Whether you own or work at a hotel, motel or a restaurant at one point or another you’ve either seen the words OSHA posted on a document or have had an interaction with an inspector from OSHA. The role of OSHA, in regards to the hospitality industry, is vastly important not only to the workers, but also to your customers as well. And if your establishment is not up to OSHA regulations and standards you can almost certainly expect a visit from one of their inspectors.
Who is OSHA?
OSHA stands for the Occupational Safety and Health Administration and is the federal agency that regulates workplace safety. OSHA is part of the Department of Labor and was founded in 1971 after the passing of the Occupational Safety and Health Act of 1970.
“To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health.”
– Occupational Safety and Health Act of 1970.
The Role OSHA Plays in the Hospitality Industry
While a key aspect of OSHA’s regulations is the requirement for employers to provide a safe and hazard-free work environment, OSHA’s rules and regulations encompass so much more. Here is just a few things that OSHA requires at all establishments in the hospitality industry:
- Maintain Clean and Dry Floors
- Handle Food Properly
- Maintain Fire Safety
- Maintain Optimal Working Conditions
- Hazard Communication
- Electrical Safety
- Heat Stress
- And More…
OSHA requires all businesses in the hospitality industry to keep a record log of all incidents that occur on the premises. That could include a slip and fall in the main lobby of the hotel. It could also mean a burn from the grill in the kitchen. OSHA requires that each incident gets recorded into that log within six days of the injury or occurrence. OSHA also requires that this log be kept for 5 years and has to be produced during an OSHA inspection. If the injuries are severe that require hospitalization or led to death, you have to notify OSHA within 8 hours.
What to do During an OSHA Inspection
When an OSHA inspector comes for an inspection it can either be announced or an unannounced visit. When they do arrive it your responsibility to produce your log book as well as to let them inspect every and any area of your business as well as let them conduct interviews with your staff.
You should appoint a point of contact person for them as well. This person should be familiar with your safety procedures and be able to provide the inspector with any necessary documentation or information. They should also accompany the inspector as well as take notes of violations or potential hazards that need to be remedied.
After the inspection, ask to meet with the inspector to discuss what they found, if anything, to ask questions about their rules and regulations, and to gain a better understanding of any required corrective actions that need to be implemented.
OSHA inspections cover more than just the physical aspects of your restaurant, hotel etc. Inspectors also examine your record-keeping practices and compliance with reporting requirements.
And to be clear OSHA inspectors differ from your local city, county or state health inspectors. Your city or state health inspectors can refer violations to OSHA who would come out and do their own inspection.
OSHA Penalties and Citations
If your establishment has been found in violation of OSHA rules and regulations you will more than likely be issued a citation. A citation will include the nature of your infraction and the timeline in which it should be corrected.
Failure to correct citations will most often lead to penalties which include fines or even shutting down your establishment until the violations have been fixed. Other factors affecting fines or penalties include a finding that the violation is a repeat occurrence or a failure to correct a previous violation. If the violation is found to be willful, criminal charges can be filed against your business.
With Congress authorizing OSHA to be given new penalty authority during the Obama Administration, fines for repeat violators has increased from $70,000 per violation to approximately $130,000. As a result, some repeat OSHA violators are seeing more $100K+ and $1M+ fines. It’s best to not be considered a repeat violator or you could be paying high amount of money in fines and penalties.
The Benefits of Being OSHA Compliant
It make seem like the role of OSHA is to nitpick and to fine for violations, but that isn’t the case. Following and adhering to OSHA guidelines also has it’s benefits such as:
- It reduces staff turnover
- Your establishment develops a reputation for health and safety
- Minimize losses due to fine and penalties
- Increased profits
As a business owner or operator in the hospitality industry, it is your responsibility to understand the role of OSHA as well as all it’s rules and regulations. You can’t be a profitable and successful business in the hospitality industry if your establishment is constantly to be found in violation of OSHA.
Photo by Jason Leung on Unsplash
