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Posting notices conspicuously—It's the law!

January 2020 employment law letter
Authors: 
Jason R. Mau, Parsons Behle & Latimer

Q         We are moving into a new office space with two buildings joined in the middle by a breezeway. Will we need to post workers' compensation and Occupational Safety and Health Administration (OSHA) notices in both buildings, or is one building sufficient? What other employee notices are we required to post?

A   Invariably, we've all seen it—the OSHA poster with its big bold letters at the top reminding us that “Job Safety and Health—IT'S THE LAW!” Most of us probably walk by this poster and other related legal notices each day—and not by accident. Federal and state laws require statutory notices be placed where all employees, and in some cases applicants and labor union representatives, can easily view them.

The notice requirements typically require posters be prominently displayed in a “conspicuous” location. For an employer with multiple workplaces or distinct departments within its workplace, the conspicuous requirement becomes very important.

Under the specific OSHA regulations, prominently displaying in a conspicuous manner requires the poster be displayed at the employer's “establishment.” Of course, this can mean something different depending on the industry. Thus, OSHA defines establishment broadly to specify either a single physical location, distinct services or activities within a location, or a central location where all employees report daily or from which they operate to carry out their duties.

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