As Americans, we have so many opportunities in business and the freedom to be our own employer as a small business owner. Our first priority in considering the prospect of owning our own business is carefully considering what type of business and the associated costs including the costs of employee safety. A person considering a small business may already have a skill set derived from prior employment or exposure in a particular industry. In considering what specific business to own, the knowledge of the industry is vital to ensuring a safe workplace environment for employees. Each industry has its own safety costs associated with employee workplace hazards, exposure to materials and the operation of equipment by employees. The safety of each employee is evaluated by the position the employee performs and the safety measures for that position are governed by the federal agency Department of Labor Occupational Safety and Health Administration (OSHA). OSHA has laid out certain regulations for each sector of industry for all businesses including small business owners. Business owners must abide by local, state and federal OSHA regulations or put their employees at greater risk of sickness or injury along with the possibility of being fined by OSHA. For example, there is a greater safety risk factor and cost for an employee operating large equipment than there is an employee working at a desk answering phones or entering data. Also, there is a greater cost associated with the income level and number of hours worked. However, the small business owner has some protection under the OSHA Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996. This act allows the small business owner some alterations or leniency associated with the safety of employees in the workplace.
All that aside, the very first consideration of a potential small business owner is liability insurance and workmans’ compensation for protecting your employees in the space that they work. Depending on the potential income and risk of the potential business in a particular industry, the small business owner is able to choose to operate as a sole proprietor or as a small business with any number of designations as defined by the number of employees. If the number of employees exceeds a certain limit, additional safety requirements could include sexual and general harassment training. The beauty of operating as a sole proprietor is that the employee workplace safety is the responsibility and liability of the independent contractor in whom the small business owner hires on contract. The business owner is only responsible for purchasing liability insurance on his or herself based on the particular industry standards. The business owner is exempt from purchasing workmans’ compensation insurance because he or she has no employees, thus reducing the costs to run the business. In this case, some regulations laid out by OSHA do not apply.
The detriment of a sole proprietorship is that it limits the small business owner of absolute control over the reputation that the business gains over time. Workplace safety can not be enforced through contracted work thus potentially subjecting the small business owner to liability. This can greatly limit income potential and growth and can lead to potential legal implications. Adding employees will allow the small business owner to control and enforce workplace safety and maximize income and growth. The small business owner must consider the cost of insurance and develop a business plan that generates enough income to cover all the costs of employee workplace safety along with the costs of insurance, employee pay and benefits.
To achieve optimal success, the small business owner must define each employee position with a written job description clearly defining the safety instructions of their given tasks. The work place safety standards are governed by the industry standards as defined by the laws of local, state and the federal government. The small business owner must insure that all employees perform the specific position in which they are hired and clearly define the safety workplace standards for that position. As an example, if an employee is hired to sit or possibly stand at a desk operating a computer and/or do paperwork, the safety standards that must be set in place are governed by that position. If that employee is caught performing a job using potentially harmful equipment that requires additional safety standards to perform the job, the employee is no longer safely protected and the work environment is not safe for that employee working that job. The small business owner must then make a decision to provide additional training and provide safety items such as protective glasses and gloves and change the job description of the employee or restrict the employee from performing jobs not listed in the job description for which they were hired. A responsible small business owner will insure that all employees are safely protected in the workplace and will make adjustments accordingly to insure the on-going safety of each employee. It would be irresponsible to have an employee complete a task not outlined in their job description even if the person normally working in said position is absent for a day or they had the skill set to perform such a task.
In considering the prospect of owning a small business, the small business owner must research the employee workplace safety laws associated with the industry of the small business of choice. Such are provided by OSHA. Let us say for example that a small business owner wants to open a medical equipment repair business. The medical industry governs the employee safety requirements and standards. The small business owner must design a program complete with written instructions for each employee to meet such standards as disinfection, battery safety, handling, and repair. The program may require detailed instructions, check-lists and certain supplies on hand in case of an emergency. Depending on the location where the medical repair is performed, it may also require surgical clothing and a mask. All this information must be outlined in detail and presented to each employee to insure the safety of all employees.
To provide a safe workplace, the small business owner must be knowledgeable and financially able to provide all aspects associated with securing safety along with being responsible for everyone who works for him. If any safety procedure as dictated by the industry is overlooked, the small business owner runs the risk of legal problems not only from employees but also clients. Therefore, being familiar with the OSHA guidelines and implementing such principles are the best ways to ensure an employee’s safety and maintain quality in products or services.
To visit DZinjury Lawyers https://dzinjurylawyers.com/
For social security disability https://dzinjurylawyers.com/practice-area/social-security-disability
Top workplace injuries https://dzinjurylawyers.com/top-workplace-injuries/
Visit OSHA’s website https://www.osha.gov/
Visit SBREFA’s website https://www.sba.gov/category/advocacy-navigation-structure/regulatory-policy/regulatory-flexibility-act/sbrefa
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