By Rod Smith, Pat Miller, Chuck Newcom and Matt Morrison

On October 18th, OSHA issued its long-awaited “Recommended Practices for Safety and Health Programs”. The Recommendations replace OSHA’s 1989 Voluntary Guidelines with a comprehensive web-site containing numerous resources to set up or revise a company safety and health program. OSHA states that the Recommendations can be used in any size business, in any industry, including manufacturing, service and government. According to a local OSHA source, Recommended Practices for the construction industry are undergoing final review and approval, and should be released on OSHA’s web-site within 30 days.

In considering the Recommendations, employers should keep several important facts in mind. First, the Recommendations are only advisory, not mandatory. As a disclaimer to the Recommendations clearly states:

“These practices for safety and health programs are recommendations only. Employers are not required to have a safety and health program that complies with them and will not be cited for failing to have a safety and health program that complies with this document.”

Employers must also understand that many of the recommendations far exceed the requirements of OSHA’s existing standards and regulations. For example, new recommendations for “Communication and Coordination for Host Employers, Contractors and Staffing Agencies” – a new “core” element of a safety and health plan – are not found in the standards themselves, except in limited circumstances.

Lastly, employers should understand that adoption of a recommended practice does not constitute compliance with any particular standard. OSHA is clear that the Recommendations do not alter any existing obligations created by OSHA standards. In other words, follow the standards.

The Recommendations provide a wealth of information to develop or revise a health and safety program and, overall, improve safety and health in the workplace. They are recommended reading for all employers.

Rod Smith, Pat Miller, Chuck Newcom and Matt Morrison are part of Sherman & Howard’s Labor & Employment Law Department, practicing in the areas of occupational safety and health law. They routinely appear before the federal Occupational Safety and Health Review Commission, the federal Mine Safety and Health Review Commission, and state occupational safety and health boards.

Sherman & Howard L.L.C. has prepared this advisory to provide general information on recent legal developments that may be of interest. This advisory does not provide legal advice for any specific situation and does not create an attorney-client relationship between any reader and the Firm.

©2016 Sherman & Howard L.L.C.                                                                                    October 24, 2016