OSHA for Small Contractors
Once you hire your first employee, OSHA applies to you. Most construction businesses are small, and small contractors account for a large share of fatal falls and trench deaths. The good news: the basics don’t take a safety department, and free help is available.
- Construction
- Employers
- Supervisors
What applies to a small contractor
- All the standards for the work you do. There’s no small-business exemption from fall protection, trenching, scaffolds or any other construction rule.
- The General Duty Clause: keep the workplace free of recognized serious hazards, even ones no standard covers.
- Training in a language your workers understand. See OSHA Training Requirements.
- PPE paid for by you. Employers must pay for required PPE, with a few exceptions such as ordinary safety-toe boots and prescription safety glasses that workers can wear off the job.
- The OSHA poster where workers can see it. See Required Workplace Posters.
- Severe injury reporting: report a death within 8 hours, and an in-patient hospitalization, amputation or loss of an eye within 24 hours.
- No retaliation against workers who report injuries or hazards.
Where small employers get a break
- Injury log: employers with 10 or fewer employees at all times during the year usually don’t have to keep the OSHA 300 log.
- Penalties: OSHA reduces proposed penalties for small businesses, for good faith and for a clean history.
- Free consultation: a confidential on-site visit that doesn’t lead to citations or fines. See Free OSHA On-Site Consultation.
Written programs you may need
Which ones depend on your work. Many small contractors need some of these:
| Program | Needed when |
|---|---|
| Hazard communication | Workers use any hazardous chemical: fuel, paint, adhesives, cement, solvents |
| Silica exposure control plan | Cutting, grinding or drilling concrete, block, brick, stone or tile |
| Respiratory protection | Respirators are required (a dust mask worn voluntarily needs less) |
| Fall protection plan | Only when using the residential or precast exception to conventional fall protection |
| Emergency action / fire prevention | Required by a standard; with 10 or fewer employees it can be explained out loud |
| Lockout/tagout | Servicing machines and equipment (mainly general industry) |
Starter checklist
- OSHA poster displayed at the shop or in the job trailer
- Fall protection on every job with work 6 feet or more above a lower level, and workers trained
- A competent person named for trenches, scaffolds and fall protection, as needed
- Safety Data Sheets for the chemicals on the truck, and labeled containers
- Silica controls (water or vacuum) on saws, grinders and drills
- First aid kit, and someone trained in first aid if a clinic isn’t close by
- Fire extinguisher on every truck and job
- PPE on hand: hard hats, safety glasses, hearing protection, gloves, high-visibility vests
- Ladders and tools inspected; damaged ones tagged out
- Emergency numbers and the site address posted, so you can direct 911
- Training records: date, topic, trainer and names
- A plan for reporting severe injuries to OSHA
Working as a sub on a bigger site
On sites with a general contractor, you’re still responsible for your own workers. The GC may also require a written safety program, an OSHA 10 card for everyone, a site orientation, and certificates of insurance before you start. See Multi-Employer Worksites.
Free resources: OSHA’s Small Business Handbook has self-inspection checklists, and OSHA’s Small Business page lists free help. Your workers’ comp insurance carrier may offer free safety training and site visits too.
Standards & references
- OSHA: Small Business
- OSHA 2209: Small Business Handbook
- 29 CFR 1926.95: Criteria for personal protective equipment, including payment
- 29 CFR 1904.1: Partial exemption for employers with 10 or fewer employees
- See also: Safety & Health Programs · Top 10 Most-Cited Violations
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