November 21, 2024 | Kyle Brown

One of our most frequently asked questions is “How do members of the CSD Pool interact with OSHA?” It’s a valid question, and one that has a multi-layered answer. It’s also a question that all members should know how to answer, one that should encourage looking at current internal policies and procedures. It’s also a question that should lead to more specific questions: Why and how should we adhere to the guidance set forth by OSHA? Do we have the proper elements of a Health and Safety Program? Are we prepared to defend our actions before a court of law? Before we answer these questions, let’s talk about some background on OSHA.

OSHA and Employers

OSHA, which stands for the Occupational Safety and Health Administration, is a regulatory agency under the United States Department of Labor. Established in 1970, OSHA operates with the primary goal of ensuring safe and healthy working conditions for employees by setting and enforcing standards and regulations. They conduct inspections, provides training and education, works to prevent workplace injuries, illnesses, and fatalities, and prosecutes entities who do not take steps to protect their workers. The agency covers most private sector employers and workers, as well as some public sector employers and workers in the United States.

There are many ways that OSHA works with employers to ensure workplace safety and health, but there are two main standards that almost all entities fall under: General Industry standards (29 CFR 1910) and Construction standards (29 CFR 1926).

General Industry standards apply to most workplaces and cover hazards such as fall protection, hazard communication, machine guarding, respiratory protection, electrical safety, and more. They also provide guidance on more specific safety topics such as PPE, bloodborne pathogens, confined spaces, and lockout tagout. These standards are broad and encompass a variety of workplace safety and health concerns.

On the other hand, construction Industry standards are specific to the construction industry and cover hazards commonly found on construction sites, such as scaffolding, excavation, cranes and derricks, electrical work, and personal protective equipment.

OSHA also conducts inspections of worksites and facilities to ensure that employers are complying with the relevant standards and providing a safe workplace for their employees. These inspections can be random or targeted. OSHA may show up at an employer for an inspection for various reasons, including but not limited to:

• Employee Complaints: If employees file complaints with OSHA regarding unsafe working conditions, hazards, or violations of safety regulations, OSHA may conduct an inspection in response to these complaints.
• Imminent Danger: If OSHA receives information about an imminent danger situation in a workplace that poses a risk of death or serious injury to employees, they will prioritize inspecting the workplace to address the hazard immediately.
• Severe Injuries or Fatalities: OSHA may investigate workplaces where severe injuries, fatalities, or accidents have occurred to determine the cause and prevent future incidents.
• Referrals: OSHA may receive referrals from other agencies, organizations, or entities regarding workplace safety concerns that warrant an inspection.
• Targeted Inspections: OSHA may conduct targeted inspections based on high-risk industries, high injury rates, history of violations, or other criteria that indicate a higher likelihood of workplace hazards.
• Programmed Inspections: OSHA conducts programmed inspections as part of its regular inspection schedule to inspect workplaces in specific industries or sectors to ensure compliance with safety standards.

Along with their internal standards and in-person enforcement, OSHA has the power to hand out some hefty fines if they are made aware of workplace hazards that are blatantly disregarded by the employer and therefore fail to create a safe and healthy workplace. Below is a list of their current fines as of 2024:

Now that we have a broad understanding of OSHA and their powers, what exactly does this mean for Special Districts?

OSHA’s Answer for Special Districts

The answer is simple and complicated all at once. In short, special district are an extension of “local government” in the eyes of OSHA. This means they are NOT subject to OSHA and will not be subject to the capabilities of OSHA listed above. Special districts will not be subject to OSHA inspections or investigations, and therefore will also be immune to OSHA fines and recourse.

However, this immunity only goes so far.

If a public entity employer were to wind up in court in a civil case, OSHA standards are what they would be held to. This means that if a special district was not providing a safe and healthy workplace for their employees, they would be fully subject to the law from a liability standpoint. Since OSHA provides guidelines that are the minimal acceptable standard for protecting workers, special districts should absolutely be following the guidance they have put forth.

Remember, while Colorado Special Districts are not subject to direct enforcement by OSHA, these standards are the best recommendations for how to provide a safe and healthy workplace for your employees. In fact, OSHA was created because of public outcry against rising injuries and death rates on the job. As a result of their more than 30 years of operations, OSHA has had a significant impact on worker safety, with daily worker deaths dropping from 38 per day in 1970 to 14 as of 2016.

A Closer Look at OSHA Standards

What exactly does a “safe and healthy” workplace entail? How can you ensure that your district is an environment that is free of recognized hazards? OSHA provides plenty of insight on how we can achieve this as well. OSHA states that the key elements of a safety and health program are as follows:

• Management Leadership – Senior leadership should be creating, defining, and working towards clear safety goals for their organizations. They should also be identifying and defining resources needed to achieve these goals. Management should also assign roles and responsibilities to all workers throughout their organizations in order to effectively achieve these goals. Last, but certainly not least, they should lead by example! Safety is a top-down strategy. If senior leadership does not clearly show a dedication and desire to create a safe workplace, employees will develop the same attitude.
• Worker Participation – Workers need to know and understand their involvement in a safe workplace. They should know their rights as employees and understand all opportunities they may have to contribute to a safer work environment. They should be given time and resources to participate in these initiatives. Workers should also be given adequate opportunity and resources to report safety concerns to the appropriate personnel. Lastly, they should have easy access to health and safety information that pertains to their job scope at all work sites.
• Hazard Identification and Assessment – All employees, from management to field level should be actively involved in identifying and assessing workplace hazards. Hazard identification could come from any number of avenues including employee feedback, industry recognized hazards, and workplace inspections. Entities should also have protocols in place for incident investigations to ensure that hazards do not become a recurring problem.
• Hazard Prevention and Control – Hazard prevention and control can take many forms. It is important to understand all control options and be aware of which are most efficient. Develop hazard control plans for your facility so that when hazards do arise, mitigations and prevention are easy and accurate.
• Education and Training – Education and Training is paramount to creating a safe work environment. Employees should be aware of the hazards they are regularly exposed to, and know how to properly protect themselves. Employees should be able to quickly and easily access all safety manuals, procedures, and protocols, and understand who they should speak to if they have questions. These educational documents and the trainings that accompany them should set the standards for workplace safety and health within your organization.

How does your district stack up to these guidelines set forth by OSHA? How is your safety culture? Are you prepared to defend your health and safety programs in a civil case? These are just a few questions to consider as you continue to refine and grow your risk management and focus on safety at your district.

As we mentioned, although following OSHA is not required for special districts, their reputable standards can serve as a benchmark and a jumping-off-point for making sure you are protecting your district’s assets and employees. At the end of the day, everyone should go home safe.

CSD Pool Member Resources

If you think there are any deficiencies, or you would just like some help reviewing your programs, our staff can help. The CSD Pool has dedicated safety consultants that can help with your programs and procedures, safety training, site audits and inspections, or any generalized health and safety questions you might have. As part of your membership benefits with the CSD Pool, these services are available to you at no cost.

Contact us at safety@csdpool.org if you would like to speak with our experts.