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Ask the expert: If you have employees, you have OSHA oversight

Q:  The administrator at our not-for-profit long-term care facility (LTC) says that it is not regulated by OSHA. I find that hard to believe. Is there a link you can direct me to so that I can politely set her straight?

A: Unless your facility is a municipal- , state-, or federally-owned, it is subject to OSHA regulations as long as it has employees. Non-profit status, or a small number of employees does not exempt a business from OSHA compliance.

Here is what the OSHA Web site says about coverage: [1]

The OSH Act covers employers and their employees either directly through federal OSHA or through an OSHA-approved state program. State programs must meet or exceed federal OSHA standards for workplace safety and health.

Click here for a more detailed explanation on coverage. [2]

Even if you are municipal-  or state-owned, it is unlikely that you are totally without some occupational health and safety oversight.

So your administrator is wrong, and should be grateful for your gift of education. This information could save your LTC significant OSHA fines as the agency is currently targeting this type of business. See “OSHA includes nursing homes on high-hazard inspection list.” [3]

OSHA includes nursing homes on high-hazard inspection list