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OSHA Posting Requirements: Court Strikes Down Similar NLRB Poster Regulation

Posted: May 10, 2013

The United States Court of Appeals for the District of Columbia recently invalidated a National Labor Relations Board (NLRB) rule that would have punished employers for failing to display a poster advising workers of their labor rights in the workplace.

The basis of the Court's action was that Congress has not granted the NLRB the authority to require a general notice posting by employers. Other labor and employment laws, such as OSHA, specifically authorize notice postings. Absent specific authority, the Court found that the NLRB's regulation regarding posting exceeded its lawful powers under the National Labor Relations Act.

The federal OSHA law requires a notice poster; that has not changed. The current poster that must be displayed in the workplace is entitled "OSHA Job Safety and Health: It's The Law." This poster informs workers of their rights under the Occupational Safety and Health Act and all covered employers are specifically required to display the poster in their workplace.

Under the OSHA law, any employer who violates any of the posting requirements, as prescribed under the provisions of the OSHA Act, can be assessed a civil penalty of up to $7,000 for each violation.

The "OSHA Job Safety and Health: It's The Law" poster is available free, in English and Spanish, from the Publications page on the OSHA website. If a copy is downloaded from the OSHA website, the OSHA regulations require that the reproduction be at least 8.5 inches by 14 inches with 10 point type.

You can order a printed copy of the posted by calling OSHA's toll free number, 800-321-6742, or the OSHA Publications Office, 202-693-1888.

State versions of the OSHA poster for State Plan states can be also obtained free from the State Plan offices.

NFDA Members may call the NFDA OSHA Hotline, which can assist with nearly all inquiries at no cost, at 800-633-2674. Members can also call NFDA OSHA and Workplace Issues Special Counsel Edward M. Ranier with legal questions at 410-967-1812; an initial consultation is free to NFDA members as a benefit of membership.