The OSH Act

1. The OSH Act and History

2. Historical Perspectives • In pressing for prompt passage of workplace safety and health legislation, New Jersey Senator Harrison A. Williams Jr. said, • "The knowledge that the industrial accident situation is deteriorating, rather than improving, underscores the need for action now." • He called attention to the need to protect workers against such hazards as noise, cotton dust, and asbestos* *All are now covered by OSHA standards

3. Historical Perspectives • In the House, Representative William A. Steiger worked for passage of a bill: • "In the last 25 years, more than 400,000 Americans were killed by work-related accidents and disease. This has resulted in incalculable pain and suffering for workers and their families. Such injuries have cost billions of dollars in lost wages and production."

4. OSH Act of 1970 becomes Law • On December 29, 1970, President Richard M. Nixon signed The Occupational Safety and Health Act of 1970, also known as the Williams-Steiger Act in honor of the two men who pressed so hard for its passage

5. OSH Act of 1970 becomes Law • OSHA was created because of public outcry against rising injury and death rates on the job • The Act is comprised of 34 sections • http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=OSHACT&p_toc_level=0&p_keyvalue=

6. Section 2 - OSHA’S Purpose • Authorizes OSHA to provide training programs for employers and employees; • Develops and enforces job safety and health standards; • Establishes employer recordkeeping and reporting requirements; • Provides for the development, evaluation and approval of state programs

7. Section 4 – The Act’s Coverage • Applies to employment performed in a workplace in a State, the District of Columbia, Puerto Rico, and all US possessions.

8. Section 4 – The Act’s Coverage Those exempt from OSHA include: • Self-employed • Family farms • Government and subdivisions/those covered by another statute (MSHA, FAA, NRC, etc.)

9. Section 5 - Duties Each employer – • 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 • 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. Section 5(a)(1) of the Act

10. Section 6 – Occupational Safety and Health Standards • Establishes OSHA rulemaking procedures • Provides for protection against toxic materials • More specifically, “that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life”

11. Section 6 – Occupational Safety and Health Standards • Procedures for the granting of variances from a standard or any provision promulgated under the Act • The use of labels necessary to ensure that employees are apprised of: • All hazards to which they are exposed, • Relevant symptoms and appropriate emergency treatment, and • Proper conditions and precautions of safe use

12. Section 8 - Inspections, Investigations & Recordkeeping • OSHA representatives are authorized to: • Enter without delay • Inspect during regular working hours and at reasonable times • Question privately employers and employees • OSHA has subpoena power • OSHA recordkeeping • Employees right of complaint

13. Section 9 - Citations • If an employer violates Section 5 of The OSH 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 • Posting of citations • Time limit - 6 months to issue citation

14. Section 10 - Enforcement • After an inspection OSHA will notify the employer by certified mail of the citations and/or penalty. Employer must notify OSHA within fifteen working days from the receipt of the notice of the Citation(s) of intent to contest the citation or proposed assessment of penalty. S M T W Th F Sa

15. Section 11 - Judicial Review • Provides for the appeal & review of orders issued by the Occupational Safety and Health Review Commission • Prohibits discrimination against employees filing complaints under OSHA or for disclosing safety and health issues concerning the workplace

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

17. Section 13 - Procedures to Counteract Imminent Dangers • Allows OSHA to petition for (obtain) a restraining order in cases of Imminent Danger. • OSHA will: • Advise employer of imminent danger • Advise employees of rights

18. Section 17 - Penalties • Penalties were increased in 1990 • Willful & Repeated Violations to a maximum of $70,000 for each citation • Minimum $5,000 for Willful • Serious & Other Than Serious up to $ 7,000 • Failure to Abate to a maximum of $ 7,000 for each day violation continues(up to 30 day max.)

19. 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

20. STATE PLAN STATES

21. Section 22 - National Institute for Occupational Safety and Health • Establishes NIOSH to conduct research and training

22. NIOSH provides national and world leadership to prevent work-related illness, injury, disability, and death by gathering information, conducting scientific research, and translating the knowledge gained into products and services.