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Workplace Safety and OSHA Compliance

Duwel Law June 16, 2025

Worker with safety clicking on virtual screen with OSHA acronymWorkplace safety isn’t just about avoiding injuries—it’s about creating a culture of care, responsibility, and legal compliance. 

In Ohio and across the United States, employers have a legal obligation to provide a safe and healthy work environment. This responsibility is primarily governed by the Occupational Safety and Health Administration (OSHA), a federal agency tasked with securing workplace safety through standards enforcement and education.

OSHA compliance is a critical component of employment law, influencing everything from company policies and worker training to recordkeeping and liability. For Ohio businesses, staying compliant with OSHA not only helps prevent accidents and injuries but also reduces the risk of costly penalties and lawsuits.

At Duwel Law, we’re dedicated to providing the legal guidance and representation your business needs. We’ve been serving clients in Dayton, Ohio, for more than 50 years. Here, we’ll explore the importance of OSHA compliance, how it intersects with Ohio employment law, and what employers and employees alike need to know to secure workplace safety.

OSHA: The Foundation of Workplace Safety

Established in 1970 under the Occupational Safety and Health Act, OSHA sets and enforces safety and health standards across various industries. Its mission is to make sure that employees work in conditions that are free from known dangers. OSHA accomplishes this through inspections, regulations, guidance, training, and penalties for noncompliance.

Key Responsibilities of OSHA

These core responsibilities enable OSHA to proactively enforce workplace safety and make sure that employers uphold their legal obligations under federal employment law.

  • Creating standards: OSHA develops safety rules based on industry-specific hazards.

  • Conducting inspections: The agency conducts both scheduled and surprise inspections to evaluate compliance.

  • Issuing citations and fines: Violations can result in significant financial penalties and even criminal charges in severe cases.

  • Providing education and training: OSHA helps employers understand and apply safety regulations through outreach programs and resources.

For Ohio employers, OSHA compliance isn’t optional—it’s a legal necessity. Failure to comply can result in severe consequences, both legally and financially. Moreover, ignoring safety rules places employees at serious risk, potentially triggering wrongful injury lawsuits under Ohio employment law statutes.

OSHA Compliance in Ohio: What Employers Need to Know

Ohio falls under federal OSHA jurisdiction, meaning all private-sector employers and their employees must adhere to federal OSHA rules. Public-sector employees, such as those working for state or local government agencies, are regulated by the Public Employment Risk Reduction Program (PERRP), which mirrors OSHA standards for public workplaces.

Basic Requirements for Employers

Every employer in Ohio is required to:

  1. Provide a safe work environment: Identify and mitigate known workplace hazards.

  2. Comply with OSHA standards: Follow specific regulations applicable to their industry.

  3. Display OSHA posters: Post the official OSHA Job Safety and Health poster where employees can see it.

  4. Maintain records: Keep accurate records of work-related injuries and illnesses.

  5. Report serious incidents: Notify OSHA within 8 hours of a workplace fatality or 24 hours of a serious injury.

  6. Train employees: Provide training in a language and vocabulary that workers understand.

Employers should also be familiar with employment law best practices that go hand-in-hand with OSHA compliance, such as anti-retaliation policies and maintaining proper documentation for workplace incidents.

Common OSHA Violations and How to Avoid Them

Each year, OSHA publishes a list of its most frequently cited violations. These often involve preventable hazards that reflect poor safety planning or insufficient training. Below are some of the most common OSHA violations and tips for avoiding them.

Top OSHA Violations

These common violations highlight the critical need for proactive safety measures and consistent compliance with OSHA standards to protect workers and avoid legal repercussions.

  • Fall protection (construction): Failing to provide guardrails or safety nets.

  • Hazard communication: Inadequate labeling or information about dangerous chemicals.

  • Respiratory protection: Not providing proper masks or training in environments with air quality hazards.

  • Scaffolding violations: Unsafe erection or use of scaffolding.

  • Lockout/tagout failures: Failing to control hazardous energy during equipment maintenance.

Addressing these issues through regular training, inspections, and clear safety protocols is essential to maintaining a compliant and injury-free workplace.

How to Prevent Violations

Implementing these proactive strategies helps minimize risks, makes sure your business is OSHA compliant, and fosters a culture of safety within the workplace.

  • Conduct regular safety audits

  • Implement a written safety and health program

  • Keep safety training up to date

  • Assign safety officers or create safety committees

  • Use OSHA resources and consultation services

Avoiding OSHA violations not only protects workers but also strengthens a company’s defense in the event of litigation involving employment law claims, such as wrongful termination or negligence lawsuits.

Employees and Maintaining OSHA Compliance

While employers bear the primary responsibility for maintaining a safe workplace, employees also play a key role in securing compliance and safety.

Employee Rights Under OSHA

Employees have several rights under OSHA regulations, including the right to:

  • Work in a safe environment: Free from serious recognized hazards.

  • Receive training: On health and safety in a language they understand.

  • Report injuries: Without fear of retaliation.

  • Access medical and exposure records: Related to workplace hazards.

  • Request OSHA inspections: If they believe their workplace is unsafe.

Encouraging employees to actively participate in safety efforts can lead to a more robust and proactive culture of compliance. Ohio employment law also prohibits employers from retaliating against workers who report safety violations—a legal protection that reinforces OSHA’s goals.

OSHA Recordkeeping and Reporting Requirements

Accurate and timely recordkeeping is a cornerstone of OSHA compliance. In many industries, employers are legally required to document and report specific incidents. Failure to do so can result in citations and legal liability under both OSHA and employment law statutes.

Key Recordkeeping Forms

Accurate and timely completion of these forms is essential for tracking workplace incidents, demonstrating compliance, and supporting broader employment law obligations.

  • OSHA Form 300: Log of Work-Related Injuries and Illnesses

  • OSHA Form 301: Injury and Illness Incident Report

  • OSHA Form 300A: Summary of Work-Related Injuries and Illnesses

These records must be maintained for five years and, for certain employers, posted annually in a visible location.

When to Report to OSHA

Prompt reporting of serious incidents isn’t only a legal requirement but also a critical step in initiating timely investigations and preventing further workplace hazards.

  • Fatalities: Must be reported within 8 hours

  • Hospitalizations, amputations, or eye loss: Must be reported within 24 hours

Proper recordkeeping also supports other employment law requirements, such as proving the legitimacy of worker’s compensation claims or defending against discrimination and retaliation allegations.

OSHA Compliance Checklist for Ohio Employers

To help businesses work through the intricacies of OSHA compliance, here’s a practical checklist to follow:

  •  Post the official OSHA poster in a visible location

  •  Conduct a workplace hazard assessment

  •  Develop a written safety and health program

  •  Provide necessary Personal Protective Equipment (PPE)

  •  Train employees in hazard recognition and safety procedures

  •  Maintain and regularly update safety records (Forms 300, 301, 300A)

  •  Implement a lockout/tagout system for equipment maintenance

  •  Clearly label and store hazardous substances

  •  Offer required health exams (e.g., for respiratory hazards)

  •  Establish a process for reporting and investigating incidents

  • Prepare for OSHA inspections with policies and documentation ready

  •  Prohibit retaliation against whistleblowers or safety complaints

Following this checklist not only supports OSHA compliance but also demonstrates good faith in fulfilling employment law responsibilities. This is especially important during litigation or government audits.

What to Expect During an OSHA Inspection

An OSHA inspection can occur at any time, especially in response to a complaint or reported incident. Knowing what to expect can help employers remain calm and cooperative during the process. Here’s the typical OSHA inspection process:

  1. Presentation of credentials: The inspector introduces themselves and explains the purpose of the visit.

  2. Opening conference: Discuss the scope of the inspection and company representation.

  3. Walkaround inspection: Inspector tours the facility, taking notes, photos, and speaking with employees.

  4. Closing conference: Preliminary findings are discussed and potential violations identified.

  5. Citation and penalty: A formal citation is issued, along with instructions for correction and possible fines.

Employers have the right to contest citations and may also request an informal conference with OSHA. Legal counsel familiar with employment law should be consulted immediately if citations are issued, as penalties can include not only fines but also damage to the company’s reputation and increased liability exposure.

OSHA and Remote or Hybrid Workplaces

With the rise of remote work, especially post-pandemic, many employers question whether OSHA regulations still apply to home offices or hybrid arrangements. OSHA generally does not inspect home offices, but employers still have a duty to provide guidance and make sure employees are safe while working remotely.

Best Practices for Remote Work Compliance

Following these best practices helps employers fulfill their workplace safety obligations and maintain compliance with evolving employment law standards in remote environments.

  • Provide ergonomic recommendations for home workstations

  • Offer safety training for remote workers

  • Confirms secure and safe use of company equipment

  • Keep communication lines open for reporting work-related injuries

While employment law continues to evolve in response to remote work challenges, employers should stay proactive and updated on any legal changes affecting workplace safety and liability.

Contact Us Today

Whether you’re managing an inspection, updating safety procedures, or educating your workforce, staying current with OSHA requirements is a cornerstone of responsible business management. Duwel Law is here to help your business. We understand the intricacies of OSHA requirements and serve clients in Montgomery County, Miami County, Greene County, Darke County, and Warren County. Contact us today for more information.