OSHA Act enforcement policies

No — OSHA notices must not be covered or obscured and must be posted where employees can readily see them. Employers must follow the posting requirement in Part 1903; see Part 1903 general link and OSHA's interpretation clarifying that "each employer shall take steps to insure that such notices are not altered, defaced, or covered by other material" in OSHA's poster display requirements interpretation (June 15, 2023).

• Make the required OSHA notice conspicuous and readily observable where notices to employees are customarily posted.
• Do not stack or hang posters so employees must shuffle or move materials to find the OSHA notice; that violates 29 CFR 1903.2(a)(1) as explained in the interpretation.

No — intermittent display on a looping monitor by itself does not meet the requirement that OSHA notices be readily available and accessible at all times. OSHA has explained that required notices "must be readily available and accessible to all employees at all times," and therefore employers should post physical copies in a conspicuous location in addition to any electronic display; see Part 1903 and OSHA's interpretation on electronic posting (November 5, 2014) at https://www.osha.gov/laws-regs/standardinterpretations/2014-11-05-0.

• Recommended practice: post a physical copy of the OSHA notice near the monitor or in a break-room location where notices are customarily posted, and keep copies available in HR so employees can obtain them on request.

No — the regulation requires posting the OSHA notice but does not require posting it in a foreign language; however, OSHA encourages posting additional language versions when workers cannot read English. See Part 1903 and OSHA's interpretation on poster language requirements (November 12, 2004) at https://www.osha.gov/laws-regs/standardinterpretations/2004-11-12.

• If most or many employees are Spanish-speaking (or speak another language), OSHA encourages posting an additional Spanish (or other language) version to ensure workers understand their rights and protections.
• Not posting in Spanish alone is not a per se violation, provided the required English notice is posted conspicuously as required by 29 CFR 1903.2.

Post the OSHA notice at the location from which the employees operate or at the central office they report to so it is readily visible and accessible. OSHA's guidance states that when employees report to a central office, notices should be posted there; when employees operate from a location they use to carry out activities, the notice should be posted at that location — see Part 1903 and OSHA's interpretation on poster posting for portable carts or stalls (May 22, 1998) at https://www.osha.gov/laws-regs/standardinterpretations/1998-05-22-1.

• If employees report daily to a central office, post the notice where it is customarily posted at that office.
• If employees never report to a fixed office, post the notice at the location from which they operate or at another conspicuous place tied to their work activities.

Generally no — OSHA will normally not issue an additional citation for the exact same condition, equipment, and location while that citation is under contest, but OSHA reserves the right to take enforcement actions necessary to protect workers, including seeking relief for imminent danger when appropriate. See Part 1903 and OSHA's letter on contesting citations (September 11, 2023) at https://www.osha.gov/laws-regs/standardinterpretations/2023-09-11.

• When a notice of contest is properly filed, OSHA normally ceases investigatory activities related to the contested citation and abatement/payment obligations are suspended until adjudication.
• Exceptions: OSHA can pursue immediate enforcement if it determines a condition presents an imminent danger or other steps are necessary to protect workers, as explained in the interpretation.

Yes — when Part 1903 sets general enforcement policies rather than substantive rules, those policies may be modified in particular cases when the Secretary of Labor or the Secretary's designee determines an alternative approach better serves the Act's objectives. See the text of 1903.1 which explains that policies may be modified in specific circumstances.

• Practical implication: OSHA field offices or the national office may take case-specific enforcement measures if authorized by the Secretary or designee, so enforcement can be tailored when appropriate.

OSHA's Enhanced Enforcement Policy targets employers who repeatedly ignore safety obligations and includes follow-up inspections, targeted inspections of other employer establishments, increased public awareness, enhanced settlement provisions, and possible federal court enforcement. See Part 1903 and OSHA's Enhanced Enforcement Policy memorandum (March 12, 2003) at https://www.osha.gov/laws-regs/standardinterpretations/2003-03-12.

• OSHA may perform on-site follow-up inspections for High Gravity Citation Cases and may prioritize inspections at other establishments of the same corporate employer.
• Before some follow-up actions, Area Directors must get concurrence from their Regional Administrators, and OSHA may pursue stronger remedies, including court enforcement, for employers indifferent to their obligations.

No — OSHA letters of interpretation explain and clarify requirements but do not create new or additional legal obligations beyond the statute and standards. OSHA's letters state they "do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances"; see Part 1903 and an example in OSHA's poster display interpretation (June 15, 2023) at https://www.osha.gov/laws-regs/standardinterpretations/2023-06-15.

• Use LOIs as authoritative guidance about how OSHA interprets and enforces standards, but confirm statutory or regulatory text for the binding legal requirement.

Yes — required OSHA notices must be posted in a conspicuous place and be readily available to employees at all times; a monitor loop plus an HR copy is not sufficient unless a physical posted copy is also available in a conspicuous location. OSHA's electronic-posting interpretation recommends maintaining a physical copy near the monitor and cites the posting requirement in 29 CFR 1903.2; see Part 1903 and OSHA's electronic posting letter (November 5, 2014) at https://www.osha.gov/laws-regs/standardinterpretations/2014-11-05-0.

• Best practice: post the official printed notice where notices are customarily posted and keep additional copies in HR for employee requests.

No — posting the OSHA rights poster does not satisfy the specific notification duty under 29 CFR 1910.1020(g)(1) about the existence, location, and availability of employee exposure and medical records. OSHA's interpretation (July 16, 2018) clarifies that the poster informs workers of Act rights but does not provide the detailed information required by 1910.1020(g)(1); see OSHA's interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2018-07-16 (which also cites posting requirements in Part 1903).

• Employers must, at hire and at least annually thereafter, inform employees about the existence, location, and access procedures for exposure and medical records per 1910.1020(g)(1).
• Those records cannot generally be posted publicly because of privacy; instead, provide written notice and furnish records upon request within 15 working days as required by 29 CFR 1910.1020(e), as discussed in the interpretation.

Employers must establish a reasonable procedure for reporting work-related injuries and illnesses, inform employees of that procedure and their right to report without fear of discrimination or retaliation, and not retaliate against employees who report. OSHA issued interim enforcement procedures explaining those duties and the prohibition on retaliation; see OSHA's November 10, 2016 memorandum on interim enforcement procedures for 29 CFR 1904.35 at https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10 and consult Part 1903 for enforcement context.

• Employers must notify employees of the reporting procedure and that they may report injuries/illnesses free from discrimination.
• Employers must provide access to an actual reporting process and may face enforcement or referrals to whistleblower programs if they retaliate.

Yes — when an employer properly files a notice of contest, the obligation to abate the specific cited conditions and to pay penalties for those contested items is suspended until the matter is adjudicated or settled, according to OSHA's contest policy interpretation. See Part 1903 and OSHA's letter on contesting citations (September 11, 2023) at https://www.osha.gov/laws-regs/standardinterpretations/2023-09-11.

• While obligations are suspended, OSHA generally will not issue a new citation for the exact same condition at the same location, but it can take actions when imminent danger exists or other protective steps are necessary.