How-to guide: How to implement a workplace safety program (USA)

Introduction

This guide will assist human resource professionals, compliance personnel, in-house counsel, and private practice lawyers who are responsible for implementing an organization’s workplace safety program. It includes information on preventing workplace accidents, and complying with applicable requirements when such accidents do occur.

This guide covers:

Overview of a workplace safety program
Offering medical care
Notifying OSHA of a workplace accident
Employee leave options
Workers’ compensation claims and dispute resolution

This guide can be used in conjunction with How-to guide: How to prepare for an Occupational Safety and Health Administration (OSHA) inspection and Checklists: Dealing with workplace injuries and Preparing for and responding to a workplace safety inspection.

Section 1 – Overview of a workplace safety program

A workplace safety program is a collection of proactive measures taken by an employer to prevent workplace injuries, illnesses, and deaths, as well as preventing or mitigating the suffering and financial hardship these events can cause for workers, their families, and employers. There is no ‘one size fits all’ proscription: each program must take into account the nature of the work being performed, the potential hazards to be addressed, and the federal and state laws and regulations that are applicable. An effective safety program will integrate seamlessly with legal and regulatory requirements.

The foundation of a safe working environment is the commitment to preventing accidents and having measures in place to safeguard the well-being of all employees. Under the Occupational Safety and Health (OSH) Act, employers have a general duty to provide a workplace free from recognized, serious hazards. This fundamental obligation underscores the importance of proactive safety management and the implementation of effective safety programs.

The agency responsible for enforcing workplace safety standards is primarily the Occupational Safety and Health Administration (OSHA), which operates under the Department of Labor (DOL). OSHA sets and enforces protective workplace safety and health standards, and provides information, training, and assistance to employers and workers. The regulatory landscape is further complemented by state entities, which may administer OSHA-approved state plans.

In most private industries, safety and health conditions are regulated by OSHA. These regulations are designed to minimize risks and protect workers from harm. However, OSHA alone does not cover every workplace. Some states have developed their own OSHA-approved state plans to implement safety and health programs tailored to local needs (see OSHA webpage, State Plans).

Currently, 22 states and one territory operate their own OSHA-approved state plans. These state plans cover both private sector and state and local government workers. In order to be approved, state plans must be at least as effective as federal OSHA standards. They often include additional requirements or programs specific to the state’s needs. By tailoring safety programs to local conditions, state plans play a critical role in enhancing workplace safety across diverse industries.

1.1. Developing a workplace safety and health program

Creating a proactive workplace safety program is essential for maintaining a safe and healthy work environment. Instead of merely reacting to incidents as they occur, organizations should place their focus on developing comprehensive safety strategies in advance of incidents or injuries. Such a proactive approach not only helps to prevent accidents and injuries, but also helps to foster a culture of safety within the organization.

A valuable framework for developing a workplace safety program is the set of recommended practices for safety and health programs provided by OSHA – see OSHA, Recommended Practices for Safety and Health Programs. By aligning with these guidelines, organizations can ensure that they meet regulatory standards while enhancing the overall safety of their workplace.

The following core elements are vital to an effective safety and health program:

1.1.1 Management leadership

The first, and perhaps most important, element is commitment from top management. Leaders should make it a priority to set clear safety goals, allocate the necessary resources, and demonstrate a clearly visible commitment to safety initiatives.

1.1.2 Worker participation

Involve employees at all levels in the safety program. They should be encouraged to report hazards, participate in safety committees, and contribute to safety policy development. The suggestions of employees who are directly affected by workplace safety can be invaluable in developing effective, and workable, safety programs. If employees are covered by a collective bargaining agreement, union input should be obtained. If there is an employee representation committee, members of that committee should be consulted at all steps of the process. Additionally, it is best practice for health and safety committees to include medical professionals who can provide valuable insights and guidance.

1.1.3 Hazard identification and assessment

Regularly inspect the workplace to identify potential hazards. Conduct risk assessments to evaluate the likelihood and impact of identified hazards.

The effective use of technology can help to identify and address risks before they become critical. Devices such as wearable sensors, smart helmets, and other monitoring systems can provide valuable assistance in identifying workplace hazards. Wearable technology, for example, provides an employer with the ability to monitor real-time data on working conditions and environmental factors in the workplace.

1.1.4 Hazard prevention and control

Implement effective measures to eliminate or mitigate identified hazards. This includes engineering controls, administrative controls, and personal protective equipment.

1.1.5 Education and training

Provide ongoing training to ensure all employees understand safety procedures and protocols. Tailor training programs to different roles and responsibilities within the organization.

1.1.6 Program evaluation and improvement

Continuously assess the effectiveness of the safety program. Use metrics and feedback to identify areas for improvement and make necessary adjustments.

1.1.7 Communication and coordination for host employers, contractors, and staffing agencies

Establish clear communication channels with all parties involved in the workplace. Ensure that safety expectations and responsibilities are understood by host employers, contractors, and staffing agencies.

1.2 Incorporating OSHA checklist(s)

OSHA checklists provide standardized guidelines for hazard prevention, ongoing training, effective communication, and regular program evaluation. This can ensure continuous improvement and compliance with safety standards.

OSHA's Safety and Health Program Implementation Checklist sets out a comprehensive safety strategy that verifies management commitment, worker involvement, and hazard identification.

1.3 Industry and regional specifics

Industry and regional specifics must be considered to ensure effectiveness and compliance when implementing a workplace safety program. The specifics of the program, the OSHA checklist, and other factors will vary based on the industry and location of operations. For instance, OSHA state plans may have different requirements that need to be integrated into the safety strategy. OSHA provides, for example, specific safety program recommendations for industries like construction due to the unique risks involved. Additionally, DOL emphasizes the prevention of workplace falls, which is a critical aspect of safety in construction and other high-risk industries (see OSHA instruction, National Emphasis Program on Falls).

Regional and issue-specific programs also play a significant role. For example, landscapers in New Jersey, New York, Puerto Rico, and the US Virgin Islands must adhere to specific safety regulations that are specially tailored to address their local conditions and challenges (DOL news release, US Department of Labor launches program to stem fatalities, promote workplace safety in tree, landscape services industries). Such regional variations highlight the importance of having customized safety programs that address the specific hazards and regulatory requirements unique to each area and industry.

Section 2 – Offering medical care

A medical, health, and wellness program is a part of workplace safety that may be overlooked by employers.

2.1. Medical care

A pivotal component of a workplace safety and health program is the proactive offering of medical care. It is important to integrate medical care into the organization’s workplace safety strategy, emphasizing long-term thinking and preventive measures.

The list below sets out some of the medical care offerings organizations may provide. However, note that a collective bargaining agreement may restrict the ability of employers to require participation in some types of measures, meaning that participation may be a voluntary choice by individual employees.

Comprehensive health assessments, which includes implementing regular health assessments to identify potential health issues before they become critical. By offering routine check-ups, underlying conditions that might contribute to workplace accidents can be detected. These assessments are generally physical examinations, mental health evaluations, and ergonomic assessments.
Health monitoring and data analysis, which involves investing in technology and systems that allow for ongoing health monitoring. Wearable devices and health apps can track vital signs and alert the wearer or medical personnel to any anomalies or irregularities. Analyzing this data will help to understand trends and make informed decisions about workplace health and safety initiatives.
Developing tailored health care plans, which means creating personalized health and medical care plans for employees based on their specific health needs. These plans should encourage regular medical consultations and screenings tailored to individual risk factors. By addressing personal health concerns, employers can foster a healthier, more engaged workforce.

Note that federal and state medical privacy laws place restrictions on the sharing and use of employee medical information. For further information, see Checklist: Understanding privacy laws in the US.

2.2. Health and wellness programs

According to the Centers for Disease Control and Prevention (CDC), effective workplace health programs can enhance health behaviors and decrease health risks, while also improving overall well-being for employees (see CDC Workplace Health Model). For organizations, the programs can also reduce healthcare costs, lower absenteeism, enhance recruitment and retention, and improve workplace culture and employee morale.

The key components of effective workplace health and wellness programs are:

Assessment and planning – this calls for a comprehensive assessment of the employees’ health needs and interests. Use surveys and health risk assessments to gather data. This information will guide the development of a tailored program that addresses the specific needs of the workforce.
Comprehensive program design – this involves the development of a program of activities, such as fitness classes, nutrition workshops, and smoking cessation support. Ensure that offerings are accessible to all employees, independent of different schedules and physical abilities.
Leadership and employee engagement – this demonstrates commitment from leadership to champion the program. Encourage employee participation by creating wellness committees and offering incentives for involvement. Engaged employees are more likely to take advantage of the program and benefit from its offerings.
Evaluation and improvement – this involves regular evaluation of the program's effectiveness, which can be gauged through participation rates, health outcomes, and employee feedback. Continuously improve and adjustment the program to ensure its relevance and impact.

2.3 Post-injury considerations

Employees returning to work after an injury or after an injury-based period of leave may need their physical or emotional condition to be accommodated. A plan should provide for such needs, including modifying duties as necessary, or temporary assignment to a different location or position. For information about employee leave, see Section 4 below.

Section 3 – Notifying OSHA of a workplace accident

When a workplace accident occurs, it is important to comply with OSHA notification requirements. A workplace accident will also likely trigger an OSHA inspection at the workplace to investigate the incident and ensure compliance with safety regulations. Understanding when and how to notify OSHA ensures that the organization follows legal requirements and promotes a culture of safety and transparency.

The notification requirements should be made an explicit part of any workplace safety plan. Anyone involved with administering or implementing the plan should be aware of the importance of the reporting requirements.

For additional information, see Checklist: Dealing with workplace injuries and How-to guide: How to prepare for an Occupational Safety and Health Administration (OSHA) inspection.

3.1 When notification is required

OSHA requires all employers under OSHA jurisdiction (which extends to most companies across all states except self-employed individuals, immediate family members of certain farm employers, and companies with fewer than 10 employees) to report specific serious incidents to OSHA when they occur in the workplace (see OSHA webpage, Report a Fatality or Severe Injury). These include:

fatalities: any workplace incident resulting in death must be reported to OSHA within eight hours;
severe injuries: incidents that result in hospitalization, amputation, or the loss of an eye must be reported within 24 hours.

However, employers are not required to report an incident if it:

resulted from a motor vehicle accident on a public street or highway (except in a construction work zone);
occurred on a commercial or public transportation system, such as an airplane or bus; or
involved hospitalization solely for diagnostic testing or observation.

The OSHA definition of an incident is ‘A work‐related event in which an injury or ill‐health (regardless of severity) or fatality occurred, or could have occurred’ (see OSHA (2015), Incident [Accident] Investigations: A Guide for Employers). OSHA avoids use of the word ‘accident’ because that word suggests a circumstance that is unavoidable.

Under OSHA regulations, employers are required, within seven days of a recordable work-related injury or illness, to fill out OSHA Form 301 Injury and Illness Incident Report. A recordable injury or illness is an injury or illness that results in a loss of consciousness, days away from work, restricted work, transfer to another job, or any work-related injury or illness that requires medical treatment beyond first aid (see section 1904.29, 29 CFR).

3.2 Type of notice required

When notifying OSHA, of an incident, specific information must be provided for a comprehensive report. This information includes:

business name: clearly state the name of the business;
names of employees affected: provide the names of the employees affected by or involved in the incident;
location and time: specify where and when the incident occurred;
brief description: offer a concise description of the incident and the injuries sustained; and
contact information: include the name and contact details of the person reporting the incident.

Reports can be submitted to OSHA online, by phone, or in person at the nearest OSHA office. For more detailed guidelines and to submit a report, see the OSHA reporting page.

Section 4 – Employee leave options

Navigating leave options for an injured worker involves understanding a complex landscape of legal requirements.

Federal laws, and the laws in many states, require some employers to allow employees to take leave for medical or other purposes. In most jurisdictions, whether an employer is required to provide leave depends on the employer’s revenues, or the number of employees. The required leave is typically unpaid, and employees are usually allowed to retain their employer-sponsored medical coverage during the time they are away from work. State or federal leave requirements are a government-mandated minimum offering. Employers may choose to offer more leave time, or may choose to make leave paid.

4.1 Americans with Disabilities Act

4.1.1. Coverage

The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. The ADA protects individuals with disabilities from discrimination in the workplace. The ADA guarantees that qualified employees with disabilities are given equal opportunities and access to employment benefits.

4.1.2 Requirements

The ADA does not explicitly require that employers provide employees with medical or disability-related leave. However, it does mandate that employers make reasonable workplace accommodations for employees with disabilities, unless it would cause the employer undue hardship to do so. Reasonable accommodations might include measures such as modified work schedules, job restructuring, or adjustments to the work environment. Employers must engage in an interactive process with the employee to determine suitable accommodations. The ADA is enforced by the Equal Employment Opportunity Commission (EEOC). For more information about reasonable accommodation, see the EEOC webpage: Small Employers and Reasonable Accommodation.

4.2 Family and Medical Leave Act

4.2.1 Coverage

The Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees and to public agencies. Employees are covered by the FMLA if they have been with the company for at least 12 months and have worked a minimum of 1,250 hours during the previous 12-month period. The FMLA is an effort to balance the demands of the workplace with the needs of families. For more information about determining FMLA eligibility, see Checklist: Determining Family and Medical Leave Act eligibility.

4.2.2 Requirements

Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave per year for specified family and medical reasons, such as a serious health condition that makes the employee unable to perform their job functions. During this leave, employers must maintain the employee’s health insurance benefits as if they were still working. Upon returning from FMLA leave, employees are entitled to be reinstated to the same or an equivalent position with the same pay and benefits. For detailed information and guidance, see DOL’s FMLA web page.

4.3 State worker compensation laws

Worker compensation laws vary significantly from state to state, but the general outline of those laws is largely the same. Worker compensation provides financial and medical benefits to employees who suffer work-related injuries or illnesses. Coverage and requirements for compensation depend on specific state regulations, which define the scope of benefits and the process for filing claims. Employers must familiarize themselves with the laws applicable in their state to ensure compliance and support for injured workers. For more information on state-specific laws, see DOL’s resources, and Checklist: Dealing with workplace injuries.

4.4. Navigating the different applicable legal requirements

There are many complex legal requirements requiring careful navigation to ensure compliance and support for employees. Employers should develop a comprehensive understanding of all applicable laws and leverage available resources to manage leave effectively.

DOL’s factsheet provides a detailed overview and summary of laws related to medical and disability-related leave. Additionally, the EEOC’s resources offer valuable insights on how the ADA and FMLA intersect with state workers’ compensation (see EEOC webpages, The Family and Medical Leave Act, the ADA, and Title VII of the Civil Rights Act of 1964 and Enforcement Guidance: Workers’ Compensation and the ADA.

Section 5 – Workers’ compensation claims and dispute resolution

5.1 Legal framework

State workers’ compensation laws govern private company employees injured on the job. These laws generally cover the cost of medical care, rehabilitation for injuries, lost wages, and death benefits for dependents if an employee dies in a work-related accident. However, workers’ compensation does not cover non-employees, such as independent contractors.

Workers’ compensation requirements and benefits vary from state to state. Notably, Texas is the only state that does not mandate that employers provide workers’ compensation coverage for employees. Additionally, some states offer an ‘opt-out’ option. This option allows employers to develop their own benefit plans to cover job-related injuries and illnesses instead of participating in their state’s workers’ compensation program.

5.2 Examples of state-specific laws

State-specific laws also provide for dispute resolution of workers’ compensation claims. Some of these laws require mediation or arbitration of a claim as a preliminary step before the formal claims process begins. In some cases, mediation or arbitration may occur after the formal process if disputes remain unresolved.

Examples of the laws on dispute resolution in workers’ compensation claims from New York, Florida, and Texas are provided below.

In New York, the workers’ compensation system emphasizes mediation to resolve disputes quickly and efficiently. The state provides structured mediation programs that aim to settle claims without lengthy litigation.

Florida’s system requires mediation as a mandatory step in the dispute resolution process. This step is intended to facilitate communication between parties and encourage settlements before formal hearings.

In Texas, where workers’ compensation is not mandatory, dispute resolution can vary widely. However, for those participating in the system, the state offers both mediation and a benefit review conference to address disputes before they escalate to formal hearings.

One state specific issue that continues to evolve is the increasing number of states that have legalized the medical or recreational use of marijuana. The number of states that have legalized recreational or non-medical use is 24 as of 2025. This will impact workplace safety programs in that employers will need to incorporate drug testing, accident prevention, and workers compensation policies related to employee use of medically approved or recreational use of marijuana. One example of the evolution of this issue is exemplified in one New Jersey Supreme Court case (Vincent Hager v. M&K Construction, 246 N.J. 1 (2021)). In that case, the Court ruled that an employer reimbursing an injured worker for the costs of medical marijuana did not break federal law; further, marijuana may lawfully be considered an appropriate medical treatment for workers’ compensation purposes. For further information, see Quick view: Employment issues relating to cannabis use and Checklist: Employee drug testing.