You are about to take over new office space. You relied on your builder or landlord, and you probably did not spend much time pondering whether your new space meets OSHA requirements. After all, you are not a foundry or a chemical processor.

Unfortunately, while you do not have the safety challenges associated with heavy manufacturing, your new site may present OSHA problems, and few employers are aware of them. If OSHA inspects a complaint, you may receive $50,000 or $60,000 in penalties for seemingly “minor” items that never occurred to you. If you plan to expand to other locations, those serious citations may later serve as the basis for up to $70,000 per “repeat” item at all other locations.

Even if you are leasing the space, the employer supervising employees retains a responsibility to ensure a safe workplace and to take whatever actions are necessary to protect employees, up to and including pulling them from a facility if a landlord will not address hazards. Similarly, although you may have relied on a recognized build-out contractor, OSHA can still cite you if your employees are exposed to hazards.

Seek written assurances that your new space complies with applicable building codes, the Life Safety codes and all applicable OSHA standards. Even a modest facility may have stairs with inadequate handrails or trip hazards. Common violations include exposed electrical circuits such as missing knock-outs in an electrical cabinet or electric receptacles that are not equipped with ground fault interrupter circuits.

Hazardous Substances

More serious concerns involve hazardous substances in walls, ceilings, carpeting, insulation and other materials. Some buildings still have asbestos in floor or ceiling tiles, in insulation and fireproofing or in mastic on sheetrock. OSHA standards require you to assume that any building constructed before 1980 may have asbestos-containing material (ACM), and you should request written assurance that ACM has been properly addressed. Although employers were required to quit using asbestos in 1980, it is not uncommon to find such materials in newer buildings. If you are moving into an older building, be critical, bordering on skeptical, of your landlord’s claims and ensure that they can document their assertions.

If material remains in the building, you will have certain obligations, including providing training to maintenance or housekeeping employees who might disturb asbestos-containing materials. OSHA maintains a useful asbestos checklist at https://www.osha.gov/SLTC/asbestos/checklist.html.

Mold

More office employees complain about “mold” than any other potential indoor air contaminant, although some employees may have allergies or be sensitive to odors and may raise concerns about the smell of new paint or carpet. This may suggest a ventilation issue. OSHA does not maintain a “mold” standard. Rather, OSHA will cite employers if they allow mold to continue in a workplace to an extent that “your industry would recognize it as a hazard.” The majority of workplace mold presents no threat, but you should be alert to areas of current or past leaks, where mold may form above suspended ceilings or within walls.

Fire

The next area of concern involves fire and emergency response issues. OSHA does not require fire extinguishers, but many local governments or your insurer may require their presence. If one has fire extinguishers present, the employer has an obligation to provide basic annual training to all employees on how to operate the extinguishers or to develop an Employee Action Plan that sets out which employees, if any, should use extinguishers to fight incipient stage fires and which employees should exit.

Many of the largest recent OSHA citations have involved repeat citations against multi-location retailers for items such as:

»  Fire extinguishers that have fallen from wall mountings, had not received the required inspection or service, or were partially blocked

»  Exit doors that were partially blocked or inadequate exit signage

»  Materials blocking access to an electrical cabinet or stored in an electrical room

Once you are up and running, electrical requirements may continue to bedevil you.  OSHA describes when you must use permanent wiring instead of extension cords, and many applications varying from break room microwaves to computer workstations may require permanent wiring. Overloaded or misused power sticks or homemade connections are often cited.