Everyone has a role to play in workplace safety, but the principal responsibility for safety management isn’t shared equally. Under the law, it sits squarely with the employer.
For small and mid-sized business owners, understanding both the scope of that responsibility and the tools and services available to fulfill it can make the difference between a culture of compliance and a costly, even dangerous, gap.
Who's Responsible for Workplace Safety?
Employers are primarily responsible for workplace safety under U.S. law. While everyone plays a role in creating a safe work environment, legal accountability sits with the employer. They must identify and eliminate hazards, train employees, and comply with all applicable safety regulations.
What OSHA Expects: The Legal Foundation of Employer Responsibility for Workplace Safety
At the federal level, the Occupational Safety and Health Administration (OSHA) is the primary agency enforcing workplace safety standards. OSHA’s core requirement is laid out in Section 5 of the Occupational Safety and Health Act of 1970, commonly referred to as the “General Duty Clause.” From 29 U.S. Code § 654:
“Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.”
This federal mandate sets the baseline for safety management in every U.S. workplace, regardless of size or industry. Employers are also obligated to comply with any specific OSHA standards that apply to their particular industry, such as those governing the use of personal protective equipment (PPE), hazard communication, machine guarding, and more.
Employers must also meet OSHA’s information posting and recordkeeping obligations. According to 29 CFR 1904 regulations, most employers with more than 10 employees must keep a log of serious work-related injuries and illnesses, post annual summaries, and submit data electronically to OSHA when required.
Failing to meet these requirements can carry serious consequences. As of this year, fines can range from $16,550 per violation and up to $165,514 for willful or repeated violations.
That doesn’t even include criminal penalties or legal settlements/jury awards, which can hit millions of dollars. Earlier this year, for instance, a jury awarded a $10 million verdict to a woman injured in a workplace accident in Alabama.
The Business Case for Compliance
While OSHA compliance is non-negotiable from a legal standpoint, employers also have a compelling business incentive to take workplace safety seriously. Nearly three in four employees say that health and safety are among their top considerations when deciding where to work, reports HR Executive.
This underscores something critical: a strong safety program isn’t just a cost of doing business; it’s a competitive advantage. It builds trust, supports employee retention, and attracts top talent. Conversely, a poor track record on safety can damage a company’s brand, depress morale, and invite both regulatory scrutiny and private litigation.
A poor track record also has potential productivity implications.
The U.S. Bureau of Labor Statistics reports that the incidence rate of nonfatal injuries has fallen from 10.9 cases per 100 workers to 2.8 per 100 workers in 2018. That’s a huge change since OSHA’s establishment in the early 1970s. Given that nearly 37% of nonfatal injuries result in days away from work, that means employers have seen a significant leap in productivity alongside a decreased rate of safety incidents.
Best Practices: Beyond Compliance
Even when businesses meet the minimum legal standards, that may not always be enough to prevent workplace incidents. True safety management requires an organization-wide, top-to-bottom culture of safety.
Here, HR has a particularly important role to play. “Human resources management is instrumental in creating a safe work environment and proactive, preventative culture," Mohammad Farhat Ali Khan, the quality, health, safety and environment lead for Qatar-based shipping company Milaha, told the Society for Human Resource Management (SHRM). "Human resources professionals play an important role in ensuring employee health and safety, as they know the workplace, the employees and their job demands.”
HR professionals are often uniquely positioned to see the gaps between policy and practice. They manage onboarding, oversee training, and monitor trends in employee behavior and incident reports. That makes them vital stewards of healthy safety management strategies.
Best practices include:
- Conducting regular safety audits
- Offering ongoing training that goes beyond initial orientation
- Empowering employees to report hazards without fear of retaliation
- Reviewing and updating safety protocols annually or as regulations change
The Role of a PEO: Partners in Safety Management Success
For many small and mid-sized businesses, especially those without a full-time HR or compliance team, managing these safety obligations can be overwhelming. That’s where a Professional Employer Organization (PEO) can be invaluable.
What is a PEO?
A Professional Employer Organization (PEO) is a third-party partner that offers HR services and support to small and medium-sized businesses. A PEO can handle payroll, employee benefits, workplace safety, and HR compliance—freeing up business owners to focus on running and growing their company.
In the realm of workplace safety, a PEO offers resources that go far beyond basic compliance assistance. They can:
- Develop and implement customized safety programs
- Provide OSHA-required training and documentation
- Support injury reporting and claims management
- Monitor changes in federal and state safety regulations
Because a PEO works with multiple clients across various industries, they often bring specialized expertise that in-house staff might lack. Their proactive approach to safety management ensures that employers are preventing accidents rather than just reacting to them.
Moreover, they can help employers manage how safety risks play out in terms of employee recruitment and brand reputation.
In other words, workplace injuries don’t just sideline employees while they recover; they break trust and harm workplace engagement. One accident can trigger a cascade of employee departures, increased turnover, and long-term damage to the employer brand.
A Shifting Landscape: What Employers Should Watch
It’s true that OSHA’s enforcement posture has been rapidly shifting under the Trump Administration. Workers at federal safety agencies have been laid off; and the Trump administration is de-emphasizing regulatory activity in favor of “compliance assistance.”
As a result, some business leaders may assume there’s less risk in easing off enforcement-heavy practices. But that may be a dangerous assumption. Even as federal enforcement has ebbed, private litigation could surge in its absence. Employees or their families may bring personal injury or wrongful death suits, especially if negligence or willful misconduct can be demonstrated. In some states, these suits can move forward even when workers' compensation typically bars litigation.
“We will take action, including legal action, where federal agencies are failing to meet their obligations to worker safety and to uphold protections that ensure every worker can go home unharmed to their families at the end of their shift,” Rebecca Reindel, AFL-CIO safety and health director, told Bloomberg in response to the Trump Administration’s change in emphasis at OSHA and other safety agencies.
It’s not just employee lawsuits, either; companies may face increased litigation even from shareholders who see workplace safety lapses as a risk to financial performance. Meanwhile, state OSHA plans in places like California and Washington remain aggressive, with broad powers to penalize employers.
The bottom line: regardless of shifting federal priorities, thfe safest and most effective risk strategy (and ultimate responsibility) remains the same: comply fully with OSHA guidelines and manage safety proactively. Because in today’s world, the employers who win aren’t the ones who are left reacting to safety risks. They’re the ones who successfully manage them.
CoAdvantage, one of the nation’s largest Professional Employer Organizations (PEOs), helps small to mid-sized companies with HR administration, benefits, payroll, and compliance. To learn more about our Professional Risk Management Services, contact us today.
**The information provided on this website is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and completeness of the information, we make no guarantees about its correctness, completeness, or applicability to your specific circumstances. Laws and regulations are subject to change, and you should consult a qualified legal professional before making any decisions based on the information provided here.