What is the Occupational Safety and Health Act?

The Occupational Safety and Health Act was enacted in 1970 in order to establish specific health and safety guidelines in the workplace. Under this law, workers are protected from working in unsanitary or unsafe environments without proper equipment and protection. Understanding this law is important for establishing and maintaining important health standards for all workers.

History and Passage of the Occupational Safety and Health Act of 1970

The Occupational Safety and Health (OSH) Act was passed in 1970 by Congress under President Nixon. This act built upon previous acts and regulations that had been built up over the past century, solidifying a formal and universal code for safety and health standards.

Hazardous workplace environments had been a problem since the 19th century, post-Civil War. After the war, many industrial factories began popping up. These factories required the use of dangerous machines and equipment. This equipment combined with the many children workers that were being used at the time led to numerous injurious and sometimes fatal incidents.

During the Progressive Era, wide-circulation newspapers became more common. This allowed for stories of mining and factory incidents to draw more attention, creating the pressure for reform. Mines received new safety measures under the creation of the U.S. Bureau of Mines in 1910.

Over the course of the next several decades, more attention would be drawn to insufficient working conditions. This lead to reforms typically geared toward those sectors being specifically addressed.

Over time, there were also several measures enacted meant to protect workers and assure them coverage in the unfortunate event of an incident. These measures include the start of worker’s compensation as well as the enactment of labor standards with federal intervention.

In 1968, President Johnson proposed a bill almost identical to the Occupational Safety and Health Act of 1970. This bill failed, however, and never made it to a vote in Congress. Just two years later, the OSH Act would be passed under Nixon, implementing standards and regulations for work places to follow and impacting millions of workers.

Coverage under the OSH Act

Who is Covered

The Occupational Safety and Health Act covers most employers and employees within the private sector. This act pertains to those in the 50 states, as well as the District of Columbia, Puerto Rico, and other U.S. territories.

States may make their own programs under the Occupational Safety and Health Administration (OSHA), provided they follow the federal guidelines. The federal program does not cover those that work within the public sector unless the individual state has specifically created a program for them. The federal OSHA may still conduct inspections, however.

The U.S. Postal Service is an exception to this, treated under the OSH Act like a part of the private sector.

Who isn’t Covered

The OSH Act does not cover those persons who may be defined as self-employed. The act also doesn’t cover farms in which only immediate family members work on it.

As mentioned above, workers for the state and local governments (and therefore in the public sector), are not covered under the guidelines of this act unless there is a specific state program in place. Other workers who work under federal agencies are instead regulated by federal laws. These include working situations in mining, nuclear plants, and parts of the transportation industries.

Main Provisions of the OSH Act

The Occupational Safety and Health Act’s main purpose is to establish national standards for maintaining safe and sanitary work environments and then to enforce them. The Occupational Safety and Health Administration (OSHA) encourages for individual states to further develop statewide programs and standards.

Standards of Safety

In general, the safety standards in place under the OSH Act refer to providing a working environment that is free of exposure to toxic chemicals or materials, mechanical dangers, extreme temperatures, unsanitary circumstances, or other likewise hazardous conditions.

Sets of standards tend to be lumped into four different categories: agricultural, maritime, general industry, and construction. Across these categories, however, are certain groupings of standards that are maintained in much the same way across groupings:

• Protective Equipment: This refers to protective equipment that is used for the personal protection of individual workers. All equipment that is necessary for the safe conduct of workers against hazards must be provided free of charge. Additionally, workers must be provided free training on use of the equipment.
• Medical and Exposure Records Access: This pertains to the right for employees or their representatives to view medical records relevant to the OSHA. It also details the rights of employees to view their specific records, including any exposure to toxic substances.
• Communication about Hazards: This is particularly important for workers or companies who frequently work with hazardous materials. Companies must test for hazardous materials and clearly label products as hazardous if they contain any. Employees must also be appropriately equipped and trained to properly handle hazardous materials.

Conducting Investigations

In order to ensure that the standards of the Occupational Safety and Health Act are being maintained, the OSHA conducts regular investigations across different companies and sectors. They will also make an investigation after being prompted by employee complaint or filing.

Employee Rights

Employees are granted numerous rights under the Occupational Safety and Health Act. If a transgression has occurred, an employee may report it to the OSHA for investigation and have their identity remain obscured for as long as practical. Employees may also contest the time a company takes to correct a violation, and they may participate in the OSHA inspections.

Employees who file a complaint against a company through the OSHA are protected from retaliation from the company. If the OSHA finds a legal suit necessary, the employee will not be responsible for paying legal fees.

All complaints filed by an employee or other must be within 30 days of the incident in order for an official investigation to be conducted.

Communication and Records

All companies that fall under the jurisdiction of the OSHA must display important posters and notices that provide information on workplace safety and legal rights. They may also be required to post additional information dependent upon state requirements.

Most employers must also keep detailed records on work-related illnesses and injuries that may be reviewed at any time. Any injury that results in death, amputation, days unable to work, impaired working or job transfer, or a loss of consciousness must be recorded and reported to the OSHA. Other incidents that must be recorded include infection caused by needle or scratch and their variants.

The development of cancer or loss in hearing as determined by a physician must also be recorded.

A business is not required to keep these records if it has fewer than 10 employees or is part of an industry that is designated as low-hazard. These low-hazard industries include retail, eating and drinking establishments, business/finance/real estate, and service industries.

Penalties for Violating the Occupational Safety and Health Act

Investigations may be conducted for a company by OSHA without warning based on a recent catastrophe, employee complaint, general surprise inspections, and targeted inspections. If violations are found, a series of fines are applicable depending on the severity.

If a violation is found to be “de minimis,” it does not relate directly to worker safety and health. No fines are implemented for this type of violation, but the matter could escalate if it is found to later be a repeated violation.

The next two classes of violation are non-serious and serious violations that relate directly to the health and safety of a workplace. Fines of up to $7,000 may be applicable to both, though a fine of this measure is less likely in the case of a non-serious violation. In the case of a serious violation, the $7,000 fine may be instituted for each individual violation found.

The worst type of these basic violations is that of a willful violation, in which employers and companies knowingly and willfully violate safety and health regulations that have or may result in a hazardous situation. Fines for this type of violation may go up to $70,000.

Similar fines may be applicable in the case of a repeat violation or a failure to rectify a violation.

Other fees and standards may apply dependent on state-instituted programs as approved by OSHA.

Compliance Assistance

When it comes to maintaining health and safety, there are a lot of things that you might not even think about initially. That’s part of why the Occupational Safety and Health Act is in place—not just to ensure the proper maintenance of safe workplaces, but also to define and establish what it means for a workplace to be safe and sanitary in the first place.

It can be hard to keep track of everything that goes in to creating this type of workspace but the OSHA provides a variety of resources to help businesses both large and small comply with health and safety standards. These aids include informational packets available online as well as a variety of trainings for both employers and employees.

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