"Last year I set up a small Internet business. We have grown by leaps and bounds during the past year and now have 10 full-time employees. Frankly, we've grown so fast that our office space hasn't kept up. We've got some people working two to a cubicle, and there are piles of boxes in the aisles and against the walls. I'm getting a little concerned about workplace safety, but I don't know if I'm big enough yet to comply with federal Occupational Health and Safety Administration (OSHA) rules. Can you shed some light on what we should be doing to protect our employees against workplace injuries?"
First of all, let me compliment you for having the wisdom to think about this before one of your employees trips over a box, breaks a leg and sues you. Sadly, that's how most small businesses first become aware that they have to put a workplace safety policy in place. When it comes to your employees' safety, an ounce of prevention is definitely better than a ton of cure, because even one lawsuit can put you out of business.
A lot of small business owners are afraid of OSHA, the government agency charged with regulating workplace safety. And rightly so — the OSHA rules are Byzantine in their complexity, and if an OSHA audit uncovers safety issues, the penalties can range from a warning to a $70,000 fine.
Here are some suggestions for learning what you have to do to comply with OSHA regulations before someone in your office gets hurt.
First, make sure you are in compliance with your state's worker's comp insurance laws. These laws require you to maintain insurance on every one of your employees for workplace injuries. Because your business has grown so fast so quickly, I'm willing to bet you are currently underinsured. Talk to your insurance broker and buy any additional insurance he or she recommends.
Next, order an OSHA poster — these can be downloaded free of charge from the OSHA Web site (www.osha.gov) — and post it in a conspicuous place so your employees know about their safety rights.
Then, consider calling the OSHA office nearest you and speaking with a compliance specialist. This individual can offer advice on training and educating your workplace on health and safety regulations. A list of OSHA offices by region can be found on the Web site.
OSHA also offers a consultation program, under which representatives from the regional office will visit your workplace and offer advice on finding and fixing health and safety hazards. Just make sure to clean up your act before the OSHA reps arrive. If they don't like what they see, it could lead to a full-blown OSHA audit of your workplace.
If you're nervous about waking a sleeping Rottweiler by making your business visible to OSHA's regional office, OSHA does offer some other programs and services that you can access without disclosing your identity:
OSHA has created a number of interactive software tools, called "OSHA Advisors," that can walk you through the rules and regulations that apply to your business — you can download these at www.osha.gov/dts/osta/oshasoft/index.html.
Ask your trade or professional associates if they participate in OSHA's Alliance Program or Partnership Program. If they do, they may be able to help you identify workplace safety hazards without having to involve OSHA directly.
The best approach to workplace safety is to use common sense. Rent a storage unit somewhere and get those boxes out of the aisles and hallways. Redesign your office cubicle space so employees have room to move around without tripping over one another (better yet, move to a bigger office where each employee can have his or her own cubicle). Call a monthly meeting of your employees and get them to tell you about safety hazards — believe me, they are aware of them, but they won't tell you about them unless you ask, for fear of being labeled the office crybaby.
If an employee complains about a potential hazard ("each time I lean over the kitchen counter to grab something from an overhead cabinet, my tie goes into the toaster"), don't ignore it. Fix it that very same day (or as soon as you can get a contractor over to your office). If you delay, you will forget about it, and that will send your employees a strong signal that you are merely paying lip service to their complaints. Even if you think the hazard isn't serious enough to warrant immediate attention, fixing it promptly will improve office morale and encourage your employees to speak up about perceived safety hazards so the OSHA inspectors won't have to.
Cliff Ennico ([email protected]) is a syndicated columnist, author and host of the PBS television series 'Money Hunt.' His latest book, "Small Business Survival Guide," has just been published by Adams Press. This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com.
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