Employer Posting Requirements
Employers must post notices or other documents in conspicuous places in the facility or facilities where any covered employee works, so as to permit them to observe readily such posted material. Employers must take appropriate steps to see that the required notices are not altered, defaced or covered by other material. One consequence of failing to adhere to this requirement is that an employer may not then raise any defense in an enforcement action.
In accordance with the above , the following locations would generally be considered optimal: Reception areas or other similar locations that are highly trafficked by all employees; near, next to, or above time clocks; break rooms; lunch rooms; areas used for employee bulletin boards or other employee postings; and areas near cash registers. Simply providing electronic notice (i.e. emailing and/or posting on the intranet), without also posting in physical locations, is also not sufficient as electronic notices are not readily observable by all employees.
Centralized Work Locations
Central Employee Areas- Locations such as break rooms or employee kitchens in the workplace provide a unique opportunity for the posting of mandatory information to be constantly visible and readily available to employees. The location of such central congregating areas allows information on labor law requirements and applicable poster-display obligations to be easily accessed and observed by employees.
Employee Entrances and Exits
This is a prime posting location because all employees will enter the workplace and (at least on some days) leave it. This means that every employee will have the chance to view the posters every day, even if he works from home or doesn’t report to the office on a regular basis. Even if shifts overlap, employees whose hours start later in the day will still have the opportunity to see the notices and material during their morning commutes, so a midday arrival won’t be a problem.
Telecommuters and Remote Workers
However, when it comes to remote and telecommuting employees, the situation can become a bit murky. If the company does not have a location, and employees are constantly on the move, are separate labor law posters still needed? When is a specific office location considered a company site? The U.S. Department of Labor’s Wage and Hour Division states that wherever an employee "regularly reports for work," labor law posters must be posted. The primary work location for a remote employee is generally where they begin and end their work. Therefore, if the employee works on the road , there should still be a designated location for commuters and employees who need to check in when necessary. But maintaining a physical location is not the only way to comply with this labor law.
Digital solutions for labor law poster compliance have helped a variety of businesses effectively meet compliance requirements. Digital posting is compliant at all company locations, as long as it adheres to state specific digital labor law poster requirements. This includes the provision of a clear and conspicuous link to a comprehensive list of labor law posters for all relevant states, appropriate communication strategy to inform employees about the process of accessing digital labor law posters, and a plan to monitor compliance should be established.
Best Practices for a Workplace Poster Audit
Employers that regularly review the locations of their labor law postings will be more likely to maintain proper poster compliance. Posters in the work area may also serve as a reminder to employees about their rights under applicable labor laws. We recommend that employers regularly conduct poster audits of the work area and perform the following:
- Update posters promptly when changes occur. Changes to mandatory posting requirements occur frequently. To avoid oversights arising from changes, we recommend that employers not only check for changes and/or new additions to the posting requirements in January, but also review each month’s publications from the U.S. Department of Labor (DOL) and the respective state wage and hour agencies, review the "Reports and Updates" link on the DOL website, and subscribe to newsletters from companies that track these updates. In addition, companies should subscribe to the Wage and Hour Division’s listserv for free training opportunities and updates. You can subscribe to this service at: https://www.dol.gov/whd/contacts/whdsignup.htm. Finally, procedures should be put in place to ensure that a method is in place to review the most up-to-date posters every few months.
- Check postings for accuracy. In addition to reviewing each month’s publications for updates, posting requirements are also clarified through settlements or guidance. We recommend checking for accuracy through these additional sources about once a year or when a company’s poster supplier informs the company that there have been changes to the posters.
- Keep records of completed audits. Companies should keep a record of their poster audits and recordkeeping to document their compliance efforts. In addition, if there are any claims made against the company, the audit recordkeeping may help the company refute any allegations about its posting compliance.
- Keep records of any communications with employees attached to the audit record. If an employee requests a certain poster or asks about posting requirements, those communications should be placed on the company’s poster record-keeping. In addition, if an employee brings the company’s attention to an outdated or inaccurate poster, the company should document the communication in the poster record; it may help the company show that it acted reasonably given the information available to it at the time.
Industry-Specific Posting Obligations
Although federal and state labor laws require compliance with various posting requirements for all types of businesses, certain industries have unique requirements for signage at their facilities or workplaces. Postings may be required in multiple locations in these unique work environments.
For example, workplace safety laws require visible and legible signage identifying the use of respiratory protection in the workplace to protect job sites and employees from harmful air contaminants. In this scenario, signage needs to be posted in every area where respiratory protection might be required. If an employee needs to wear a respirator when traveling to or between jobs on a job site, signage should be posted to alert workers to the respiratory hazard in the area, and then additional signage should be posted in areas in which those entering must don respiratory protection to prevent exposure to harmful respiratory hazards. These postings may be required to be placed in multiple locations on a construction site or similar industry setting. Though companies building a project may rotate foremen from area to area, clearly posting the respiratory hazard right where the hazard may be present can help to protect companies and employees alike. If employees are unsure where the respiratory hazards are present on a job site , injuries could result. Companies should clearly post such hazard areas prior to the start of any jobs, and post a notice after the hazard is addressed. Compliance with location requirements for the notification of respiratory hazards can avoid legal issues down the road.
In a health services/workplace setting, such as a nursing home, posting detailing the proper methods for using fall protection equipment may be required in all patient care floors. In hospitals, for example, surgical centers may require posting of signage regarding proper use of fall protection required of employees using ladders, scaffolding, and scissor lifts in order to prevent a fall from heights of over 4 feet. In the health service setting, hospitals may be subject to OSHA requirements as well as medical industry industry-specific requirements for workplace safety.
Specifically, in the medical industry, OSHA has enforced various requirements relating to bloodborne pathogens, PPE, hazard communication, tuberculosis, mercury, and ionizing radiation. Postings in these areas may be required to prevent exposure or notify patients and employees of risks if such issues are present.
Companies should routinely review elective industry-specific posting requirements, as they tend to change regularly, to ensure compliance.