These small companies do not have to maintain certain types of records, and they are exempt from certain types of penalties and enforcement activities; however, they are still required to provide a safe workplace and comply with OSHA standards.
Q : What are the penalties for violating the OSH Act?
A : First, an employer is required to correct any hazards that violate the law. The employer can also be fined a monetary penalty, the amount of which is determined by the seriousness of the violation. An employer can also be subject to criminal liability and imprisonment for willful violation of an OSHA standard that results in an employee's death.
Q : What happens during an OSHA inspection?
A : The OSHA inspector will meet with the employer and explain the nature of the inspection and review employer documents pertaining to workplace injuries and hazards. Then the inspector will "walk-around" the plant and physically inspect the workplace. The employer and a representative of the employees are allowed to accompany the inspector on the walk-around. The inspector will also talk with employees and ask them questions. At the end of the inspection, the inspector will informally tell the employer of any possible violations that may have been uncovered during the inspection.
Copyright © 2000, 2002 American Bar Association
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