| To
determine if your HVAC business is subject to Regulatory
Compliance it is necessary to identify what is Regulatory
Compliance. Unlike many governmental topics, Regulatory
Compliance is straight forward and "spelled out"
in the Code of Federal Regulations. The Occupational Safety
and Health Administration (OSHA) is the agency responsible
for Regulatory Compliance enforcement; and, has many tools
at its disposal for compliance enforcement.
There are guidelines set
forth, for both employer and employee, these criteria are:
"SEC. 5 Duties (a) Each employer – (1) shall furnish
to each of his employees employment and a place of
employment which is free from recognized hazards that are
causing or are likely to cause death or serious physical
harm to his employees. (2) shall comply with occupational
safety and health standards promulgated under\ this Act. 29
USC 654 (b) Each employee shall comply with occupational
safety and health standards and all rules, regulations, and
orders issued pursuant to this Act which are applicable to
his own actions and conduct." A first statement from an
HVAC business owner may be, "I'm a small business, and
therefore, I am not subject to Regulatory Compliance."
Or, "As a small business, am I subject to Regulatory
Compliance?"
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The answer is:
If you have employees, you are probably subject to
Regulatory Compliance. If you have no employees you
generally are not covered, although in some cases businesses
that are 'nonemployee' businesses, such as an independent
contractor, are subject to the requirements.
As a practical
matter, small employers (with 10 or less employees) are
exempt from programmed inspections and injury/ illness
reporting on the so-called OSHA 300 Log. However, this does
not mean that your business is not subject to other
requirements. There are certain prescribed exemptions to the
Act that created Regulatory Compliance.
These include:
· self-employed persons; · farms at which only immediate
family members of the farmer's family are employed; · those
whose working conditions are regulated by other federal
agencies under other federal statutes; · persons who employ
others in their own homes to perform domestic services such
as housekeeping and child care; · churches and nonsecular
church activities; and, · states and political subdivisions
(however, some state plans cover public employees). Unless
your HVAC business fits these criteria it is probably
subject to Regulatory Compliance.
Prepared by L.
P. Coston, Ph.D., Certified Safety and Health Professional.
For further information email: trinbotm@ gmail.com.
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