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:
60% penalty reduction may be applied if an employer has
25 employees or fewer;
OSHA also has fewer recordkeeping requirements for very small
business. Employers with 10 or fewer employees are exempt from
most OSHA recordkeeping requirements for recording and reporting
occupational injuries and illnesses.
Consultation offers free help in identifying workplace hazards
and establishing or improving safety and health management
systems corporate-wide. Employers in high-hazard industries or
involved in hazardous operations receive priority. Largely
funded by OSHA, consultation programs are run by state agencies
and offer an array of services.
Key Services offered by Consultation:
Help in recognizing hazards in the workplace.
Suggested approaches or options for solving a safety or
health problem.
Sources of help available to a company needing further
assistance.
Written reports that summarize the findings of on-site
reviews of safety and health.
Assistance in developing or maintaining an effective
safety and health management system.
Training and education for a small business and its
employees at the workplace and, in some cases, away from the
worksite.
Recognition by OSHA's Safety and Health Achievement
Recognition Program (SHARP).
Benefits from
Consultation:
An effective workplace safety and health management system at a
small business worksite(s) will enable the small employer to:
Recognize and remove hazards from the worksite.
Protect an employer’s workers from injury and illness.
Prevent loss of life at an employer’s worksite.
Cultivate informed and alert employees who take
responsibility for their own and their coworkers’ safety and
for worksite safety as a whole.
Improve employee morale.
An increased understanding of workplace
hazards and remedies will put small business managers in a
better position to:
Comply with federal and state safety and health
requirements.
Become more effective at their jobs. Management experts
believe that the company with a well-managed safety and
health system enjoys better overall management.
Increase productivity rates and assure product quality.
An exemplary workplace safety and health
management system is good business sense that also makes
financial sense because it will allow a small business to:
Learn first-hand that the cost of accident prevention is
far lower than the cost of accidents.
Through SHARP, the On-site Consultation Program recognizes
exemplary employers who take special pride in providing a safe
and healthful working environment for their employees and who
meet specific program criteria. Employers who qualify receive a
1-year exemption from OSHA’s general schedule inspections. After
1 year of certification, the small employer may request renewal
for 1 or 2 years, provided the site meets specific program
criteria.
The Voluntary Protection Programs (VPP) promote effective
worksite-based safety and health. In the VPP, management, labor,
and OSHA establish cooperative relationships at workplaces that
have implemented a comprehensive safety and health management
system. Approval into VPP is OSHA's official recognition of the
outstanding efforts of employers and employees who have achieved
exemplary occupational safety and health.
Each OSHA Area Office in states under federal jurisdiction has a
Compliance Assistance Specialist. These staffers respond to
requests for help from a variety of groups, including small
businesses. CAS’s put on seminars and workshops for small
businesses and other groups. They promote OSHA’s cooperative
programs, OSHA’s training resources, and the OSHA web site.
OSHA Alliances are the agency's newest form of cooperative
programs. Alliances enable organizations committed to reducing
workplace injuries and illnesses to collaborate with OSHA to
reach out to, educate, and lead the nation's employers and their
employees in improving and advancing workplace safety and
health. Compliance assistance resources produced by various
Alliances benefit small businesses. For example, OSHA’s Alliance
with the Tree Care Industry Association will produce training
materials and promote OSHA’s compliance assistance resources for
tree care companies, many of which are small businesses.
The OSHA Small Business Handbook is one of OSHA's most requested
publications. The handbook assists small business employers in
meeting the legal requirements imposed by the OSH Act of 1970
and in creating and maintaining effective safety and health
management systems. Recent revisions to the handbook
incorporated comments and suggestions from small business
employers and small business trade organizations from across the
country, and it now includes new and improved industry
checklists. The updated handbook is available on the OSHA Web
page at
OSHA Small Business Handbook [PDF
- 261 KB] or in hard copy from OSHA's Publications Office at
1-800-321-OSHA.
Third-Party Training and Education --
OSHA gives training and education grants to various non-profit
groups to develop programs to help small businesses establish
safety and health programs and materials that they make
available to small businesses
OSHA’s Training Institute (OTI) and OSHA’s Training Education
Centers across the country provide basic and advanced courses in
safety and health. OSHA’s area offices offer information
services, such as audiovisual aids, technical advice, and
speakers for special engagements. In addition, the Training
Centers have begun offering one-day or one-half-day seminars to
increase opportunities for small business employers to attend
safety/health training.
Susan Harwood Training Grants Program – Training and educational
programs for small businesses is a priority for the grants
program. The program has funded Small Business Development
Centers.
OSHA standards, interpretations, directives, interactive
software, compliance assistance materials, e-Tools, and
additional information are available or can be ordered online at
www.osha.gov.
OSHA’s computer-based training software provides assistance to
small employers through its Expert Advisors and eTool software
on topics such as hazard communication, asbestos, cadmium,
confined spaces, fire safety, and lead in construction. eTools
are "stand-alone," interactive, Web-based training tools on
occupational safety and health topics. They are highly
illustrated and utilize graphical menus. Some also use expert
system modules, which enable the user to answer questions, and
receive reliable advice on how OSHA regulations apply to their
work site.
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