The Occupational Safety & Health Administration (OSHA) is becoming active in Colorado and has plans to inspect even more marijuana businesses in 2018. Even though marijuana businesses may not be federally supported, owners still must adhere and comply to all federal laws and regulations for protecting their employees. Under the OSHA law, employers have a responsibility and obligation to provide a safe workplace.

As many marijuana businesses have grown rapidly, faster than regulatory authorities can keep up, compliance with OSHA is critical for a marijuana business to survive. Fines and citations proposed from OSHA are usually significant and can often close down businesses that are unable to absorb the financial impact.

Here are the top 5 OSHA Infractions observed via Adherence Compliance inspections in 2018:

  1. The facility does not have a written Hazard Communication Plan that describes how it achieves compliance with: 1) labels on hazardous containers; 2) MSDSs for all chemicals and pesticides; and 3) hazardous chemical training for employees.
  2. All relevant employees have not been trained on hazardous materials in use at the facility prior to their initial work assignment and when new hazards are introduced, and documented as required.
  3. The facility does not have a formal fire prevention plan (written with more than 10 employees) that addresses major hazards in the facility, accumulation of waste material, maintenance of heat-producing equipment and names and titles of employees responsible for various parts of the plan.
  4. Required Personal Protective Equipment (PPE) has not been evaluated and documented, along with associated training plans and verification for employees.
  5. The facility does not have required OSHA documentation related to workplace injury, OSHA Form 300, or Form 301 if injuries have occurred, on file

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