6.1 Occupational Safety and Health Act (OSHA)
10 min read•august 20, 2024
The () is a crucial federal law that protects workers' safety and health. It sets standards for workplace conditions, requires employers to provide safe environments, and gives employees the right to report hazards without fear of retaliation.
OSHA covers most private sector employers and workers in all 50 states. It establishes employer responsibilities, employee rights, and enforcement mechanisms. The Act also outlines recordkeeping requirements, training obligations, and whistleblower protections to ensure comprehensive workplace safety.
Occupational Safety and Health Act overview
- The Occupational Safety and Health Act (OSHA) is a federal law that sets and enforces standards to ensure safe and healthful working conditions for employees
- OSHA covers most private sector employers and their workers, as well as some public sector employers and workers in the 50 states and certain territories under federal authority
- The Act establishes the within the Department of Labor to administer and enforce the law
OSHA's purpose and scope
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- Ensure safe and healthful working conditions for employees by setting and enforcing standards and providing training, outreach, education and assistance
- Covers most private sector employers and their workers in all 50 states, the District of Columbia, and other U.S. jurisdictions either directly through Federal OSHA or through an OSHA-approved state plan
- Applies to most employment in the private sector, with some exceptions such as self-employed workers, family members of farm employers, and workers in industries regulated by other federal agencies
Employer responsibilities under OSHA
- Provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm to employees
- Comply with and regulations applicable to their workplace
- Ensure employees have and use safe tools and equipment and properly maintain this equipment
- Provide safety training to employees in a language and vocabulary they can understand
- Keep accurate records of work-related injuries and illnesses
Employee rights under OSHA
- Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace in a language they understand
- Review records of work-related injuries and illnesses
- File a complaint asking OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHA's rules
- Exercise their rights under the law without retaliation or discrimination
OSHA standards and regulations
- OSHA standards are rules that describe the methods employers must use to protect their employees from hazards
- Standards limit the amount of hazardous chemicals workers can be exposed to, require the use of certain safe practices and equipment, and require employers to monitor hazards and maintain records of workplace injuries and illnesses
- OSHA standards cover a wide range of workplace hazards, including toxic substances, electrical hazards, fall hazards, hazardous waste, machine hazards, infectious diseases, fire and explosion hazards, dangerous atmospheres, and confined spaces
Types of OSHA standards
- General industry standards (29 CFR 1910) apply to most workplaces
- Construction standards (29 CFR 1926) apply to construction sites
- Maritime standards (29 CFR 1915-1919) apply to shipyards, marine terminals, and longshoring
- Agriculture standards (29 CFR 1928) cover agricultural operations
Process for developing standards
- OSHA can begin standards-setting procedures on its own initiative or in response to petitions from other parties, including the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health (NIOSH), state and local governments, employer or labor representatives, or any other interested person
- The process involves input from industry and labor representatives, and the standards are based on research, data, and stakeholder feedback
- Proposed standards are published in the Federal Register to allow for public comment before being finalized
General industry vs construction standards
- General industry standards apply to most workplaces not covered by specific industry standards
- Construction standards are more stringent due to the inherently hazardous nature of construction work
- Employers engaged in construction work must comply with both the general industry and construction standards as applicable to their work sites and operations
OSHA enforcement and compliance
- OSHA enforces its standards and regulations through , investigations, citations, and
- (CSHOs) conduct inspections without advance notice, though employers have the right to require compliance officers to obtain an inspection warrant before entering the worksite
- Inspections are prioritized based on the severity of the hazard, with imminent danger situations given top priority, followed by fatalities and catastrophes, worker complaints, referrals, and targeted inspections
OSHA inspections and investigations
- OSHA conducts inspections without advance notice, except in rare circumstances (imminent danger, inspection would be more thorough after regular working hours)
- Inspections can be triggered by worker complaints, referrals from other agencies, targeted industry initiatives, or as follow-ups to previous inspections
- On-site inspections include an opening conference, walk-through of the workplace, employee interviews, and a closing conference to discuss findings
Citations and penalties for violations
- When OSHA finds violations of standards or serious hazards, it may issue citations and fines
- Citations describe OSHA requirements allegedly violated, list any proposed penalties, and give a deadline for correcting the alleged hazards
- Violations are categorized as willful, serious, other-than-serious, de minimis, failure to abate, or repeated
- Penalty amounts depend on the severity of the violation, the employer's size, good faith, and history of previous violations
Contesting OSHA citations
- Employers have the right to contest any part of the citation, including the amount of time given to correct the violation, the penalty amount, or the violation itself
- Employees only have the right to challenge the deadline for correcting hazards
- Appeals must be made in writing within 15 working days of receiving the citation
- The first step in contesting a citation is an informal conference with the OSHA area director, which can lead to settlement agreements or proceed to formal hearings before an administrative law judge
Recordkeeping requirements
- OSHA requires covered employers to prepare and maintain records of work-related injuries and illnesses
- Employers with more than 10 employees and whose establishments are not classified as a partially exempt industry must record serious work-related injuries and illnesses using , 300A, and 301
- Records must be maintained at the worksite for at least five years, with the exception of the OSHA 300A form, which must be posted annually from February 1 to April 30
Reporting and recordkeeping obligations
- OSHA's reporting and recordkeeping requirements are designed to help employers and employees identify and eliminate hazardous conditions in the workplace
- Accurate records allow OSHA to compile national statistics on workplace injuries and illnesses, which inform the development of standards and enforcement priorities
- Recordkeeping also helps employers evaluate the effectiveness of their safety and health programs and identify areas for improvement
Reporting work-related injuries and illnesses
- Employers must report any worker fatality to OSHA within 8 hours
- Employers must report any amputation, loss of an eye, or hospitalization of a worker within 24 hours
- All work-related injuries and illnesses that meet OSHA's recordkeeping criteria must be recorded on the appropriate forms within 7 calendar days of receiving information about the incident
OSHA Forms 300, 300A, and 301
- Form 300 (Log of Work-Related Injuries and Illnesses) is used to classify work-related injuries and illnesses and to note the severity of each case
- Form 300A (Summary of Work-Related Injuries and Illnesses) shows the total number of work-related injuries and illnesses for the year in each category, and must be posted annually from February 1 to April 30
- Form 301 (Injury and Illness Incident Report) provides additional details about each work-related injury or illness recorded on Form 300
Access to employee medical records
- Employers must provide employees, their designated representatives, and OSHA with access to employee medical and exposure records
- Access to these records helps ensure that employers and employees can evaluate health hazards in the workplace and take appropriate preventive measures
- OSHA standards on access to employee medical and exposure records (29 CFR 1910.1020) detail the procedures for handling confidential medical information and the rights of employees, their representatives, and OSHA to access these records
Employee safety training and education
- OSHA standards require employers to provide training to workers who face hazards on the job
- Training requirements vary by industry, but most require employers to ensure that workers know about the hazards they may encounter, how to recognize them, and how to protect themselves
- Effective training and education programs are essential for preventing workplace injuries, illnesses, and fatalities
Employer-provided training requirements
- Employers must provide training to workers in a language and vocabulary they can understand
- Training must be provided at no cost to the employee and during working hours
- Required training topics may include hazard recognition, safe work practices, emergency procedures, and the proper use of
- Employers must provide refresher training as needed to ensure that workers maintain their understanding of the safety and health hazards they may face
OSHA outreach and education programs
- OSHA provides a variety of training and education programs to help employers and workers understand and comply with safety and health standards
- The OSHA Training Institute (OTI) Education Centers offer courses on OSHA standards and occupational safety and health topics
- OSHA's Outreach Training Program provides 10-hour and 30-hour training courses for workers in construction, general industry, maritime, and disaster site work
- The (VPP) recognize employers and workers who have implemented effective safety and health management systems and maintain injury and illness rates below the national average for their industries
Hazard communication and right-to-know
- OSHA's (HCS) requires employers to provide information to workers about the hazardous chemicals they may be exposed to in the workplace
- Employers must develop and implement a written program, provide safety data sheets (SDSs) for each hazardous chemical, ensure that containers are properly labeled, and train workers on the hazards and protective measures
- The HCS is designed to ensure that workers have the right to know about the hazards they face and how to protect themselves
Whistleblower protection under OSHA
- OSHA's Whistleblower Protection Program enforces the whistleblower provisions of more than 20 federal statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws
- These laws protect workers who report injuries, safety concerns, or other protected activity from retaliation by their employers, such as firing, demotion, or reduction in pay or hours
Prohibited retaliation against employees
- Employers are prohibited from retaliating against employees who exercise their rights under OSHA, including filing a safety or health complaint, reporting a work-related injury or illness, or requesting an OSHA inspection
- Retaliation can include firing, demotion, harassment, reduction in pay or hours, or any other adverse action taken against an employee for engaging in protected activity
- OSHA's Whistleblower Protection Program investigates complaints of retaliation and can order remedies such as reinstatement, back pay, and compensatory damages
Filing whistleblower complaints
- Employees who believe they have been retaliated against for exercising their rights under OSHA can file a complaint with OSHA's Whistleblower Protection Program
- Complaints must be filed within 30 days of the alleged retaliation, except for complaints under the Seaman's Protection Act, which allows 180 days
- OSHA will investigate the complaint and, if it finds merit, will issue an order requiring the employer to take corrective action
Remedies for OSHA whistleblowers
- If OSHA determines that an employer has retaliated against a whistleblower, it can order the employer to reinstate the employee, pay back wages, restore benefits, and pay compensatory damages, attorney's fees, and other relief
- In cases where OSHA does not issue a final decision within certain timeframes, the whistleblower may file a complaint in federal district court seeking a jury trial
- Employees who prevail in a whistleblower complaint are entitled to reinstatement with the same seniority status, back pay with interest, and compensation for any special damages, including litigation costs, expert witness fees, and reasonable attorney fees
Interplay between OSHA and state laws
- OSHA encourages states to develop and operate their own job safety and health programs, known as State Plans
- State Plans must be approved and monitored by OSHA to ensure they are at least as effective as the federal program
- Once a State Plan is approved, it operates in place of the federal OSHA program in that state
Federal OSHA vs state-plan states
- States can choose to operate their own occupational safety and health programs, known as State Plans
- State Plans must cover both private and public sector workers and be at least as effective as the federal OSHA program
- Currently, there are 22 states and jurisdictions operating complete State Plans covering both the private sector and state and local government employees, and there are six State Plans covering only state and local government employees
Preemption of state laws by OSHA
- The OSH Act generally preempts state laws and regulations relating to occupational safety and health issues that are addressed by federal OSHA standards
- However, states are permitted to regulate occupational safety and health issues for which no federal standard exists, or to enact standards that are more stringent than the corresponding federal standard
- In State Plan states, the State Plan preempts federal OSHA standards and enforcement for most private sector workplaces
Coordination between federal and state agencies
- In states with OSHA-approved State Plans, the state agencies work in tandem with federal OSHA to enforce workplace safety and health standards
- Federal OSHA provides funding, oversight, and technical support to State Plans, but the day-to-day enforcement is carried out by the state agencies
- State Plans must provide worker protection that is at least as effective as that provided under the federal program, and they are subject to annual evaluations by federal OSHA to ensure they are meeting this requirement
Key Terms to Review (26)
Chemical exposure: Chemical exposure refers to the contact that individuals may have with hazardous substances, which can occur through inhalation, skin absorption, or ingestion. Understanding chemical exposure is crucial in assessing workplace safety and health risks, as it can lead to acute or chronic health issues, depending on the nature and duration of the exposure.
Compliance Safety and Health Officers: Compliance Safety and Health Officers (CSHOs) are professionals employed by the Occupational Safety and Health Administration (OSHA) whose primary responsibility is to enforce safety and health regulations in the workplace. They conduct inspections, investigate complaints, and ensure that employers comply with OSHA standards, promoting safe working environments for employees across various industries.
Employee reporting rights: Employee reporting rights refer to the legal protections and entitlements that allow workers to report violations, unsafe conditions, or illegal activities in the workplace without fear of retaliation. These rights empower employees to voice concerns about occupational safety and health, ensuring that employers comply with safety regulations and fostering a safer work environment for all. By safeguarding these rights, the framework encourages transparency and accountability within organizations.
Ergonomic hazards: Ergonomic hazards are workplace conditions that pose a risk to the musculoskeletal system due to improper workstation design, repetitive motions, or excessive physical stress. These hazards can lead to injuries such as strains, sprains, and chronic pain, impacting employee health and productivity. Recognizing and mitigating ergonomic hazards is essential for creating a safe and efficient working environment.
General duty clause: The general duty clause is a provision in the Occupational Safety and Health Act (OSHA) that requires employers to provide a workplace free from recognized hazards that can cause death or serious physical harm. This clause establishes a broad responsibility for employers to maintain safe working conditions and protect their employees from potential dangers, even if specific standards do not exist for certain hazards.
Hazard communication: Hazard communication is a regulatory framework aimed at ensuring that information about the dangers of hazardous chemicals is effectively communicated to workers and employers. This concept is vital for maintaining safety in the workplace, emphasizing the importance of labeling, safety data sheets, and employee training to recognize and understand chemical hazards.
Hazard Communication Standard: The Hazard Communication Standard (HCS) is a regulation set by OSHA that requires employers to inform and train employees about the hazards associated with chemicals in the workplace. It ensures that both employers and employees understand the dangers of hazardous substances, and provides a framework for communicating this information through labels, safety data sheets, and training programs.
Inspections: Inspections refer to systematic evaluations conducted to assess workplace safety, compliance with regulations, and the overall health conditions of the work environment. These evaluations are essential for ensuring that employers adhere to safety standards established by relevant authorities and are a key component of maintaining a safe workplace for employees.
Negligence: Negligence is a legal concept that refers to the failure to exercise reasonable care, resulting in harm or injury to another person. In the context of workplace safety, negligence can manifest when an employer does not adhere to safety regulations, fails to provide adequate training, or ignores potential hazards that could lead to employee harm. This failure can have serious repercussions, including legal liability and increased workplace accidents.
Occupational Safety and Health Act: The Occupational Safety and Health Act (OSHA) is a federal law enacted in 1970 to ensure safe and healthful working conditions for employees by setting and enforcing standards and providing training, outreach, education, and assistance. OSHA not only empowers employees to report unsafe working conditions without fear of retaliation, but it also lays out employer responsibilities for maintaining a safe workplace, tackling issues like workplace violence prevention, recordkeeping, and employee rights regarding health and safety.
Occupational Safety and Health Administration: The Occupational Safety and Health Administration (OSHA) is a U.S. government agency responsible for ensuring safe and healthy working conditions by setting and enforcing standards. OSHA plays a crucial role in protecting workers' rights to a safe workplace, regulating exposure to hazards, and promoting health and safety training, which is vital for employers to understand their obligations and for employees to be aware of their rights in the workplace.
OSHA: The Occupational Safety and Health Administration (OSHA) is a regulatory agency of the United States Department of Labor responsible for ensuring safe and healthy working conditions for employees. Established under the Occupational Safety and Health Act of 1970, OSHA sets and enforces workplace safety standards, provides training, outreach, education, and assistance to employers and workers. Its mission is crucial in promoting a safe work environment, particularly in the context of workplace violence prevention and broader safety regulations.
OSHA Form 300A: OSHA Form 300A is a summary of work-related injuries and illnesses that occurred in a workplace during a calendar year. This form is part of the Occupational Safety and Health Administration's recordkeeping regulations, specifically designed to provide employers and employees with a clear overview of workplace safety incidents and trends, helping to promote a safer work environment.
OSHA Forms 300: OSHA Forms 300 are the official records used to document workplace injuries and illnesses under the Occupational Safety and Health Act (OSHA). These forms are essential for employers to keep track of work-related incidents, ensuring compliance with safety regulations and helping to identify hazards in the workplace. The information collected through these forms plays a crucial role in maintaining safe working conditions and protecting employee health.
OSHA Forms 301: OSHA Form 301 is a document used by employers to report work-related injuries and illnesses. It serves as a detailed record that helps the Occupational Safety and Health Administration (OSHA) track and analyze workplace incidents, ensuring compliance with safety regulations and promoting a safer work environment.
OSHA Standards: OSHA standards are regulations established by the Occupational Safety and Health Administration (OSHA) to ensure workplace safety and health for employees. These standards cover a wide range of industries and practices, focusing on the prevention of work-related injuries, illnesses, and fatalities. By setting specific guidelines, OSHA aims to create safer working environments through compliance and enforcement of safety measures.
Penalties: Penalties refer to the financial or other consequences imposed by law on employers for non-compliance with safety regulations set forth by the Occupational Safety and Health Administration (OSHA). These penalties serve to deter violations and promote a culture of workplace safety by holding employers accountable for providing a safe work environment. The types of penalties can vary depending on the severity of the violation and can include fines, citations, or even criminal charges in extreme cases.
Personal protective equipment: Personal protective equipment (PPE) refers to specialized gear designed to protect workers from hazards in the workplace, such as physical, chemical, electrical, and biological risks. PPE includes items like helmets, gloves, goggles, and respirators, each aimed at reducing the likelihood of injury or illness. The use of PPE is essential for ensuring safety and compliance with regulations established by health and safety authorities.
Right to a safe workplace: The right to a safe workplace refers to an employee's entitlement to work in an environment that is free from hazards that could cause injury or illness. This principle is rooted in laws and regulations designed to protect workers' health and safety, ensuring they are not exposed to unnecessary risks while performing their job duties. Furthermore, this right emphasizes the obligation of employers to maintain safety standards and address any potential threats in the workplace.
Safety training programs: Safety training programs are structured educational initiatives designed to instruct employees on workplace safety practices and compliance with health regulations. These programs aim to reduce workplace accidents, injuries, and illnesses by providing workers with the knowledge and skills necessary to identify hazards, follow safety protocols, and respond effectively in emergency situations. They are an essential component of maintaining a safe working environment and aligning with federal regulations.
State osh programs: State OSHA programs are individual state-run occupational safety and health programs that operate under the guidelines of the federal Occupational Safety and Health Administration (OSHA). These programs are designed to ensure workplace safety and health at the state level, often providing more stringent regulations than federal standards. Each state program must be at least as effective as the federal OSHA program, and they can enforce their own regulations, conduct inspections, and provide training and outreach to employers and employees.
United States v. McWane, Inc.: United States v. McWane, Inc. is a significant case concerning the Occupational Safety and Health Act (OSHA), addressing the legal responsibilities of employers to provide a safe working environment. The case primarily involved issues related to the citation of safety violations and the standards that must be met for compliance with OSHA regulations. It highlights how federal courts interpret and enforce workplace safety standards established by OSHA, making it a crucial case in understanding employer liability under federal safety laws.
Voluntary Protection Programs: Voluntary Protection Programs (VPP) are initiatives established by OSHA to promote workplace safety and health through cooperative relationships among employers, employees, and OSHA. These programs encourage businesses to adopt effective safety and health management systems that go beyond basic compliance with OSHA regulations, recognizing those that demonstrate excellence in their safety practices.
Wal-Mart Stores, Inc. v. OSHA: Wal-Mart Stores, Inc. v. OSHA is a significant case in which the Supreme Court addressed the authority of the Occupational Safety and Health Administration (OSHA) regarding workplace safety regulations and the responsibilities of employers. This case emphasized the balance between compliance with safety standards and the economic realities faced by businesses, highlighting how regulatory oversight can impact large corporations like Wal-Mart in their operations and safety measures.
Workplace injury claims: Workplace injury claims are requests for compensation made by employees who have suffered injuries or illnesses as a direct result of their job duties. These claims often arise from accidents, exposure to hazardous conditions, or repetitive stress injuries and are governed by specific regulations that aim to protect workers' rights. The process for filing these claims typically involves documentation of the injury, reporting it to the employer, and following legal protocols, which are significantly influenced by the Occupational Safety and Health Act (OSHA).
Workplace safety audits: Workplace safety audits are systematic evaluations of an organization’s safety processes and compliance with occupational health and safety regulations. These audits help identify potential hazards, assess risks, and ensure that safety policies are effectively implemented, often in accordance with standards set by the Occupational Safety and Health Administration (OSHA). By conducting regular audits, employers can improve workplace safety, reduce accidents, and enhance overall employee well-being.