10 Employers Duties Under OSHA

Understanding employers’ duties under OSHA is not just about avoiding penalties—it’s about creating a safe and productive workplace where employees thrive. The Occupational Safety and Health Administration (OSHA) is a U.S. federal agency tasked with setting and enforcing standards to ensure safe and healthful working conditions. Employers in all sectors must understand their legal obligations under OSHA to remain compliant and foster a safety-first culture.

As a Health and Safety Consultant, I often find that even well-meaning employers misunderstand or overlook key elements of their OSHA obligations. This guide breaks down each employer’s duty in practical, detailed terms—designed to help you meet the law, protect your workforce, and support long-term organizational success.

Table of Contents

What Is OSHA?

OSHA stands for the Occupational Safety and Health Administration, a federal body created in 1970 under the Occupational Safety and Health Act. Its mandate is to assure safe working conditions by setting and enforcing standards, as well as providing training, education, and assistance. The OSHA Act applies to most private sector employers and workers, along with some public sector employers through OSHA-approved state programs.

Compliance with OSHA is not optional; it’s a legal and moral responsibility. Whether you’re managing a construction site, office building, manufacturing plant, or healthcare facility, OSHA rules apply—and so do the consequences of noncompliance.

What Employers are required to do under OSHA

1. Provide a Workplace Free from Recognized Hazards

At the heart of the OSHA Act is the General Duty Clause (Section 5(a)(1)), which requires every employer to provide employees with a workplace that is free from recognized hazards that could cause death or serious injury. These hazards might include unsafe machinery, chemical exposure, electrical dangers, or even poor ergonomic design.

This general requirement covers areas where no specific OSHA standard may exist. For example, even if there’s no explicit rule for a unique machine you use, if it poses a risk and the hazard is known in the industry, you’re still required to address it.

Failing to remove known hazards can lead to workplace injuries, fatalities, lawsuits, and regulatory penalties. By prioritizing hazard identification and mitigation, employers demonstrate leadership and commitment to a safe working environment.

2. Comply with OSHA Standards Relevant to Your Industry

In addition to the General Duty Clause, employers are responsible for adhering to all specific OSHA standards that apply to their operations. OSHA regulations are categorized by industry, such as General Industry (29 CFR 1910), Construction (29 CFR 1926), Maritime, and Agriculture, and cover specific risks such as:

Hazard Communication (chemical safety)
Fall Protection (working at heights)
Lockout/Tagout (machine energy control)
Respiratory Protection
Electrical Safety
Personal Protective Equipment (PPE)

For example, a manufacturing company must implement machine guarding (1910.212), while a roofing contractor must follow fall protection protocols (1926.501). The employer must stay informed about applicable standards, integrate them into operations, and revise safety policies as standards evolve.

Noncompliance not only puts lives at risk, it opens the door to OSHA citations, fines, and reputational damage. A single overlooked requirement can lead to serious incidents, especially in high-risk industries.

3. Inform Employees About OSHA and Their Rights

Employers must actively inform employees of their rights under OSHA. This starts with posting the OSHA Job Safety and Health: It’s the Law poster (OSHA Publication 3165) in a prominent location in the workplace. Beyond posters, employees should receive clear and continuous communication about:

Their right to report unsafe conditions
How to file a complaint with OSHA
Their right to review injury and illness logs
Their protection from retaliation

This transparency empowers employees to participate in workplace safety efforts. When workers are aware of their rights and responsibilities, they are more likely to recognize hazards, follow safety procedures, and raise concerns early, before accidents occur.

4. Provide Safety Training in a Language and Format Workers Understand

OSHA mandates that employers provide training that is not only job-specific but also delivered in a format that is understandable to the employee. This means considering language barriers, literacy levels, and accessibility needs. For example, if a workforce includes non-English speakers, training must be delivered in their primary language.

Effective training is the cornerstone of workplace safety. It equips employees with the knowledge and skills to identify hazards, use equipment safely, and respond appropriately during emergencies. Employers must document training sessions and routinely refresh employees on critical safety topics.

Poorly communicated safety instructions can render even the best policies useless. In legal terms, OSHA considers training ineffective if the employee cannot understand it, so failing to adjust training to the audience could still result in citations or fines after an incident.

5. Keep Accurate Records of Work-Related Injuries and Illnesses

OSHA requires certain employers—typically those with more than 10 employees in non-exempt industries—to maintain records of work-related injuries and illnesses using:

OSHA Form 300: Log of Work-Related Injuries and Illnesses
OSHA Form 300A: Annual Summary
OSHA Form 301: Individual Incident Report

These forms must be maintained for five years and be available for inspection. Employers must also post the Form 300A summary from February 1 to April 30 each year in a visible area of the workplace.

Accurate recordkeeping is not just about compliance—it’s a powerful tool for identifying safety trends, evaluating risk, and targeting improvements. Moreover, OSHA uses this data to prioritize inspections, making accurate and timely record submission a business-critical function.

6. Report Serious Incidents to OSHA

In addition to recordkeeping, employers must report certain serious workplace incidents to OSHA within specified timeframes:

Fatalities – within 8 hours
Inpatient hospitalizations, amputations, or eye loss – within 24 hours

Reports can be made via phone, the OSHA website, or in person at an OSHA office.

Reporting timely and accurately allows OSHA to investigate the circumstances and determine if broader hazards are present. It also demonstrates the employer’s commitment to addressing serious events promptly and transparently.

Failure to report incidents as required can result in hefty fines and legal consequences, particularly if the failure appears intentional or if workers are harmed as a result.

7. Provide and Maintain Personal Protective Equipment (PPE)

When engineering and administrative controls are not sufficient to eliminate hazards, employers must provide appropriate personal protective equipment (PPE) at no cost to employees. Examples include:

Hard hats
Safety goggles
Gloves
Hearing protection
Respirators
Protective clothing

Employers are also responsible for ensuring that PPE is properly maintained, fits correctly, and is used appropriately. Additionally, employees must receive training on when and how to use PPE.

By supplying the right PPE, employers add a final layer of protection against unavoidable risks. Neglecting this duty often leads to preventable injuries, especially in sectors such as construction, chemical manufacturing, and healthcare.

8. Cooperate with OSHA Inspections

Employers must permit OSHA inspectors access to the worksite and cooperate during inspections. This includes:

Providing safety records and documentation
Allowing walkaround inspections
Answering questions truthfully
Ensuring employees can speak with inspectors privately

During an inspection, the employer and employee representatives may accompany the inspector. This is not only a right but a strategic opportunity to explain site-specific protocols and demonstrate safety procedures.

Obstructing an OSHA inspection or misleading inspectors can lead to severe enforcement actions. Full cooperation supports a fair evaluation of compliance and may even result in reduced penalties if violations are found.

9. Protect Whistleblowers and Encourage Reporting

OSHA enforces whistleblower protection laws, which prohibit retaliation against employees who report safety concerns, file OSHA complaints, or participate in inspections. Retaliatory actions can include:

Termination
Demotion
Harassment
Threats or disciplinary action

Employers must ensure that employees feel safe to raise concerns. Implementing anonymous reporting systems, conducting prompt investigations, and addressing issues fairly helps create a culture of trust and continuous improvement.

Retaliation not only undermines safety—it’s illegal. Employers who punish whistleblowers can face lawsuits, OSHA citations, and loss of employee morale.

10. Engage Employees in Workplace Safety Programs

While not explicitly required in all cases, OSHA strongly recommends involving workers in the development and execution of safety programs. This includes:

Forming safety committees
Conducting joint safety inspections
Involving employees in job hazard analysis
Soliciting feedback after near-misses or incidents

Employees are on the front lines—they often recognize hazards that management may overlook. Their involvement fosters a shared sense of responsibility, enhances program relevance, and improves adherence to safety rules.

Companies that actively involve workers in safety programs tend to experience fewer injuries, lower turnover, and higher overall productivity. It’s a best practice that supports both legal compliance and operational excellence.

Final Thoughts

Employers’ duties under OSHA go far beyond basic compliance checklists—they require a proactive, people-first approach to safety. From eliminating hazards to training, from PPE provision to recordkeeping, each obligation serves the same purpose: to protect the workforce and promote a culture of continuous improvement.

As a Health and Safety Consultant, I’ve worked with many organizations that didn’t realize how vulnerable they were until an incident occurred. OSHA compliance isn’t just for avoiding fines; it’s about building resilient systems that protect your people and your business.

If you’re unsure about your current level of compliance, consider arranging a professional OSHA compliance audit or gap analysis. A small investment in prevention now can save you significant legal, financial, and human costs later.

Frequently Asked Questions

What businesses must comply with OSHA?

Most private-sector employers fall under OSHA’s jurisdiction, including manufacturers, retailers, offices, and healthcare providers. Some public-sector employers may also be covered by state-run OSHA programs.

How often should safety training be conducted?

Training frequency depends on the hazard and industry. Some topics require annual refreshers, while others (like forklift operation) require retraining after an incident or performance issue.

What is the most common OSHA citation?

Fall protection violations in the construction industry consistently top OSHA’s list of most-cited standards.