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OSH Act

INSY 3020/7976Spring 2008

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OSHAct

Occupational Safety and Health Act. President Richard M. Nixon signed this bill

into law on December 29, 1970, as Public Law No. 91-596 (29 USC 651-678).

The OSHAct, also called the Williams-Steiger Act, took effect on April 28, 1971.

Congress declared that the purpose of this legislation was: “…To assure so far as possible every working

man and woman in the nation safe and healthful working conditions and preserve our human resources.”

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OSHAct

The Occupational Safety and Health Act (OSHAct) of 1970, and the establishment of its overseeing agency, the Occupational Safety and Health Administration (OSHA) represent the most significant legislation governing workplace health and safety.

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Occupational Safety and Health Act of 1970

Also called as the Williams-Steiger ActPublic Law 91-596Signed Dec 29, 1970 by President NixonEffective April 28, 1971Abbreviated as OSH Act of 1970

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OSH Act 1970

The intent of the Act is:“…to assure so far as possible every

working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.”

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OSH Act of 1970

Created the Occupational Safety and Health Administration (OSHA) within the Department of Labor (DOL) to enforce the OSH Act.

Provides duties and responsibilities to which the employer or employee must comply.

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Who is governed under the OSHAct?

Organizations with one or more employees. However, if there are ten or fewer employees, the company is exempt from inspections and record keeping requirements.

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The Act’s Coverage

All employers and employees in the 50 states, District of Columbia, Puerto Rico, and all other territories under the Federal Government JurisdictionEmployer- any “person engaged in a business affecting commerce who has employees, but does not include the United States (except for the U.S. Postal Service) or any State or Political Subdivision of a State.”

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OSH Act Does Not Cover

Employees of the United States (except for the U.S. Postal Service) or any State or political subdivision of a StateOperations where a Federal Agency other than Department of Labor already has authority to prescribe or enforce safety and health standards or regulations.

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OSH Act Does Not Cover

Operators and miners covered by the U.S. Mine Safety and Health Act of 1977Churches and religious organizationsEmployees performing domestic household tasks in a residenceAny person engaged in agriculture who is a member of the farmer’s immediate family

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General Duty Clause – Section 5(a)(1)

“Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”

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OSHA Standards

Published in the Code of Federal Regulations, commonly called the CFR. The CFR is divided into Titles, chapters and PartsThe Occupational Safety and Health Administration is designated as Title 29

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OSHA Standards by Industry

General Industry: 29 CFR 1910Construction: 29 CFR 1926Maritime: 29 CFR 1915-1919Agriculture: 29 CFR 1928

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Responsibility for OSHActOccupational Safety and Health Administration (OSHA).Assigned to the Department of Labor (DOL). Its authority includes:

The promulgation, modification and revocation of safety and health standards.

Conducting inspections and investigations and issuing citations.

Requiring employers to keep records of safety and health data.

Petitioning the courts to issue restraining orders for imminent danger situations.

Approving or rejecting state plans for OSH programs.

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OSHA has established 10 regional offices to assist in carrying out its responsibilities. They are located in Boston, New York, Philadelphia, Atlanta, Chicago, Dallas, Kansas City, Denver, San Francisco and Seattle.

In each regional office the regional administrator have the responsibility to supervise, coordinate, evaluate and execute all OSHA Programs in the region.

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Occupational Safety and Health Review Commission (OSHRC).

The OSHRC is a quasi-judicial board of three members appointed by the President and confirmed by the Senate. It is an independent agency of the Executive Branch.

The sole function of OSHRC is to review and rule on contested cases. OSHRC may:

Affirm. Modify. Vacate OSHA’s findings.

Two levels of adjudication within the OSHRC. Administrative law judges. The three-member commission has the final authority.

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NIOSH The National Institute of Occupational Safety

and Health (NIOSH). Assigned to the Department of Health and Human

Services (DHHS) under the CDC in Atlanta. Primary role is to conduct occupational safety- and

health-related research, education and training. NIOSH performs three primary functions:

(1) Develop and establish recommended occupational safety and health standards.

(2) Conduct research experiments and demonstrations related to occupational safety and health.

(3) Develop educational programs to provide an adequate supply of qualified personnel to carry out the purposes of the OSHAct.

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Bureau of Labor Statistics (BLS).

Assigned to the Department of Labor (DOL).

Conducts surveys and compiles occupational injury and illness data.

Published reports on injury and illness experience in industry.

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Advisory Committees

The National Advisory Committee on Occupational Safety and Health (NACOSH).

Twelve members. Advises the Secretaries of DOL and HHS on

the administration of the Act.

Standards Advisory Committees. Fifteen members. Assist OSHA in the development of standards.

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OSHA’s Mission

Encourage employers and employees to reduce workplace hazards.Implement new health and safety programs.Improve existing health and safety programs.Encourage research that will lead to innovative ways of dealing with workplace health and safety programs.Establish the rights of employers & employees regarding the improvements of workplace health and safety.

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OSHA’s Mission Monitor job-related illnesses and

injuries through a system of reporting and record keeping.

Establish training programs to increase the number of health and safety professionals and to continually improve their competence.

Establish mandatory workplace health and safety standards and enforce those standards.

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OSHA’s Mission

Provide for the development and approval of state-level workplace health and safety programs.

Monitor, analyze, and evaluate state-level health and safety programs.

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Variances from Standards

Under certain circumstances an employer may request a variance (deviation) from a particular standard.There are two types of variances - permanent and temporary.

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Reasons for applying for/and the granting of variances include: The employer is already providing the same

level or a higher level of protection to employees than that provided by the standard. Under these circumstances the employer can apply for a permanent variance.

The employer cannot meet the standard due to lack of personnel, equipment, or time to construct or alter facilities. Under these circumstances the employer may apply for a temporary variance. In the application, the employer must state what is being done to protect workers from the specific hazard and how and when the employer expects to be able to come into compliance.

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Health and Safety Professionals should: Make sure that a policy and

corresponding rules and regulations are in place.

Keep employees informed about rules and regulations.

Encourage proper enforcement practices

Ensure that employees get the education and training they need to perform their jobs safely.

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Questions & Comments

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