OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
August 7, 1989
Mr. Paul F. Moonier
Route 5, Box 135
Perryville, Missouri 63775
Dear Mr. Moonier:
This is in response to your letter dated July 18, 1989, addressed to Secretary of Labor Elizabeth H. Dole, regarding working conditions at your place of employment. In your letter you ask about the legal right of your employer to issue a notice to all workers concerning the management's policy on job safety and health.
The Occupational Safety and Health Administration (OSHA), within section 5(a)(1) of the Act, requires each employer to furnish to each employee, employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to the employees. Employer actions to accomplish this goal may take many forms, including training, education, inspections, accident investigations, and discipline when appropriate.
Your employer has elected to use the notice to all employees to reinforce the company's policy toward insuring a safe place of employment for all workers. This approach is but one facet of a total accident prevention program.
While your employer's notice emphasizes the role of employees in preventing accidents and also emphasized the threat of punishment for "carelessness," it is entirely legal from OSHA's point of view. And although the general tone of the letter may cause it to be perceived as punitive, it clearly states the employer's willingness to correct any hazards identified by employees. As an employee, you are also protected from reprisals by employers for reporting unsafe working conditions.
In addition to the employer's obligations to provide a safe place to work, there is also an obligation on the part of each employee. Section 5(b) of the OSH Act states that each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to the act which are applicable to the employee's own actions and conduct.
OSHA supports and encourages a joint employee and employer effort to provide a hazard free work environment for all men and women.
If we may be of further assistance please contact us, or your local OSHA Area Office. Thank you for your interest in safety and health.
Sincerely,
Patricia K. Clark, Acting Director
[Directorate of Enforcement Programs]
[Corrected 10/22/2004]