OSHA posting duties for small employers

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

December 30, 1993

The Honorable Robert S. Walker
United States House of Representatives
[Recipient address omitted]
Dear Congressman Walker:

This is in further response to your inquiry of November 8, 1993 on behalf of your constituent, Mr. Edward E. Birchall, who resides in Lancaster, Pennsylvania. In the copy of the October 30, 1993 letter from Mr. Birchall you provided, he asked for federal posting requirements, particularly those applicable to an employer with no more than 10 employees.

Occupational Safety and Health Administration (OSHA) regulations on posting which apply to workplaces in general are contained in 29 CFR 1903 and 1904, copies of which are enclosed for Mr. Birchall's use. Posting requirements in these enclosures have been underlined for convenient reference. Also enclosed is a poster which may be used by an employer to comply with the following 1903.2(a)(1) regulation, which is applicable in Pennsylvania, and is quoted as follows: each employer shall post a notice or notices, to be furnished by OSHA, informing employees of the protections and obligations provided for in the Occupational Safety and Health (OSH) Act, and that for assistance and information, including copies of the OSH Act and of specific safety and health standards, employees should contact the employer or the nearest office in the Department of Labor. This posting requirement, as further specified in 1903.3, applies to all employers regardless of the number of employees employed. Since Pennsylvania employers are covered by federal regulations, that is, employers are not covered by a State plan, the posting requirements of 1903.2(a)(2) do not apply.

Citations resulting from workplace inspections by OSHA compliance Safety and Health Officers must be posted as specified in Section 1903.16. Also, each employer must post an annual summary of occupational injuries and illnesses for each establishment as specified in 29 CFR 1904.5. Exceptions to this requirement are covered by subsequent sections of part 1904. For example, an employer who had no more than ten (10) employees at any time during the calendar year immediately preceding the current calendar year need not comply with the 1904.5 posting requirement. Also, in accordance with 1904.16 there are exceptions to recordkeeping and posting requirement for occupational injury and illnesses in specified standard industrial classifications.

Other safety and health posting requirements may be applicable to specific applications in certain workplaces. For example, employers subject to the permit required [C]onfined [S]pace standard, 29 CFR 1910.146(e)(2), must inform exposed employees, by posting danger signs, or by other equally effective means, of the existence and location of and the danger posed by the permit space. Also, by 1910.146(e)(3), an entry permit must be made available at the time of entry to all authorized entrants, by posting the permit at the entry portal, or by any other equally effective means, so that entrants can confirm that pre-entry preparations have been completed. Enclosed is a listing of specific "posting" requirements in OSHA regulations.

Thank you for your interest in occupational safety and health. If we can be of further assistance please contact us.

Sincerely,
Roger A. Clark, Director
Directorate of Compliance Programs

Enclosures