Employer Responsibilities
Employers have the main responsibility for workplace safety under the OSH Act. Knowing what your employer owes you helps you recognize when something is missing.
- Construction
- General Industry
Employers must
- Provide a workplace free from serious recognized hazards and follow all OSHA standards that apply
- Find and correct hazards, preferably by eliminating them or using engineering controls first
- Provide required PPE at no cost to workers (with a few exceptions) and make sure it is used
- Train workers on hazards and safe practices in a language and vocabulary they understand
- Keep tools and equipment in safe condition
- Use color codes, signs, labels and posters to warn of hazards
- Have a hazard communication program, labels and Safety Data Sheets for hazardous chemicals
- Provide medical exams and training when required by a standard (for example respirators, lead or silica)
- Post the OSHA “Job Safety and Health: It’s the Law” poster
- Report fatalities within 8 hours and hospitalizations, amputations and eye losses within 24 hours
- Keep injury and illness records (unless exempt) and give workers access to them
- Post OSHA citations near the area of the violation
- Not retaliate against workers who use their rights
Who pays for PPE?
Employers must pay for required PPE. Some exceptions where the employer does not have to pay:
- Ordinary safety-toe boots and ordinary prescription safety glasses, if the employer allows them to be worn off the jobsite
- Everyday clothing and ordinary weather gear (like regular winter coats or rain gear)
- Items the worker lost or intentionally damaged
Specialty items, such as metatarsal boots, prescription inserts for full-face respirators, harnesses, hard hats and respirators, must be paid for by the employer.
Note: In construction, employers must also have a program for frequent and regular inspections of jobsites, materials and equipment by competent persons (29 CFR 1926.20(b)).
Video: what a good employer safety program looks like
Standards & references
- OSHA: Employer responsibilities
- 29 CFR 1910.132: PPE general requirements, including payment (h)
- 29 CFR 1926.95: Criteria for PPE (construction)
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