Workplace Safety Compliance in the Cannabis and Plant Medicine Industries

Kim Anzarut, CEO and founder of Allay Consulting | Image Credit: © Kim Anzarut

The cannabis industry is growing rapidly, but with that growth comes increased scrutiny—especially when it comes to workplace safety. Many business owners may not realize that the Occupational Safety and Health Administration (OSHA) has regulatory authority over cannabis facilities, including cultivation, processing, manufacturing, laboratories, and even retail. Just like any other industry, cannabis businesses must comply with OSHA’s safety standards to protect their employees from workplace hazards.

As the cannabis industry continues to mature, business owners must recognize the importance of implementing robust safety protocols. Workplace hazards can range from chemical exposure and poor air quality to electrical safety concerns and fire hazards. By staying ahead of regulatory requirements, cannabis companies can create a safer working environment and avoid costly fines or legal actions.

OSHA’s Role in the Cannabis Industry

Under the Occupational Safety and Health Act, employers are legally required to provide a work environment "free from recognized hazards that are causing or are likely to cause death or serious physical harm." While this has always been the case for traditional industries, the cannabis industry is now facing increased enforcement of these safety regulations.

It’s no secret that OSHA’s standards are "written in blood." These regulations often arise from tragic workplace incidents, meaning that businesses must take them seriously to prevent future harm. While the cannabis industry is relatively young, workplace injuries and safety violations have already made headlines—often with devastating consequences. Whether it’s improper handling of hazardous materials or inadequate employee training, workplace safety must be a top priority for every cannabis business.

Adapting to State and Federal Regulations

Although OSHA provides nationwide workplace safety regulations, individual states are beginning to incorporate cannabis-specific safety expectations into their regulatory frameworks. For example, Colorado’s Marijuana Enforcement Division has established rules requiring certain cannabis businesses to implement respiratory protection programs. This is a trend we expect to see in more states moving forward, making proactive compliance essential for long-term success.

Beyond federal and state regulations, local governments may also impose additional safety requirements. Business owners must stay informed about these varying regulations to ensure compliance at every level. Conducting routine internal audits and consulting with safety professionals can help businesses navigate these complex regulatory landscapes.

Colorado’s Regional Emphasis Program

In response to growing safety concerns, the Englewood and Denver OSHA offices have launched a Local Emphasis Program (LEP) specifically targeting cannabis industry workers. This program aims to:

• Conduct inspections of cannabis processing, manufacturing, and cultivation facilities.
• Encourage proactive hazard management.
• Ensure compliance with OSHA regulations.
• Reduce workplace injuries, illnesses, and fatalities.

As part of this initiative, OSHA will conduct outreach efforts, including training sessions and electronic information sharing. Additionally, inspections will focus on evaluating working conditions, reviewing records, and ensuring that safety programs are in place.

While participation in the LEP is free, businesses found in violation of OSHA standards must correct their issues. Failure to do so can result in additional regulatory scrutiny and costly fines. Before engaging with the LEP, cannabis businesses should consider a compliance audit with Allay Consulting to identify and mitigate potential safety concerns.

The Consequences of Non-Compliance

OSHA enforces workplace safety through strict regulations and substantial financial penalties. The maximum fine for a willful or repeated violation is a staggering $136,532 per violation. But the consequences go beyond just monetary losses. Non-compliance can also lead to:

• Criminal charges and potential jail time for extreme violations.
• Business disruptions and operational downtime.
• Reputational damage within the industry and among employees.

Additionally, unsafe workplaces can lead to increased employee turnover, lower productivity, and reduced morale. A strong safety culture fosters trust and engagement among workers, ultimately contributing to a more stable and profitable business.

Common Safety Violations in Cannabis Facilities

Unannounced OSHA inspections are common, often triggered by workplace injuries, illnesses, or employee complaints. By reviewing past violations at cannabis facilities, businesses can better prepare for compliance inspections. The most frequently cited workplace safety issues include:

• Electrical safety hazards
• Respiratory protection violations
• Hazard communication failures
• Lack of proper training records
• Failure to conduct workplace hazard assessments
• Flammable vapor risks
• Inadequate lockout/tagout procedures
• Missing fall protection systems
• Improper use and storage of personal protective equipment (PPE)
• Fire extinguisher safety violations
• Machine guarding failures
• Lack of emergency response planning

While OSHA has already imposed significant fines on cannabis businesses, the real concern is preventing workplace injuries and fatalities. Increasing awareness of OSHA requirements and regulatory oversight will help shift the mindset from compliance as an obstacle to safety as a necessity.

How Employers Can Ensure a Safe Workplace

Creating a safe working environment requires more than just reacting to OSHA inspections—it demands a proactive approach to workplace safety. Here are some essential steps cannabis businesses should take:

1. Hire Workplace Safety Professionals

Many employers lack the expertise to identify and mitigate workplace hazards effectively. Partnering with a safety consultant, such as Allay Consulting, provides a baseline assessment of workplace risks and ensures compliance before OSHA gets involved. Safety professionals can identify gaps in workplace safety, recommend improvements, and help prevent injuries, illnesses, and costly fines.

2. Develop and Implement a Health & Safety Program

Once hazards are identified, businesses must create a structured Health & Safety Program tailored to their operations. These programs typically include:

• Management leadership expectations
• Employee participation in safety efforts
• Hazard identification and mitigation strategies
• OSHA-required safety programs, such as:
  • Emergency Action Plans
  • Hazard Communication Plans
  • Fire Prevention Plans
  • Respiratory Protection Plans
  • PPE Policies

3. Conduct Hazard Assessments

A strong safety program is proactive. Regular hazard identification assessments help businesses evaluate risks before incidents occur. By breaking down job tasks, identifying potential hazards, and implementing appropriate safety measures, companies can significantly reduce workplace risks.

4. Foster a Safety-First Culture

Workplace safety should be embedded in company culture. Encouraging employees to report safety concerns, validating those concerns, and implementing department-wide safety walkthroughs can create a more engaged and safety-conscious workforce. Businesses should hold regular safety meetings, conduct drills, and provide incentives for employees who proactively address workplace hazards.

5. Invest in Employee Training

Employers must provide proper worker safety training—it’s not just best practice; it’s the law. OSHA mandates that businesses train employees on workplace hazards, including chemical handling, respirator use, solvent transfers, and other high-risk tasks. Unfortunately, many cannabis businesses have received OSHA citations due to inadequate training programs. Investing in proper education can prevent violations and, more importantly, protect workers from harm.

6. Stay Updated on Evolving Regulations

The regulatory landscape for the cannabis industry is constantly changing. Business owners should stay informed on updates to OSHA regulations, local safety requirements, and industry best practices. Attending industry events, subscribing to compliance newsletters, and working with consulting firms can help businesses maintain compliance.

Take Action: Compliance Is Key to Success

Ensuring workplace safety is not just about avoiding fines—it’s about protecting employees, maintaining business continuity, and fostering a culture of responsibility. By taking proactive steps today, cannabis businesses can avoid costly penalties, improve operational efficiency, and demonstrate a commitment to worker safety.

For additional insights, check out Vicente Sederberg’s webinar featuring Kelsey Hanley-Kollar from Allay Consulting: OSHA Compliance in the Cannabis Industry.

About the Author

Kim Anzarut, CQA, CP-FS is the CEO and founder of Allay Consulting. Direct correspondence to: kim.anzarut@allayconsulting.com.