Occupational Safety and Health Administration (OSHA)
The Occupational Safety and Health Administration, or "OSHA" as it is commonly known, was established in 1970 and since then it has been enforcing it's written word for the betterment of the workplace. It's purpose is to preserve health and protect employees from hazardous working conditions. As you know, a business is only as good as its employees. Protecting them from working environment dangers should be paramount. Are your employees empowered to do their jobs safely?
As a division of the Department of Labor, OSHA is part of a federal entity with far-reaching enforcement ability. All employers should be highly concerned with OSHA compliance as virtually no one is exempt. Those whose employees work in sensitive environments such as those around chemicals, bodily fluids, biomedical waste or heavy machinery should be especially mindful. The Administration routinely conducts "without notice" inspections. How do you think your business would fare? Do you have the proper written plans, training records, applicable hazard labels and protective gear? If not, the penalties for the endangerment can be steep.
OSHA has established Local Emphasis Programs, or LEP's, which are enforcement actions specific to certain industries targeted by their prominence in each of the ten "regions" they have isolated in the United States. For instance, logging operations would be of particular concern in New York, as are the oil and gas industries in Texas. Your industry may very well be under scrutiny.
In cases where "without notice" audits reveal violations, the results can vary extremely. From a minimal fine to $500,000 plus jail time, OSHA is not an admiistration to take lightly. It definitely has the potential to create an impact which will resonate on your business. Direct Compliance will safeguard your business, if you let us, ensuring that you have met the required standards and that your employees are working in a secure environment.
Environmental Protection Agency (EPA)The purpose of the Environmental Protection Agency sounds quite self explanatory, although perhaps most are not aware of the full scope of it's jurisdiction and the severity of the fines which they can impose. Protection of the environment from pollutants must be a concern for all citizens, and subsequently a variety of industries from Healthcare to Printing, Constructio, and the Funeral and Agriculture industries are all subject to compliance with the EPA directive. Whether the standard practice of the industry results in chemicals in the air and water, smoke, or other pollutants, the amount of which needs to be tested, quantified and reduced if necessary. The byproducts or direct waste resulting from your industry are of concern; disposal of certain materials such as biomedical waste or chemicals is to be done under very strict conditions.
Direct Compliance will review your facility for adherence to the EPA standards. Either directly or through a third party; we will run the necessary test, identify violations, certify compliance, and facilitate proper disposal of sensitive materials.
Americans With Disabilities (ADA)The American Disabilites Act was established in 1990, and amended in 2008, with the purpose of establishing specific guidelines in order to afford disabled individuals an equal opportunity as those who are not disabled. The principle is that a physical or mental disability should not be a hindrance to everyday life. For instance, a physically disabled person should not be unable to utilize the public transit system, or enter a public restaurant due to insufficient wheelchair accomodations. Brail should be paired with certain signage in order to support the blind. The Act extends to all "places of public accommodation" as defined therein, and therefore applies to most businesses. Full compliance should be ensured because the fines can be up to $50,000 for the first infraction and $100,000 for every subsequent violation.
Federal Trade Commission (FTC)Somewhat under-heeded, the Federal Trade Commission or "FTC" enforces a wide variety of laws with the sole object of consumer protection from unfair, fraudulent or deceptive business practices. With seven divisions implementing and enforcing regulations, this entity covers a gamut from Finance to Do Not Call regulations, clothing label requirements and Truth in Advertising laws. On many levels, you need to be concerned with adherence to Federal Trade Commission regulations. Outright predatory intent is not a requirement to be considered a violation. Something simple like the absence of a disclaimer on a marketing piece or failure to ship purchased goods on time could result in FTC action.
A consumer complaint, complaint from another business, or congressional inquiry may initiate FTC action. An entire Enforcement Division is devoted solely to such investigations and the penalties for such predatory actions can be severe. Possible results vary from federal injunctions, civil penalties, stiff fines and even jail time. You don't need to face those possibilities. A simple assessment by someone who is aware of these laws can give you a sense of security, thereby allowing you to focus on your core business.
Department of Labor (DOL)The United States Department of Labor or "DOL" was created to ensure a healthy working evironment and proper wages and/or benefits for the currently employed, and to support the procurement of jobs for the unemployed. The code of the DOL is comprised of over 180 regulations which all employers are required to follow. These regulations cover many details ranging from workplace safety, workers compensation, wages and hours, treatment of veterans, proper signage, record keeping, etc.
Some of the primary laws are:
- The Fair Labor Standards Act
- The Occupational Safety and Health Act
- The Federal Employee's Compensation Act
- Health Insurance Portability and Accountability Act
The responsibility lies firmly on every employer to maintain compliance with these regulations. Those who do not are at risk of complaint, which can cause the DOL to conduct an inspection of your premises and your records. This governmental entity can affect your business severely if you do not maintain compliance. Proper recordkeeping is a vital aspect. Direct Compliance will evaluate your worksite, your processes, policies and procedures as it pertains directly to your employees. We will advise you of any dificiencies and help you implement best practices to cure them.
Equal Employment Opportunity Commission (EEOC)Applying to companies with 15 or more employees, the Equal Employment Opportunity Commission (the “EEOC”) is the enforcer of anti-discrimination laws. This is a highly sensitive issue. From race, to sex, age, disability, religion, nation of origin, pregnancy; these laws demand equal pay for equal work, but it doesn’t stop there.
The regulations extend to daily business practices such as hiring, firing, promotions, harassment, training, and benefits. For instance, a manager cannot treat a subordinate differently for any reason other than performance. It is ultimately the owner’s responsibility to ensure that there are no violations by any of their staff. There are best practices which can be implemented to deter such actions.
Direct Compliance will advise you to ensure that you are using best practices to prevent violation of anti-discriminatory laws.
National Institute for Occupational Safety and Health (NIOSH)As a subdivision of the Center for Disease Control, The National Institute for Occupational Safety and Health (the “NIOSH”) was established to prevent workplace injuries and illnesses. It covers safety procedures, the proper handling of potentially dangerous substances, disease prevention, injury prevention, emergency preparedness and other exposure to hazards. Preventative maintenance is paramount on a daily basis.
Employees need to be protected from potential risk illness or injury. Examples of such job duties which are at risk of exposure include:
- Coming in contact with bloodborne or airborne pathogens
- Operating machinery
- Manual labor
- Coming in contact with hazardous fluids
- Coming in contact with liquid or airborne chemicals
- Serving and preparing food
The public needs to be protected as well. Many industries have direct contact with the consumers, and poor safety and health habits can have wide-reaching ramifications. Your efforts are also protecting your clients.
There are several fundamental measures you can take to reduce risk. Direct Compliance is here to help you facilitate these measures. We will evaluate your worksite and practices and will establish protocol to bring you to the next level of compliance.