The OSH Act

1. The OSH Act & History

2. The Need for Legislation • Workplace injuries and illnesses increasing throughout the 1960’s • Need for more comprehensive and uniform protection of nation’s workers is evident • Size of national workforce increasing, more than 90 million Americans spending their days on the job • Congressional hearings on worker safety are held

3. The Need for Legislation • In 1970, Congress considered these figures: • 14,000 worker deaths • 2.5 million workers disabled • 300,000 new occupational disease cases

4. The Need for Legislation • On December 29th 1970, President Nixon signs the Occupational Safety and Health Act

5. Public Law 91-596 • The OSHA Act is known by several names • The OSH Act is comprised of 34 Sections Occupational Safety & Health Act of 1970 OSH Act

6. An Act • ". . . 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."

7. Section 2 - OSHA’S Purpose • Reduce workplace hazards; • Implement new or improve existing safety and health programs; • Provide for research in solving occupational safety and health problems

8. Section 2 - OSHA’S Purpose • Establish employer and employee responsibilities for safety and health conditions. • Build on employer/employee safety and health initiatives. • Focus on occupational health to prevent diseases occurring in the work environment.

9. Section 2 - OSHA’S Purpose • Establish training programs to increase the number and competence of occupational safety and health personnel; • Develop mandatory job safety and health standards and enforce them effectively; • Develop recordkeeping and reporting requirements;

10. Section 2 - OSHA’S Purpose • Provide for the development, analysis, evaluation and approval of state occupational safety and health programs.

11. Section 3 - Definitions • As defined by the Act, an employer is any "person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State."

12. Section 4 - The Act’s Coverage • Coverage of the Act extends to all 50 states, and the District of Columbia • Includes all territories under Federal jurisdiction • Coverage provided either directly by federal OSHA or through an OSHA-approved state program. • Replaces some previously established federal laws.

13. Manufacturing Construction Longshoring Agriculture Section 4 - The Act’s Coverage

14. NotCovered • Self-employed persons (i.e. : homeowners); • Farms on which only immediate members of the farm employer's family are employed; • Working conditions regulated by other federal agencies under other federal statutes. * * If they have safety and health rules and execute authority over their rules

15. Federal Agency Coverage-Examples • Federal Railroad Administration (FRA): • OSHA covers facilities • FRA covers tracks, trains, etc.. • Federal Aviation Administration (FAA): • OHSA covers to the tarmac • FAA covers past the tarmac

16. Section 5 - Duties • (a) Each employer - • (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are likely to cause death or serious physical harm to his employees • (2) shall comply with occupational safety and health standards promulgated under this Act. • { Where OSHA has not passed specific standards, employers are responsible for following the Act’s general duty clause }

17. Section 5 - Duties • (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to the Act which are applicable to his own actions and conduct.

18. Provisions for Federal Employees • Federal agency heads responsible for providing safe and healthful working conditions for their employees. • Act requires agencies to comply with standards consistent with those OSHA issues.

19. Provisions for Federal Employees • No OSHA $$$ penalties levied against another federal agency for failure to comply with OSHA standards (Exception: U.S. Postal Service; enacted 1998). • Compliance issues at federal agencies are resolved internally to that agency • Federal agency safety responsibilities are described in Section 19 of the Act.

20. Provisions for State & Local Governments • OSHA provisions do not apply to state and local governments • States desiring to gain OSHA approval for a private sector occupational safety and health program must provide a program that also covers state and local government workers.

21. State Plan States: AK, AZ, CA, CT, HI, IN, IA, KY, MD, MI, MN, NV, NJ, NM, NY, NC, OR, PR, SC, TN, UT, VT, VI, VA, WA, WY

22. Provisions for State & Local Governments • State plans may also cover only public sector employees (city, municipal, state) • Twenty-three states and territories operate plans covering both the public and private sectors and three states - Connecticut, New Jersey, and New York - operate public employee only plans. CT NY NJ

23. New Mexico • *New York • North Carolina • Oregon • Puerto Rico • South Carolina • Tennessee • Utah • Vermont • Virgin Islands • Virginia • Washington • Wyoming • Alaska • Arizona • California • *Connecticut • Hawaii • Indiana • Iowa • Kentucky • Maryland • Michigan • Minnesota • Nevada • *New Jersey State Plan States * State plan coverage NOTE: The Connecticut, New Jersey and New York plans cover public sector (State & local government) employment only.

24. Section 6 - Occupational Safety and Health Standards • Secretary of Labor, for first two years after Act’s promulgation, enact any standard which will result in improved employee safety and health • It is the responsibility of the employer to become familiar with standards that apply to their establishments

25. Section 6 - Occupational Safety and Health Standards • (6)(a) OSHA given authority to promulgate start-up standards without rulemaking • (6)(b) Rulemaking procedure • (6)(c) Emergency temporary standards • (6)(d) Variances

26. Section 7 - Advisory Committees; Administration • 7(a)(1) Establishes National Advisory Committee on Occupational Safety and Health • “The Committee shall advise, consult with, and make recommendations to the Secretary…” • NACOSH meets at least twice per year

27. Section 8 - Inspections, Investigations & Recordkeeping • 8(a) OSHA representatives are authorized to: (1) enter without delay (2) inspect during regular working hours and at reasonable times and to question privately employers and employees • 8(b) OSHA has subpoena power • 8(c) OSHA requires recordkeeping • 8(f) Employees right of complaint

28. Section 9 - Citations • 9(a) If an employer violates Section 5 of Act or any standard, rule or order related to Section 6, a citation may be issued. Each citation will: • Be in writing • Describe the particular violation • Set a reasonable abatement period • 9(b) Posting of citations • 9(c) Time limit - 6 months to issue citation

29. Section 10 - Enforcement • 10(a) Employers right of contest; Citations can be contested up to the Safety and Health Review Commission, an independent quasi-judicial branch of the Department of Labor • 10(c) Employee’s right of contest of abatement dates

30. Section 11 - Judicial Review • 11(a) Appeals & review of Commission order • 11(c) Prohibits discrimination against employees filing complaints under OSHA, or for disclosing safety and health issues concerning the workplace

31. Section 12 - Occupational Safety & Health Review Commission • Establishes membership and terms of Review Commission (OSHRC) • OSHRC acts independently of OSHA • http://www.oshrc.gov

32. Section 13 - Procedures to Counteract Imminent Dangers • Allows OSHA to petition for (obtain) a restraining order in cases of Imminent Danger. • U.S. District Court Issues • Area Director requests through Solicitor of Labor • OSHA will: • Advise employer of imminent danger • Advise employees of rights • Petition District Court for relief

33. Section 17 - Penalties • Penalties were increased in 1990 • Willful & repeated violations to a maximum of $ 70,000 • Minimum $ 5,000 willful • Serious & other than serious to $ 7,000 • Failure to abate to a maximum of $ 7,000 for each day violation continues(up to 30 day max.)

34. Section 18 - State Plans • Rules to provide for States to assume responsibility for the development and enforcement of occupational safety and health in their own state

35. Section 18 - State Plans • Any State which, at any time, desires to assume responsibility for development and enforcement therein of occupational safety and health standards relating to any occupational safety or health issue with respect to which a Federal standard has been promulgated under section 6 shall submit a State plan for the development of such standards and their enforcement

36. Section 18 - State Plans • Approved state plans can receive funding up to 90% of budget • Penalty proceeds collected via state programs remain in that state

37. Section 19* - Federal Agency Safety & Health Programs & Responsibilities • Federal agencies (exception: Post Office) are required to establish their own safety and health programs consistent with OSHA. • Require the use of safety equipment & PPE as necessary to protect employees • Keep accident and illness records • Establish rules consistent with OSHA *Executive Order 12196 further defines the responsibilities of Federal Agencies.

38. Research and Related Activities Section 20 • Most OSHA research is carried out by the National Institute for Occupational Safety and Health (NIOSH), under the Department of Health and Human Services (HHS) • The Secretary of HHS confers with the Secretary of Labor and then conducts research on occupational safety and health problems

39. Training and Employee Education Section 21 • Training and education responsibilities are shared by the Department of Labor (DOL) and HHS • Training is authorized directly or through grants

40. National Institute for Occupational Safety and Health - Section 22 • Establishes NIOSH as a part of HHS

41. Statistics - Section 24 • DOL is authorized to collect and analyze statistics of occupational fatalities, injuries, and illnesses. • Data is collected and compiled by the Bureau of Labor Statistics (BLS).

42. NCSWCL - Section 27 • To ensure adequate worker protection in the event of disabling work-related injuries and illnesses, the Act provides for the establishment of the National Commission on State Workman’s Compensation Laws

43. Historic Progress in Worker Protection • A total of 5,915 fatal work injuries were recorded in 2000, • A decline of about 58% percent from 1970, according to the Census of Fatal Occupational Injuries, conducted by the Bureau of Labor Statistics, U.S. Department of Labor.

44. The End