How to Avoid a Costly Penalty
At the beginning of each year, the federal Occupational Safety and Health Administration (“OSHA”), as well as state OSHA plans such as Oregon OSHA (“OR OSHA”), adjust their minimum and maximum penalty amounts to address inflation. For 2025, the federal maximum penalty for other-than-serious violations is $16,550 per violation, and the maximum penalty for willful or repeated violations is $165,514. In Oregon, the 2025 maximum penalties are set at $16,475 for other-than-serious violations and $164,759 for willful or repeated violations. Both federal and state penalties for more serious harms, such as work-related deaths, can reach over $250,000.
With the newly increased maximums in mind, now is a great time for your business to review its OSHA compliance to ensure you steer clear of any penalties.
What is OSHA?
The Occupational Safety and Health Act of 1970 (“OSH Act”), enacted for the purpose of ensuring “safe and healthful working conditions” for workers, established OSHA. OSHA sets and enforces standards for lawful working conditions, as well as providing other assistance such as training, research, and education on topics related to occupational safety and health.
In 1973, the Oregon legislature enacted the Oregon Safe Employment Act, establishing OR OSHA as an authorized State Plan. State Plans under the OSH Act are required to be at least as effective as the federal OSHA. Accordingly, Oregon employers who comply with OR OSHA standards can be confident that they are also in compliance with federal standards.
Is my Workplace Subject to OR OSHA Standards?
The Oregon Safe Employment Act subjects both public and private employers to the requirements set forth by OSHA. OR OSHA regulations exempt certain industries from certain requirements, such as recordkeeping requirements, where those industries have a lower likelihood of injury or hazardous activity. Those industries are specified in Oregon Administrative Rules 437-001-0700 and the requirements vary based on number of employees and type of business.
Maintaining Compliance with OR OSHA Standards
Below is a brief overview of steps employers can take to ensure they are operating a safe, healthy, and OR OSHA-compliant workplace:
Establish a Health and Safety Program. Your health and safety program should include training new employees to safely perform their work.
Conduct Analyses of Worksite Hazards. Employers should identify potentially hazardous activities and work to make them safer for employees. The first step is to conduct a survey of your workplace to locate any potential safety or health hazards. This step should be repeated when new equipment, materials, or processes are implemented. Next, employers should determine the risk of the hazard and the measures that must be taken to reduce that risk. The best outcome is for the hazard to be physically removed, but if that is not possible, consider substituting equipment, materials, or tools that will make the workplace safer. If a substitute is not possible, additional considerations apply such as engineering controls, administrative controls, and personal protective equipment.
Display Employee’s Rights. Employers are required to post copies of certain documents, such as the “Know Your Rights” poster available on OR OSHA’s website, in an accessible location.
Promptly Report Injuries. OR OSHA requires that employers report all work-related fatalities and catastrophes, defined as the hospitalization of three or more employees, to your nearest OR OSHA office within eight hours of the incident. Employers must also report all work-related inpatient hospitalizations, amputations, avulsions (tearing away of body parts), or loss of an eye within twenty-four hours of the incident.
Maintain Adequate Records. There are three main recordkeeping forms employers should be aware of: the DCBS Form 801, the OSHA 300 Log, and the OSHA Form 300A. The DCBS Form 801 is the initial report of a job injury or illness. This form is filled out by injured employees. Employers can then use DCBS Form 801 to inform an OSHA 300 Log, which keeps track of all work-related injuries and illnesses and should include notes detailing the degree and severity of such incidents. Lastly, OSHA Form 300A should summarize the OSHA 300 Log at the end of each year and exhibit the total number of incidents in each reportable category. The OSHA Form 300A must be kept for at least five years. It is also best practice for employers to maintain records pertaining to compliance with other OR OSHA requirements, such as employee training records.
Key Takeaways
Taking proactive measures to ensure the safety of your workplace will not only reduce the risk of your employees suffering harm but may also lead to penalty reductions in the unfortunate event that your business finds itself managing an OSHA violation. Accordingly, it is in your best interest to implement safety and health measures now and to continually monitor your compliance with OR OSHA standards.
The above summaries are best practices for all employers, but it is important to keep in mind that certain employers, such as those in the construction or agriculture industries, may be subject to, or exempt from, specific requirements. For advice specific to your business, it is best to contact your trusted legal advisor.
Hannah LaChance is an attorney at Barran Liebman LLP, where she represents employers on a wide range of employment issues. For questions, contact her at 503-276-2112 or hlachance@barran.com.
Lex Shvartsmann is a law clerk with Barran Liebman LLP, where she partners with attorneys in client trainings, legal research, and the drafting of employment policies and handbooks.
