OSHA GUIDANCE
FOR OWNER/OPERATORS
This Guidance focuses on federal OSHA. Answers may vary in OSHA-Approved State Plans (including
Alaska; Arizona; California; Hawaii; Indiana; Iowa; Kentucky; Maryland; Michigan; Minnesota; Nevada; New
Mexico; North Carolina; Oregon; Puerto Rico; South Carolina; Tennessee; Utah; Vermont; Virginia;
Washington; Wyoming).
©2020 McDonald’s
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws,
and regulations applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal
counsel. Owner/Operators are responsible for all employment related matters in their restaurant(s) and exercise complete control over the work,
working conditions, and terms and conditions of employment for employees in their restaurants. These materials are informational only and should
not be construed as establishing requirements applicable to any Owner/Operator. To the extent these materials contain references to
Owner/Operators, these references are for demonstrative purposes only and are incorporated in an effort to assist Owner/Operators in case they
choose to implement any portion of these materials within their individual organizations.
WHAT TO EXPECT
DURING A FEDERAL OSHA INSPECTION
The Occupational Safety and Health Administration (OSHA) is the government agency responsible for ensuring
employees have a safe workplace, free from recognized hazards. OSHA may initiate an investigation for many
reasons, discussed further below, and the following are some FAQs to help you understand what you can expect
during an inspection.
We know that you are committed to providing safe and healthy working conditions for your employees and
maintaining an environment in compliance with all laws and regulations is the best guarantee of a successful OSHA
inspection. If you have questions, contact your attorney or other individual responsible for safety protocols at your
restaurant.
Q: What are the reasons that OSHA initiates an inspection?
A: OSHA has the right to investigate if it has probable cause, which can be based on things like:
1. An employee complaint (OSHA refers to this as a “formal complaint”), which is made by a current employee
and reasonably shows that an OSHA standard was violated that exposes employees to physical harm, or
an imminent danger of death or serious injury.
a. This is the most common cause of an OSHA inspection.
b. NOTE: Employees have a right to file a complaint with OSHA, and the law prohibits retaliation for
exercising this right.
2. Fatality or Accident Inspection – OSHA receives notification of a fatality or an accident resulting in the
inpatient hospitalization, amputation, or loss of an eye.
3. Imminent Danger Inspections – Conducted when OSHA receives reports that a workplace has a condition
of imminent danger and could come from a referral (fire personnel, newspaper, internet articles, etc.).
4. Programmed Inspections – Aimed at specific industries identified in OSHA’s current inspection procedures.
5. Follow-Up Inspections – Conducted after OSHA issues a citation to confirm that cited hazards have been
corrected.
Q: What steps are involved in OSHA inspection?
A: The inspection process usually consists of the following steps:
Opening
Conference
Inspection
Employee
Interviews
Documentation
Review
Closing
Conference
Post
Inspection
This process often begins when an OSHA Compliance Safety and Health Officer (CSHO) arrives at the restaurant.
The CSHO will generally want to conduct an inspection, within a reasonable time of arriving at the restaurant.
• A manager familiar with OSHA inspection policy generally should be there to oversee the inspection. The
CSHO will wait a reasonable time for a designated management-level employee to arrive.
Following the inspection, the CSHO may ask for additional documentation or interviews or to conduct a follow-up
inspection.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
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Q: Does OSHA decide whether there are any violations on-site?
A: OSHA has six months to issue a citation following an inspection.
Q: Does OSHA have a right to inspect my business?
A: As an employer, you have a constitutional right under the Fourth Amendment to be protected against
unreasonable governmental searches and seizures, and thus, can demand that OSHA obtain an inspection
warrant prior to entering non-public areas on your premises. In most cases, however, employers permit an
OSHA inspection to proceed by consent and without the need for a warrant.
There are many good reasons to cooperate with a CSHO and to assist the CSHO in obtaining information
during the inspection. Before consenting, however, an employer may:
•
Confirm that the inspection is based upon one of the enumerated reasons discussed above or other
reason permitted by law.
•
Request that the inspection occur during a time that minimizes unnecessary operational disruptions
(e.g. not during the lunch rush and/or after the GM arrives)
Suggested Practice: Consider consulting with an attorney before refusing access altogether.
Q: Can the CSHO bring a third party with them during the inspection?
A: As a general matter, third parties do not have a right to participate in an OSHA inspection. However, a third
party who is not an employee of the employer (such as an industrial hygienist or a safety engineer), whose
accompaniment during the inspection is, in the judgment of the CSHO, reasonably necessary to the conduct of
an effective and thorough physical inspection is permitted to attend. 29 CFR 1903.8(c). Examples include:
•
Unique or technical expertise necessary for an effective inspection.
•
An interpreter for interviews of non-English speaking workers.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
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Q: What about employee representatives?
A: There may be safety and security reasons why you prohibit unauthorized third party access to the non-public
areas of your restaurants. For this reason, it is a suggested practice to consult with counsel before you allow
any individual claiming to be a “representative” of employees to participate in the OSHA investigation, even if
the OSHA investigator states that they will treat such a refusal as a refusal to permit the inspection.
Allowing third parties to participate in an inspection may create difficulties if you later decide that you do not
want them to be a part of the process. For this reason, you should know that we believe businesses do not
have to allow an individual claiming to be a “representative” in a non-unionized setting to participate in an
OSHA inspection.
You should, however, always consult with your legal counsel concerning any investigation or other legal
proceeding involving your restaurant. It is a suggested practice to determine in advance the protocols that
you would like your managers to follow.
Q: Is there any planning an employer can do before they have an OSHA inspection?
A: Ensuring a safe working environment free of hazards is the best possible preparation for any OSHA inspection.
You can also review the OSHA Inspection Checklist (or Cal/OSHA Inspection Checklist, for California
franchisees only) copied at the end of this Guidance. Additional preparation can include:
•
Establishing a protocol for handling OSHA inspections, including designating a management-level
employee to be contacted immediately should OSHA appear at the restaurant and before the
inspection starts.
•
Your protocol can also include instructions to limit inspections to reasonable times and within
reasonable limits. The CSHO will generally wait a reasonable time, for example, for a designated
management-level employee to arrive.
•
Inform crew of the protocol and the contact information.
Q: What typically happens at an opening conference?
A: At the opening conference the CSHO will present his or her credentials and explain the basis and the scope of
the investigation. They will also supply you with a copy of applicable documents (e.g. a warrant and/or
employee complaint, if applicable).
Suggested practice: As with any legal document, consider closely reviewing and making a copy of these
materials. You can ask any questions you need to understand them. In the unusual circumstance where
the CSHO does not provide background on the reason for the investigation, you can ask for this
information, including whether the complaint was made by a current employee and/or the nature of any
program OSHA references.
Another suggested practice is to discuss the scope of the inspection with the CSHO before the inspection
begins. Employers have the right to a reasonable inspection — one conducted in a reasonable manner, at
a reasonable time, and within reasonable limits. For example, you and the CSHO may agree to limit the
inspection to the subject of an employee complaint or a particular piece of equipment (that the complaint
focuses on).
You can revoke your consent during the inspection if the CSHO goes beyond what you have agreed to
show the CSHO (except for hazards in plain view, discussed below).
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
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Q: What is the “plain view” rule?
A: If a safety violation that can cause serious injury or death is in plain view, the CSHO has a right to address it,
even if it is outside of your agreed-upon areas for review.
Q: What are some steps employers can take during the inspection?
A: Employers have a right to have a store manager or other restaurant representative accompany the CSHO
during the inspection. It is a suggested practice to take advantage of this right, as well as to treat the CSHO in a
polite and respectful manner during the inspection. The manager accompanying the CSHO can also consider
taking the following steps:
•
Take photographs, measurements, samples when the CSHO does so.
•
Document the inspection, taking notes of what the CSHO documents, equipment/areas reviewed, and
comments the CSHO makes.
»
•
NOTE: There is no legal requirement that you reenact an alleged violation during an inspection.
The restaurant has the right to correct simple and obvious alleged safety hazards. Even if OSHA issues
a citation for such hazards, OSHA’s Field Operation Manual provides for a “quick-fix” penalty reduction.
Q: What can an employer expect during employee interviews?
A: OSHA has the right to interview employees at a reasonable time and in a reasonable manner, and employees
have the right to speak with, or refuse to speak with, the CSHO, without retaliation. The CSHO can only
record or videotape an interview with the consent of the employee, and employees have the right to refuse to
write or sign a written statement. If an employee makes a statement, they are entitled to copy of the statement.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
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Q: Are interviews with managers different?
A: Yes, the rules for management interviews are different from employee interviews. Non-management employee
interviews may be conducted privately, outside the presence of a restaurant representative (e.g. a lawyer or
manager).
By contrast, an employer is entitled to have a company representative (e.g. a lawyer or manager) present for
any interview of the employer’s managers or supervisors and to take detailed notes. This is because
statements by management can be treated as made on behalf of the employer and could be binding on the
restaurant. For example, if a restaurant representative agrees or disagrees with CSHO observations, it could be
considered an admission of violations.
Suggested Practice: Consider contacting your labor and employment counsel to participate in the OSHA
management interviews and to assist you in identifying who qualifies as a management employee.
Although OSHA often draws a line between management and “hourly employees,” the legal analysis may
not completely mirror the exemption tests under the FLSA. Your counsel may have to work this distinction
out with OSHA based on the circumstances of your particular workplace.
Q: What documentation will OSHA request?
A: During an inspection, OSHA has the right to examine company records relevant to the inspection and those
documents required to be maintained under the OSH Act, its standards and regulations.
Suggested practice: Consider retaining copies of documents inspected or otherwise provided to OSHA
during the inspection.
Examples of required records that may be requested include Personal Protective Equipment Hazard
Assessments. Restaurants are generally considered to be low hazard workplaces, as a result, most
McDonald’s restaurants are exempt from the federal requirement to maintain and post an OSHA 300A log
summary of injuries. Note, however, that state OSHA plans many require the OSHA 300A log, such as
Minnesota.
OSHA also may ask for copies of these records during the inspection or in the six months following the
inspection. Employers generally can discuss with OSHA the deadlines/timing for providing these documents to
OSHA. An employer can ask for requests for copies of documents to be made in writing so that the request
can be reviewed for relevancy/reasonableness and so that documents can be submitted to OSHA with
confidentiality markings (if needed).
Suggested practice: Consider marking confidential, non-public documents as “confidential” before
providing them to OSHA. Consider redacting employees’ private information (SS#, bank account numbers,
personal contact info, date of birth, etc.).
An employer is entitled to have OSHA maintain privacy and trade secrets and can take steps in working with
OSHA under its investigation regulations and procedures to protect confidential trade secret information.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
OSHA GUIDANCE
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Q: What happens at the closing conference and after the inspection?
A: The CSHO will hold a closing conference with management where the CSHO should advise of any potential
violations that may result in a citation, inform the employer of its rights, and discuss the employer’s general
safety program. Note that the inspection is still open during the closing conference, and statements made can
be considered an admission of violations. OSHA has six months from the date of inspection to issue a citation
and notice of penalty.
Suggested Practice: Retain counsel if you believe you will receive a citation. Employers have a limited
amount of time after receiving a citation to submit a written challenge (i.e., to contest or appeal it) or pursue
other negotiations with OSHA.
OSHA may conduct a follow-up inspection after a citation to confirm that any cited hazards have been
corrected, which could occur up to 3 years after the citation.
SUMMARY OF SOME EMPLOYER RIGHTS
DURING EACH STEP OF THE INVESTIGATION:
Opening Conference
An employer can ask OSHA to:







Present their credentials.
State the basis and scope of the inspection.
Provide a copy of the applicable documents – warrant, employee complaint, etc.
Confirm whether the complaint was made by a current employee, if the inspection is based on
an employee complaint.
Provide the nature of the program and why this restaurant was selected, if the inspection is
based on an OSHA program.
Agree on the scope of the inspection, prior to the inspection beginning.
Limit the inspection to the subject matter of the basis for the inspection, e.g., employee
complaint, particular piece of equipment, specific area in the restaurant, etc. (except for the
plain view obligations)
Inspection
An employer can:


Ensure the inspection is conducted in a reasonable manner, at a reasonable time, within
reasonable limits
Mirror the OSHA inspection – take photos, measurements, notes during the inspection
Employee Interviews
An employer can request:


To have employee interviews occur to a reasonable and convenient time, that does not
interfere with the restaurant’s normal business operations and crew safety.
To attend management employee interviews.
Documentation
An employer can ask for:

Document requests from OSHA in writing
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
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Conclusion
We know that the safety and security of your staff and customers are your top priority and hope this introduction
has provided some useful background on what you might expect during an OSHA inspection. If you have questions
regarding federal or state safety requirements, contact your attorney or safety professional.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for
complying with all statutes, laws, and regulations applicable to their restaurant(s). For any legal issues affecting
their business, Owner/Operators should consult their own legal counsel. Owner/Operators are responsible for all
employment related matters in their restaurant(s) and exercise complete control over the work, working conditions,
and terms and conditions of employment for employees in their restaurants. These materials are informational only
and should not be construed as establishing requirements applicable to any Owner/Operator. To the extent these
materials contain references to Owner/Operators, these references are for demonstrative purposes only and are
incorporated in an effort to assist Owner/Operators in case they choose to implement any portion of these materials
within their individual organizations.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
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DB1/ 115517162.1
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Common OSHA Standards in Eating and Drinking Establishments
OSHA has a number of regulations that apply to eating and drinking establishments like a McDonald’s restaurant.
The following summary covers some of the most common standards in our industry. This information, however, is
simply an informational summary and does not cover all health and safety obligations. If you have questions,
contact your attorney or other individual responsible for safety protocols at your restaurant.
1.
HAZARD COMMUNICATION (HAZCOM) – 29 C.F.R. § 1910.1200
A written HazCom program is required by 1910.1200(e) and should include, among other items:
•
•
•
•
A list of all hazardous chemicals that are used in the restaurant;
Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets) for all hazardous
chemicals that are used in the restaurant;
Procedures to label secondary containers; and
A record of all employee training and communication on hazardous chemicals.
Employees must be trained on hazardous chemicals in their work area under 1910.1200(h)
Suggested practice: The SDSs for all chemicals, wherever purchased, should be kept in one location,
preferably in a binder but also online, and employees should be informed as to where to find it. If OSHA
asks an employee for the SDS for a certain hazardous chemical that they use, that employee should know
where to find it. An optional model HazCom Manual is available online in the HazCom App, available here.
Additionally, the HazCom training is available here.
2.
PERSONAL PROTECTIVE EQUIPMENT (PPE) – 29 C.F.R. § 1910.132(d)
OSHA will look to ensure that PPE is provided and effective for identified hazards. The PPE standard
requires the employer to:
•
•
•
•
•
Review the workplace to determine if hazards are present;
Select, and provide to each employee free of cost, appropriate PPE to protect them from identified
hazards;
Communicate selection decisions to employees;
Ensure proper fit of selected PPE; and
Provide training in use, care and maintenance of PPE.
NOTE: OSHA frequently cites employers under 1910.132(d)(2) for failing to produce a written certification
that the required workplace hazard assessment has been performed. OSHA will look for PPE Hazard
Assessments for job duties such as working near hot grease (fryers), hot grills, walking on slippery floors
and corresponding PPE.
Suggested practice: The following is a suggested list of PPE for quick-service restaurants.
•
•
•
•
•
Disposable Vinyl Gloves – for non-food accident clean up and disinfecting procedure and restroom
cleaning
Heat Resistant Gloves – for cleaning the toasters while hot and in cleaning mode, oven cleaning, grill
cleaning/recovery, emptying the grill grease trough, and removing items from tank
Protective Face Shield, Apron, Heat Resistant Gloves – for fryer filtering/cleaning
Oven Mitt – for removing items from the oven
Safety Vests – for working outside (ex: handheld order taking)
Additional PPE may be required in response to new hazards, such as COVID-19. For a sample PPE
Hazard Assessment, please see the HazCom App, or available here.
Suggested practice: Regarding “non-food accident clean up,” if employees are assigned to clean up blood
or other potentially infectious materials (“OPIM”), OSHA’s Bloodborne Pathogens (“BBP”) Standard, 29
CFR 1910.1030, may apply. If instead you use an offsite third-party vendor/contractor that independently
complies with the BBP Standard to clean blood and OPIM spills, you may avoid requirements that
otherwise would apply.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
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Suggested practice: Consider maintaining a record of all employee training. Owner/Operators can choose
to use sample training for PPE that is embedded in the Training Station Operation Checklists.
3.
ELECTRICAL – WIRING METHODS, COMPONENTS AND EQUIPMENT FOR GENERAL USE – 29
C.F.R. § 1910.305
OSHA standards address electrical hazards and require electrical equipment to be free of recognized hazards likely
to cause death or serious physical harm. Equipment must also be suitable for installation and use, and employers
must avoid work using damaged extension cords. When examining electrical hazards, OSHA will look for the
following:
•
Proper enclosures for damp or wet locations (cabinets, cutout boxes, fittings);
•
Use of extension cords in place of hard wiring;
•
Over-current protection (e.g., breakers);
•
Exposed wiring;
•
Open panel boxes;
•
Panel boxes with exposed circuits;
•
Circuit breakers properly labeled;
•
Adequate clearance for panel boxes — minimum of 3 ft. required.
Suggested practice: As with all workplace safety conditions, you do not need to wait for OSHA to conduct
an inspection. Rather, you can consider taking proactive steps such as walking around the restaurant and
keeping an eye open for issues, such as carts or skids, in front of the electrical panels.
4.
MEDICAL SERVICES AND FIRST AID – 29 C.F.R. § 1910.151
OSHA will inspect the restaurant to determine if a first-aid trained employee must be made available.
•
OSHA will first determine if a clinic or hospital is close, i.e., whether EMTs can reach your location
within an allotted time;
•
If so, no first-aid trained personnel are required;
•
Adequate first-aid equipment and supplies must be maintained at the restaurant.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
OSHA
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Suggested practice: Consider having managers and employees contact 9-1-1 in the event of
emergencies necessitating medical treatment.
With respect to first-aid equipment and supplies, first aid kits should be regularly monitored and used
supplies should be replaced immediately. The stocked first aid kit should be available to all employees and
not locked in a drawer/office. Employers should check the inventory of the first aid kit on a regular basis
and ensure that refills are ordered to meet the minimum requirements.
Suggested practice: The following is recommended to be in the first aid kits, in addition to the periodic
purchase of new first-aid kits:

Absorbent compress, 32 sq. in. with no side smaller than 4 in.

Adhesive bandages, 1 in. x 3 in.

Adhesive tape, 3/8 in. x 2.5 yd.

Antibiotic treatment

Antiseptic application

Burn treatment application

First-aid guide

Medical exam gloves, 2 pair

Sterile pads, 3 in. x 3 in.

Triangular bandage, 40 in. x 40 in. x 56 in.
5. HOUSEKEEPING — 29 C.F.R. § 1910.22 (GENERAL REQUIREMENTS)
The Housekeeping standard provides that “all places of employment [shall be] kept in a clean, orderly, and
sanitary condition” and “floor of each workroom [shall be] maintained in a clean and, to the extent feasible,
in a dry condition.”
OSHA will look for:
•
General appearance, cleanliness;
•
Safe clearance for aisles and passageways;
•
Clean and dry floor surfaces.
Wet or slippery floors, food or debris on the floor, and boxes or equipment in walkways are often cited by
OSHA.
6. EXIT ROUTES — 29 C.F.R. § 1910.37
OSHA will look to make sure that exit routes are clearly marked and unobstructed. The basic requirements
are:
•
Exit routes must be free and unobstructed;
•
Sprinklers, alarms and exit lighting must be properly maintained;
•
Exit signs must be illuminated and clearly visible;
•
Doors or passages that could be mistaken for exits must be marked “Not An Exit.”
Suggested practice: Regularly walk exit routes. Remove any items that are blocking an exit (even if they
are just there temporarily). If you observe any permanent or temporary obstacles (blockage, debris, unlit
exit sign), consider removing or correcting it right away. OSHA will also look to make sure that exit signs
have battery back-up in the event of a power failure.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
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7.
PORTABLE FIRE EXTINGUISHER” 29 C.F.R. § 1910.157
OSHA will first check to determine if employees are expected to use fire extinguishers. If employees are
NOT expected to use fire extinguishers, then only basic maintenance is required:
•
Conduct monthly visual inspections of each fire extinguisher and sign tag. Assure extinguisher is fully
charged;
•
Perform annual maintenance checks;
•
Conduct hydrostatic checks every 6 years.
If employees are expected to use fire extinguishers, there are two essential requirements:
8.
•
Ensure proper selection and placement of fire extinguishers;
•
Conduct and document employee training and education.
HEAT STRESS ISSUES — SECTION 5(a)(1)
OSHA will inspect restaurants that require employees to work outdoors, in hot climates, or high
temperatures and have issued citations in some cases for violations of the OSHA General Duty Clause,
Section 5(a)(1). OSHA will look for:
•
Instances where employees have exhibited symptoms of heat exhaustion, i.e. headache, dizziness,
confusion, nausea;
•
Training of employees about the hazards of heat stress and how to prevent it;
•
Whether cool water, shady areas (umbrellas, etc.), fans, periodic breaks, are being provided.
Suggested practice: During the hottest part of the day, provide frequent breaks, spreading the work
among more crew to limit over exertion. Encourage proper hydration by providing cool water and directing
crew to drink small amounts (ideally, one cup every 20 minutes). See heat procedures discussed in
Handheld Order-Taking Manuel, available here.
Suggested practice: OSHA state plans may have additional requirements. For example, see California
Code of Regulations, title 8, Section 3395 https://www.dir.ca.gov/dosh/etools/08-006/
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Occupational Safety & Health Administration (OSHA) Checklist
A periodic self-audit of your safety program and practices can be helpful to prepare for OSHA inspections
and to ensure the safety of working conditions at your restaurant. Although not exhaustive of all legal
requirements, the following is a combined list of obligations and suggested practices which, if given
proper attention, may assist you with OSHA compliance. This checklist is an optional resource that
Owner/Operators may choose to use, in part or in whole, at their sole discretion. Owner/Operators are
solely responsible for complying with all statutes, laws, and regulations applicable to their restaurant(s).
State OSHA requirements, for example, may not be reflected on this checklist.
CLEANLINESS, MAINTENANCE, & PPE
1. Cooler/freezer is free of ice on floor;
2. Clean and mop floors frequently/no puddles or standing water – consider sweeping and mopping
as you go;
3. Sufficient personal protective equipment (PPE) available for employees and employees trained in
proper use and limitations (face shield, protective apron and gloves for filtering, gloves for
cleaning grill, approved mitts for ovens), training documented for each employee who may be
assigned duties requiring PPE;
4. Maintain stairs in good repair;
HAZARD COMMUNICATION
5. Safety Data Sheets (SDS) (also known as Material Safety Data Sheets) up to date and available
for all chemical products used in the restaurant (See Hazard Communication Program);
6. Hazard Communication Program in place/employees trained annually, know where to find SDS’s,
and training documented by employee signature on a training log;
EXITS, EMERGENCIES, FIRE EXTINGUISHERS
7. Back door and exits are not blocked and are free of obstructions (i.e. no garbage, boxes or
equipment in front of or blocking);
8. Emergency Action Plan in place. Employees are trained (especially in emergency response, such
as telephoning 911, evacuation routes);
9. Exit doors clearly marked as such. Doors not leading to an exit clearly marked as such;
10. All emergency lighting in working order;
11. Sufficient number and types of fire extinguishers. Ansul Suppression System inspected;
12. Fire extinguisher training documented for those expected to use fire extinguisher in an
emergency;
13. Fully stocked first aid kit, replenish as needed;
ELECTRICAL ISSUES
14. Circuit breaker panel is properly labeled. The functions of each breaker panel should be clearly
identified;
15. Label non-functioning breakers as such;
16. Area within 3-4 feet of enclosure front must be clear with 6 feet, 5 inches clearance from floor to
ceiling;
17. Electrical cords and plugs must be in good condition, with no fraying or exposed wiring;
18. Check for missing or broken outlet covers;
Suggested practice: Have maintenance and repair of electrical issues performed only by
designated outside personnel.
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COVID-19 Addendum
19. Check state and local ordinances/guidance on COVID-19, including on signs/postings/stickers,
temperature checks, wellness checks, self-screening, social distancing, occupancy limits,
enhanced ventilation, safety/security, cleaning, disinfecting, hygiene (including hand washing),
face coverings, PPE, avoiding contact/touching/sharing of items, required steps following a
diagnosis (such as communication, deep cleaning and contact tracing), benefits, sick leave and
training (among other topics).
20. Update PPE Hazard Assessment as needed. For a sample PPE Hazard Assessment, please see
here.
Cal/OSHA Injury & Illness Prevention Program (“IIPP”) Addendum. In addition to the steps outlined
above, the following applies to Owner/Operators located in California.
1. Ensure written Injury and Illness Prevention Program (“IIPP”), compliant with 8 CCR 3203(a), is
available at location. A sample IIPP is available here.
a. Implement a system for identifying and evaluating workplace hazards whenever new
substances, processes, procedures, or equipment are introduced into the workplace and
whenever you receive notification of new or previously unrecognized hazards.
b. Ensure employees are properly trained on IIPP.
c. Ensure that periodic inspections are conducted.
d. Ensure that records of periodic inspections are created and maintained.
2. Per Cal-OSHA requirements, ensure that each restaurant has a California COVID-19 Workplace
Prevention Plan in place, which incorporates or meets the requirements outlined in the U.S. DineIn Reopening Playbook and On the Road to Recovery Training Guide
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and
regulations applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel.
Owner/Operators are responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working
conditions, and terms and conditions of employment for employees in their restaurants. These materials are informational only and should not be
construed as establishing requirements applicable to any Owner/Operator. To the extent these materials contain references to Owner/Operators, these
references are for demonstrative purposes only and are incorporated in an effort to assist Owner/Operators in case they choose to implement any portion
of these materials within their individual organizations.
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COVID-19 Addendum
McDonald’s is committed to maintaining the highest standards of health and safety for anyone who enters
a McDonald’s restaurant. In response to COVID-19 pandemic, we have made many adjustments to our
policies and procedures. We made these changes in accordance with recommendations from the CDC
and public health officials, and in consultation with epidemiologists.
Please review the Minimum Safety and Health Standards in the On the Road to Recovery and
Beyond Guide here, along with the Dine-In Reopening Playbook here. No matter what topic you are
dealing with, the minimum safety and health standards for COVID-19 apply during the pandemic. You
should think of these minimum safety and health standards as a baseline – the building blocks for
everything that you do at McDonald’s during the pandemic. These procedures are relevant to you and
your team regardless of the SOP or where you are in the Recovery process. Although this list is nonexhaustive, key topics include:
• Social distancing
• Face coverings & gloves
• Temperature and wellness checks
• Self-monitoring for symptoms and staying home
• Handwashing (at least every hour)
• Hand sanitizer
• Enhanced cleaning and disinfecting
• Hygiene and etiquette
• Contactless operations
• Signs and stickers
If a state/local law on COVID-19 is stricter than the minimum safety and health standards outlined above
or the procedures in the relevant guide, you should consult with your supervisor or Owner/Operator and
follow the state/local law. Because there may be variations on the specific steps or details at your
restaurant (including to comply with additional requirements under state or local laws), be sure to consult
with your supervisor or Owner/Operator to confirm the exact process in place at your restaurant.
Diffusing Difficult Situations
Most of the time, our Guests receive a positive experience when visiting our restaurants and are highly
satisfied with the service they receive. However, there are times when Guests become upset, frustrated
and even angry. Although rare, there may be times when conflict occurs between Guests and your Crew.
The best defense against aggressive or hostile behavior is to defuse a situation before it escalates.
Approach every situation calmly and treat everyone with respect. Always remember your safety and the
safety of others is priority. You may find that issues escalate more than they would have in a pre-COVID
environment. You can find tips for Diffusing Difficult Situations that might arise in the Drive-Thru, MOP or
Delivery, here.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and
regulations applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel.
Owner/Operators are responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working
conditions, and terms and conditions of employment for employees in their restaurants. These materials are informational only and should not be
construed as establishing requirements applicable to any Owner/Operator. To the extent these materials contain references to Owner/Operators, these
references are for demonstrative purposes only and are incorporated in an effort to assist Owner/Operators in case they choose to implement any portion
of these materials within their individual organizations.
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RESPONDING TO OSHA
During the present pandemic, OSHA has been laser focused on COVID-19 safety and health complaints. OSHA
has two responses to complaints:
(1) “Phone/Fax” Letter. Also known as a nonformal or informal investigation letter. Typically, the result of an
anonymous or non-employee complaint, or when OSHA does not believe there is any immediate danger to
employees.
(2) OSHA Onsite Inspection. See guidance in the section above on “What to Expect During an OSHA Inspection.”
Suggested practice: After receiving a Phone/Fax Letter from OSHA regarding COVID-19, be prepared for an
onsite inspection, assume that someone has concerns regarding your safety and health practices, and consider:
• Increasing HR oversight of restaurant to ensure compliance with your health and safety protocols;
• Reviewing restaurant response to COVID-19;
• Increasing shift huddles on COVID-19;
• Increasing cleaning and disinfecting;
• Utilizing COVID-19 and OSHA resources, such as:
o Dine-In Reopening Playbook;
o On the Road to Recovery and Beyond Resource Guide;
o OSHA Inspection Checklist;
o CAL/OSHA Inspection Checklist (for California franchisees only).
RESPONDING TO AN OSHA PHONE/FAX LETTER
Consider reading the letter several times so that you understand the complaint and your obligations in responding.
The letter will outline the number of days that you have to respond (typically five working days, depending upon
your location).
Suggested practice
•
•
•
•
If you need more time to respond, contact OSHA and ask for it right away;
At your restaurant, assess allegations in letter and the facts on the ground;
Write a response that explains the steps your restaurant already has taken on COVID-19 and worker
safety;
Write a response that explains the steps your restaurant has taken since receiving the letter and/or
steps that it will take in the immediate future.
When writing your response, consider including supporting exhibits. OSHA greatly prefers when you show them
what you have done to combat COVID-19, in addition to describing it in your response letter.
Suggested practice. Consider attaching:
•
•
•
•
•
•
Signs posted in restaurant;
Photographs showing social distancing practices;
Receipts for gloves, face coverings, hand sanitizer, thermometers, etc.;
COVID-19 shift huddle/training records;
Copies of temperature check and wellness check policies; or
Proof of other actions taken in response to COVID-19.
Suggested practice.
Consider marking all confidential, non-public documents “confidential.” You also can redact items for privacy
reasons such as: dates of birth and other unique identifiers; personal contact information; last names on employee
rosters; specific pay and benefit information; bank account numbers; and cost of items on any receipt. This list is
non-exhaustive.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
OSHA GUIDANCE
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RESPONDING TO AN OSHA ONSITE COVID-19 INSPECTION
The Guidance discusses best practices for responding to an OSHA onsite inspection above. COVID-19 safety
rules apply even during an OSHA inspection.
Suggested best practices:
• Maintain 6-foot distances at all times, including with the CSHO;
• Employees and the CSHO should wear face coverings and gloves;
• Limit contact to the fullest extent possible;
• Provide copies of any requested documents electronically to reduce contact and give yourself the
opportunity to mark documents confidential;
• Review prior guidance on “What to Expect During an OSHA Inspection.”
NO RETALIATION FOR RAISING SAFETY AND HEALTH-RELATED CONCERNS
Section 11(c) of the OSH Act bans retaliation against employees for reporting injuries, illnesses, or unsafe
conditions to their employers, participating in OSHA inspections, and refusing to work when there is reasonable
fear of death or serious injury. This protection extends to employees who have a reasonable, good faith belief that
a safety or health violation has occurred or could occur. OSHA has emphasized that employers cannot retaliate
against workers who report unsafe conditions during the coronavirus pandemic.
Key points to remember:
•
It is unlawful to retaliate against employees who participate in an OSHA investigation, complain to
OSHA, or otherwise raise safety and health concerns;
•
This may be true even if you determine that the complaint lacks merit;
•
Retaliation is more than just firing someone. It can include actions such as reducing an employer’s
hours to punish the employee for raising complaints.
STAY ABREAST OF FREQUENT UPDATES TO COVID-19 GUIDANCE
As the COVID-19 pandemic continues to evolve, guidance issued by CDC, OSHA, and state and local
governments is updated frequently. Therefore, be sure to check for updated guidance on a regular basis. In
particular, state and local ordinances/guidance may address specific requirements related to some or all of the
following topics (among other topics): signs/postings/stickers; temperature checks; wellness checks; self-screening;
social distancing; occupancy limits; enhanced ventilation; safety/security; cleaning; disinfecting; hygiene (including
hand washing); face coverings; PPE; avoiding contact/touching/sharing of items; required steps following a
diagnosis (such as communication, deep cleaning and contact tracing); benefits; and sick leave and training.
Consider contacting your labor and employment counsel if you have any questions.
This information is offered as a resource to Owner/Operators. Owner/Operators are exclusively responsible for complying with all statutes, laws, and regulations
applicable to their restaurant(s). For any legal issues affecting their business, Owner/Operators should consult their own legal counsel. Owner/Operators are
responsible for all employment related matters in their restaurant(s) and exercise complete control over the work, working conditions, and terms and conditions of
employment for employees in their restaurants. These materials are informational only and should not be construed as establishing requirements applicable to any
Owner/Operator. To the extent these materials contain references to Owner/Operators, these references are for demonstrative purposes only and are incorporated in
an effort to assist Owner/Operators in case they choose to implement any portion of these materials within their individual organizations.
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