Frequently Asked Questions

1. What does the law say about posting labor law notices?
There is no one statute (regulation) to cover the posting of labor law notices in general. Basically the Federal Department of Labor and various State equivalents have their own statutes which require various notices to be posted in the workplace. For instance, Title 29, Chapter 22, Section 2003 of US Code requires the posting of the Employee Polygraph Protection notice. 29CFR825.300 requires the Federal FMLA and the 29CFR1903.2(a)(1) requires the OSHA posting to be posted.

2. Where should I post my posters?
Answer: "Such notice or notices shall be posted by the employer in each establishment in a conspicuous place or places where notices to employees are customarily visited. Each employer shall take steps to insure that such notices are not altered, defaced or covered by other material". Examples of "conspicuous place or places" would be: lunchroom, break room, time clock, back of a door, unisex bathroom or job site. Separate floors and multiple locations require additional posters posted.

3. Am I required to post my posters in English and Spanish?
There is no general statute that requires posters to be posted in Spanish. However, the Federal FMLA posting does state: "Where an employer's workforce is not proficient in English, the employer must provide the notice in the language the employee speaks. The poster must be posted prominently where it can be readily seen by employees and applicants for employment.

Most states require that you communicate in a language that is readily understood by all employees. For instance, Florida's "Equal Opportunity Is The Law" posting required by all recipients of funds under the Workforce Innovation Act 1998 (WIA) are required to display the English version poster & WIA funded employers located in areas with significant populations of non-English speaking individuals are required to display posters in languages appropriate for each such significant population. The California Code of Regulations, Title 8, Section 3203 (a3) states: (a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program shall be in writing and, shall, at a minimum: (3) Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. Substantial compliance with this provision includes meetings, training programs, postings, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communication with employees.

4. If I post the five mandatory "federal" postings is that all I need?
Answer: No! All companies must post their State, Federal and OSHA mandatory postings.

5. Do I have to change my posters every year?
Answer: Employers must change posters when the State, Federal of OSHA agencies make legislative and/or regulatory changes. Frequency varies by state. Employers are responsible to maintain current posters.

6. Can I post my posters on an 8 1/2 x 11 sheet?
Answer: No. Many posters, including Federal, State & OSHA are required, by law, to be a specific size and the type must be a specific font size. Sometimes, even a certain color of poster is required. An example is the 29CFR1903.2(a)(3) requires the Federal OSHA poster to be 8 1/2" x 14", text size no less than 10 pt. and the Heading must be no less than 36 pt. We verify size, font size and colors to ensure that you are in compliance when you buy our posters.

7. Do I have to post posters at my business as well as on my off-site locations?
Answer: The Federal OSHA Standard 29CFR1903.2(b) instructions are as follows: "Where employers are engaged in activities which are physically dispersed, such as agriculture, construction, transportation, communications, electric, gas and sanitary services, the notice or notices required by this section shall be posted at the location to which employees report each day. Where employees do not usually work at, or report to, a single establishment, such as longshoremen, traveling salesmen, technicians, engineers, etc., such notice or notices shall be posted at the location from which the employees operate to carry out their activities. In all cases, such notice or notices shall be posted in accordance with the requirements of paragraph (a) of this section". Other posting requirements are normal, such as the "Notice to All Employees Working on Federal or Federally Financed Construction Projects" (Davis-Bacon Act) (29CFR5.5 (a)(1) states the poster must be posted at the site of work, in a prominent and accessible place where it can easily be seen by workers. It is, however, wiser to be on the safe side and be sure YOUR employees are informed of laws and regulations.

8. If I have less than 10 employees, do I have to post the OSHA 300A Log?
Answer: No. Statute 29 CFR Part 1904.1 through 1904.3

9. How long is an employer supposed to post the OSHA Log 300A Summary?
Answer: The new Rule, Statute 29CFR1904.32, requires the Log 300A must be recorded during the current calendar year and posted from February 1 through April 30 of the following year. The Log 300A is a summary of only job related injuries and illnesses.

10. Why do I need an Injury & Illness Prevention Program?
OSHA Standard 29CFR1900.1 Members of the safety and health community, insurance companies, professional organizations, and employers in all industries are required to reduce and prevent job-related injuries, illnesses, and fatalities. The reductions in job-related injuries and illnesses, workers' compensation costs, and absenteeism that occur after employers implement such programs dramatically demonstrate their effectiveness.

11. Am I required to post posters in an area where job applicants can see?
Answer: Yes, every employer, employment agency, labor organization, or joint labor-management committee covered under the subchapter shall post notices in an accessible format for applicants, employees, and members describing the applicable provisions of this chapter, in the manner prescribed by section 2000e-10 of Title 42, Chapter 126 - Equal Opportunity Fair Employment.

12. How do I know if my posters are out of date?
The hard way…You can call the Federal and State agencies responsible for the posters and OSHA to check …or SAVE your valuable employee time and purchase your poster from us. We will notify you of any major changes to your State or Federal changes.

13. Is an employer liable for sexual harassment occurring in its workplace even if that employer is not aware of the sexual harassment?
Answer: Gov't Code sections 12940 (a), (h) and (i) states "an employer may be liable even if management was not aware of the harassment". Section: 12940 (l) requires an entity to take "All reasonable steps to prevent harassment from occurring". If an employer has failed to take such preventive measures, that employer can be liable for the harassment.

14. Safety meetings for a General Office….OSHA recommended, but mandatory.
For instance: OSHA Standard 29CFR1910.1200(a)(1) states: "The purpose of this section is to ensure that the hazards of all chemicals produced or imported are evaluated, and that information concerning their hazards is transmitted to employers and employees. This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets and employee training." Holding Safety Meetings for the General Office will assure you that all your employees are kept aware of any hazards in the workplace.

15. Do I have to train my forklift drivers? Who is eligible to train them? What should
training consist of?
Answers: According to OSHA Standard 29CFR 1910.178 (2) (B)(ii)(iii) Powered Industrial Trucks. (ii) Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written, material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and
evaluation of the operator's performance in the workplace. (iii) All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.

16. Do all types of businesses have to have safety meetings?
Answer: Yes. OSHA requires all businesses to have a Safety Program. If you have 10 or more employees, it must be in written format. If under 10 employees, you may communicate the information orally. This includes employers with general office employees so that they understand the hazards they may face in and around the office such as slips, trips and falls, ergonomics, back safety, office equipment safety, emergency action plans, first aid and bloodborne pathogens, lighting and eye hazards, safety out of the office including elevator safety, weather conditions and driving safety, chemicals in the office and security.

17. What is the fine for not posting posters?
Answer: Federal and State fines are imposed by various agencies. The fines also vary.

18. How does posting posters protect my company policies benefit the company?
Answer: By posting the required Federal/OSHA/State posters you give your employees a constant reinforcement of what is expected of you and of your employees. Keeping your employees in compliance with required regulations saves paying penalty fees, reminds supervisors of their obligations to uphold the law, and protect your workers from injury, discrimination, harassment, and other important State, Federal, and OSHA requirements.

19. Is there a regulation that mandates that my company must have an Emergency Action Program?
Answer: 29CFR 1910.38 (a) requirements are designed to insure that your employees are prepared in the event of fire or other disasters. Violators are being fined up to $7,000.00. The emergency action plan shall be in writing (except as provided in the last sentence of paragraph (a)(5)(iii) of this section) and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies.

20. My business is in California. Does OSHA require me to have a facility layout evacuation route plan?
Answer: Yes. On CAL/OSHA's Document Request Sheet when an inspection is conducted the first item on this list is "Facility layout (ie., floorplan, process flow diagram, evacuation route plan, equipment map, etc.

21. Is there a federal training requirement for the fire extinguisher?
No, not specifically. This does, however, fall under the 29CFR1910.38(a) & (b) OSHA Standard for Emergency Action Plans and Fire Prevention Plans. This Standard requires that responsible employees be properly trained on fire protection equipment.

22. Can I cross off the Minimum Wage when it changes and write in the new amount?
Answer: No because when there is new legislation there is new text changes to the body of the posting.

23. Can the Federal OSHA's "Plain Language" poster be posted in every state?
Answer: No. The Federal OSHA "Plain Language" poster is to be posted only by those states governed by Federal OSHA. Thirty states are governed by the Federal OSHA. These states are: AL-AR-CO-CT-DE-DC-FL-GA-ID-IL-KS-LA-ME-MA-MS-MO-MT-NE-NH-NJ-NY-ND-OH-OK-PA-RI-SD-TX-WV-WI. All other states are goverened by their own state OSHA. In these states the state's OSHA posting must be posted.

24. What kind of fines is my company subject to by OSHA and the DOL?
These are a few of the possible violations and fines you might be subject to.