OSHA Benefits for Small Businesses
www.osha.gov
OSHA encourages all businesses to establish safety and health programs and find and fix hazards to prevent workplace injuries and illnesses.
OSHA offers many resources designed specifically for smaller employers. Their Web site provides access to the most popular materials for small businesses, from free on-site consultation to interactive computer software to technical information to easy-to-follow guides for specific OSHA standards. It also includes links to OSHA local offices and the Small Business Administration.
OSHA's Non-Retaliation Policy
OSHA has a long-established policy that information inquiries received by the agency regarding safety and health regulations or other safety-related subjects shall not trigger an inspection. The exact wording is:
"Employer Contacts. Contacts for information initiated by employers or their representatives shall not trigger an inspection, nor shall such employer inquiries protect them against regular inspections conducted pursuant to guidelines established by the agency. Further, if an employer or its representatives indicates that an imminent danger exists or that a fatality or catastrophe has occurred, the Area Director shall act in accordance with established inspection priority procedures."
There are a few rare exceptions to the policy, such as the employer notifying OSHA of the presence of an imminent danger or the occurrence of a fatality. However, OSHA policy is to provide assistance to help employers prevent and reduce workplace fatalities, illnesses and injuries.
Please note: OSHA’s non-retaliation policy is outlined in the OSHA Instruction CPL 02-00-103 (CPL 2.103), Field Inspection Reference Manual, Section 5 - Chapter I, B.4.b.
Penalty Reductions for Small Business
OSHA considers the size of the employer, among other factors when determining the penalty to be proposed for any violation. The Agency has always had detailed procedures in place for making this determination; they are currently embodied in Chapter IV of the Field Inspection Reference Manual (FIRM; OSHA Instruction CPL 2.103), which is conveyed to and followed by all compliance staff.
The FIRM provides that proposed penalties will be reduced by the following percentages in considering employer size:
- a 60% penalty reduction may be applied if an employer has 25 employees or fewer;
- 40% if the employer has 26-100 employees; and
- 20% if the employer has 101-250 employees.
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