The OCCUPATIONAL SAFETY AND HEALTH ACT is the primary federal law
which governs occupational health and safety in the private sector and
federal government in the
The Act can be found in the
United States Code
* 1 History of federal workplace safety legislation * 2 Passage * 3 Description * 4 See also * 5 Notes * 6 External links
HISTORY OF FEDERAL WORKPLACE SAFETY LEGISLATION
Efforts by the federal government to ensure workplace health and safety were minimal until the passage of OSHA. The American system of mass production encouraged the use of machinery, while the statutory regime did nothing to protect workplace safety. For most employers, it was cheaper to replace a dead or injured worker than it was to introduce safety measures. Tort law provided little recourse for relief for the survivors of dead workers or for injured employees. After the Civil War , some improvements were made through the establishment of state railroad and factory commissions, the adoption of new technology (such as the railway air brake ), and more widespread availability of life insurance . But the overall impact of these improvements was minimal.
The first federal safety legislation was enacted in the Progressive
period . In 1893, Congress passed the
Safety Appliance Act , the first
federal statute to require safety equipment in the workplace (the law
applied only to railroad equipment, however). In 1910, in response to
a series of highly publicized and deadly mine explosions and
collapses, Congress established the
Industrial production increased significantly in the United States
World War II
In the mid-1960s, growing awareness of the environmental impact of
many chemicals had led to a politically powerful environmental
movement . Some labor leaders seized on the public's growing unease
over chemicals in the environment, arguing that the effect of these
compounds on worker health was even worse than the low-level exposure
plants and animals received in the wild. On January 23, 1968,
Lyndon B. Johnson submitted a comprehensive occupational
health and safety bill to Congress. Led by the
On April 14, 1969, President
Companion legislation introduced in the House also imposed an all-purpose "general duty" clause on the enforcing agency as well. With the stricter approach of the Democratic bill apparently favored by a majority of both chambers, and unions now strongly supporting a bill, Republicans introduced a new, competing bill. The compromise bill established the independent research and standard-setting board favored by Nixon, while creating a new enforcement agency. The compromise bill also gave the Department of Labor the power to litigate on the enforcement agency's behalf (as in the Democratic bill). In November 1970, both chambers acted: The House passed the Republican compromise bill, while the Senate passed the stricter Democratic bill (which now included the general duty clause).
A conference committee considered the final bill in early December 1970. Union leaders pressured members of the conference committee to place the standard-setting function in the Department of Labor rather than an independent board. In return, unions agreed to let an independent review commission have veto power over enforcement actions. Unions also agreed to removal of a provision in the legislation which would have let the Secretary of Labor shut down plants or stop manufacturing procedures which put workers in "imminent danger" of harm. In exchange for a Republican proposal to establish an independent occupational health and safety research agency, Democrats won inclusion of the "general duty" clause and the right for union representatives to accompany a federal inspector during inspections. The conference committee bill passed both chambers on December 17, 1970, and President Nixon signed the bill on December 29, 1970. According to the New York Times, labor and environment activist Tony Mazzocchi was a "principal force behind the legislation".
The Act went into effect on April 28, 1971 (now celebrated as Workers\' Memorial Day by American labor unions).
In passing the Act, Congress declared its intent "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."
The Act created the Occupational Safety and Health Administration (OSHA), an agency of the Department of Labor. OSHA was given the authority both to set and enforce workplace health and safety standards. The Act also created the independent Occupational Safety and Health Review Commission to review enforcement priorities, actions and cases.
The Act also established the National Institute for Occupational Safety and Health (NIOSH), an independent research institute in the then Department of Health, Education 2) Be familiar with and comply with standards applicable to their establishments; and 3) Ensure that employees have and use personal protective equipment when required for safety and health. OSHA has established regulations for when it may act under the "general duty clause." The four criteria are 1) There must be a hazard; 2) The hazard must be a recognized hazard (e.g., the employer knew or should have known about the hazard, the hazard is obvious, or the hazard is a recognized one within the industry); 3) The hazard could cause or is likely to cause serious harm or death ; and 4) The hazard must be correctable (OSHA recognizes not all hazards are correctable).
Although theoretically a powerful tool against workplace hazards, it is difficult to meet all four criteria. Therefore, OSHA has engaged in extensive regulatory rule-making to meet its obligations under the law.
Due to the difficulty of the rule-making process (which is governed by the Administrative Procedures Act ), OSHA has focused on basic mechanical and chemical hazards rather than procedures. Major areas which its standards currently cover are: Toxic substances, harmful physical agents, electrical hazards, fall hazards, hazards associated with trenches and digging, hazardous waste, infectious disease, fire and explosion dangers, dangerous atmospheres, machine hazards, and confined spaces.
Section 8 of the Act covers reporting requirements. All employers must report to OSHA within eight hours if an employee dies from a work-related incident, or three or more employees are hospitalized as a result of a work-related incident. Additionally, all fatal on-the-job heart attacks must also be reported. Section 8 permits OSHA inspectors to enter, inspect and investigate, during regular working hours, any workplace covered by the Act. Employers must also communicate with employees about hazards in the workplace. By regulation, OSHA requires that employers keep a record of every non-consumer chemical product used in the workplace. Detailed technical bulletins called material safety data sheets (MSDSs) must be posted and available for employees to read and use to avoid chemical hazards. OSHA also requires employers to report on every injury or job-related illness requiring medical treatment (other than first aid ) on OSHA Form 300, "Log of Work-Related Injuries and Illnesses" (known as an "OSHA Log" or "Form 300"). An annual summary is also required and must be posted for three months, and records must be kept for at least five years.
Section 11(c) of the Act prohibits any employer from discharging, retaliating or discriminating against any employee because the worker has exercised rights under the Act. These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection.
Section 18 of the Act permits and encourages states to adopt their own occupational safety and health plans, so long as the state standards and enforcement "are or will be at least as effective in providing safe and healthful employment" as the federal OSH Act. States that have such plans are known as "OSHA States." As of 2007, 22 states and territories operated complete plans and four others had plans that covered only the public sector.
* ^ http://www.dol.gov/oasam/programs/history/dpt.htm * ^ Hounshell, David. From the American System to Mass Production, 1800-1932: The Development of Manufacturing Technology in the United States. Baltimore: Johns Hopkins University Press, 1984. ISBN 0-8018-3158-X * ^ Rosenberg, Nathan. Technology and American Economic Growth. Paperback ed. New York: Harper and Row, 1972. ISBN 0-87332-104-9 * ^ A B C D Aldrich, Mark. Safety First: Technology, Labor and Business in the Building of Work Safety, 1870-1939. Baltimore: Johns Hopkins University Press, 1997. ISBN 0-8018-5405-9 * ^ A B Fishback, Price and Shawn Kantor. A Prelude to the Welfare State: The Origins of Workers' Compensation. New ed. Chicago: University of Chicago Press, 2000. ISBN 0-226-24984-0 * ^ Graebner, William. Coal Mining Safety in the Progressive Period. Lexington: University of Kentucky Press, 1976. ISBN 0-8131-1339-3 * ^ A B C D E F G H I J Senate Labor and Public Welfare Committee. Job Safety and Health Act of 1970. Committee Report No. 91-1282 on S. 2193. 91st Congress, 2d Session (October 6, 1970). * ^ Stender, John H. "Enforcing the Occupational Safety and Health Act of 1970: The Federal Government as a Catalyst." Law and Contemporary Problems. 38:4 (Summer/Autumn 1974). * ^ A B C D E F Ashford, Nicholas A. Crisis in the Workplace: Occupational Disease and Injury. Cambridge, Mass.: MIT Press, 1976. ISBN 0-262-01045-3 * ^ Mendeloff, John. Regulating Safety: An Economic and Political Analysis of Occupational Safety and Health Policy. Cambridge: MIT Press, 1979. ISBN 0-262-13148-X * ^ Hosey, Andrew D. and Ede, Louise. A Review of State Occupational Health Legislation. Washington, D.C.: Bureau of Occupational Safety and Health, U.S. Department of Health, Education and Welfare, January 1970. * ^ A B Leopold, Les. The Man Who Hated Work and Loved Labor: The Life and Times of Tony Mazzocchi. White River Junction, Vt.: Chelsea Green Publishing, 2007. ISBN 1-933392-64-9 * ^ A B Donnelly, Patrick G. "The Origins of the Occupational Safety and Health Act of 1970." Social Problems. 30:1 (October 1982). * ^ A B C D E Page, Joseph A. and O'Brien, Mary-Win. Bitter Wages. New York: Grossman, 1973. * ^ Greenhouse, Steven. "Anthony Mazzocchi, 76, Dies; Union Officer and Party Father", October 9, 2002. Retrieved 22 May 2015. * ^ MacLaury, Judson. The Occupational Safety and Health Administration: A History of its First Thirteen Years, 1971-1984. Washington, D.C.: U.S. Department of Labor, 1984. * ^ Smith, Sandy. "Kennedy, Murray, Woolsey Relaunch the Protecting America's Workers Act." Occupational Hazards. April 26, 2007. * ^ 29 USC 651(b). * ^ A B C D E F Occupational Safety and Health Administration. All About OSHA. OSHA 3302-06N. Washington, D.C.: U.S. Department of Labor, 2006. * ^ Schneid, T.D. Legal Liability: A Guide for Safety and Loss Prevention Professionals. Aspen, Colo.: Aspen Publishers, 1997. ISBN 0-8342-0984-5 * ^ Taylor, Bill. "Understanding OSHA and Safety and Health Regulations." In Effective Environmental, Health, and Safety Management: Using the Team Approach. Bill Taylor, ed. Hoboken, N.J.: John Wiley ;background:none transparent;border:none;-moz-box-shadow:none;-webkit-box-shadow:none;box-shadow:none;">v
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Occupational diseases and injuries
AGENCIES AND ORGANIZATIONS