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                                           Purpose of OSHA Compliance

OSHA imposes the duty on employers to provide a workplace which is free from “recognized and known hazards.” There are two requirements for every business;
1. The elimination of both obvious and non-obvious hazards.
2. All employers keep various written records regarding safety in their work place for review by employees and OSHA.


Who must comply:
Under OSHA, an employer is: “anyone who has employees.” There is no required minimum number of employees. Some businesses are exempt from OSHA coverage for all or part of their operations, because they are governed by separate federal, state or local agencies; industries such as railroads, airlines, mines are regulated by additional agencies Federal Rail Authority (FRA), Federal Aviation Authority (FAA), and Mine Safety & Health Administration. Those regulations may preempt OSHA coverage to some extent, although OSHA regulations would still apply even in those industries if they are not preempted by more specific regulations.


Safety Regulations: are generally based on easily identifiable hazards and are designed to protect employees from their own or others’ negligence. Safety regulations involve such things as machine guarding, fall protection, LOTO, guard rails, and the like.


Health Regulations: protect employees from exposure to a harmful work environment. Heath regulations are generally limitations on exposure to things such as toxic substances, noise, biological, and the like.


General Requirement: This provision which applies to all employers and the outline of specific safety standards applicable to all industries. These standards cover areas such as facilities, machines, personal safety equipment and analysis of OSHA’s record-keeping requirements. Each employer shall furnish to each of his employees a place of employment which is free from recognized and known hazards that are causing or are likely to cause death or serious physical harm to his employees. Four elements are necessary to establish a breach of an employer’s obligation:

1. Know hazards existed in the workplace
2. Hazard was recognized
3. Known hazard was causing or was likely to cause death or serious injury to employees
4. Employer could have taken feasible steps to abate the condition.

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