The Occupational Safety and Health Administration (OSHA) was established by the Williams-Steiger Occupational Safety and Health Act (OSH Act) of 1970, which took effect in 1971. OSHA's mission is to ensure that every working man and woman in the nation is employed under safe and healthful working conditions. Nearly every employee in the United States comes under OSHA's jurisdiction. The only exceptions are people who are self-employed, workers in mining and transportation industries (who are covered by other agencies), and most public employees. Thus, nearly every private employer in the United States needs to be cognizant of OSHA rules and regulations. OSHA is an administrative agency within the United States Department of Labor and is therefore administered by an assistant secretary of labor.
OSHA OBJECTIVES AND STANDARDS
OSHA seeks to make workplaces safer and healthier by making and enforcing regulations called standards in the OSH Act. The Act itself establishes only one workplace standard, which is called the "general duty standard." The general duty standard states: "Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." In the OSH Act, Congress delegated authority to OSHA to make rules further implementing the general duty standard.
Standards made by OSHA are published in the Code of Federal Regulations (CFR). The three types of regulations are called interim, temporary emergency, and permanent. Interim standards were applicable for two years after OSH Act was passed. For this purpose, OSHA was authorized to use the standards of any nationally recognized "standards setting" organization such as those of professional engineering groups. Such privately developed standards are called "national consensus standards." Temporary emergency standards last only six months and are designed to protect workers while OSHA goes through the processes required by law to develop a permanent standard. Permanent standards are made through the same processes as the regulations made by other federal administrative agencies.
As OSHA drafts a proposal for a permanent standard, it consults with representatives of industry and labor and collects whatever scientific, medical, and engineering data is necessary to ensure that the standard adequately reflects workplace realities. Proposed standards are published in the Federal Register. A comment period is then held, during which input is received from interested parties including, but not limited to, representatives of industry and labor. At the close of the comment period, the proposal may be withdrawn and set aside, withdrawn and re-proposed with modifications, or approved as a final standard that is legally enforceable. All standards that become legally binding are first published in the Federal Register and then compiled and published in the Code of Federal Regulations. Many of OSHA's permanent standards originated as national consensus standards developed by private professional organizations such as the National Fire Protection Association and the American National Standards Institute. Examples of permanent OSHA standards include limits for exposure of employees to hazardous substances such as asbestos, benzene, vinyl chloride, and cotton dust. See the OSHA Web site at www.osha.gov/SLTC/index.html for more information.
National Institute of Occupational Safety and Health
The OSH Act of 1970 also established a research institute called the National Institute of Occupational Safety and Health (NIOSH). Since 1973, NIOSH has been a division of the U.S. government's Centers for Disease Control (CDC). The purpose of NIOSH is to gather data documenting incidences of occupational exposure, injury, illness and death in the United States. This information, which is highly valued by OSHA, is gathered from a wide variety of sources, ranging from industry groups to labor unions, as well as independent organizations.
OSHA RECORD-KEEPING REQUIREMENTS
OSHA requires all companies subject to its workplace standards to abide by a variety of occupational regulations. One of OSHA's major requirements is that companies keep records on facets of their operations relevant to employee health and safety. All employers covered by the OSH Act are required to keep four kinds of records:
- Records regarding enforcement of OSHA standards
- Research records
- Job-related injury, illness, and death records
- Job hazard records
OSHA ENFORCEMENT OF STANDARDS
OSHA inspectors conduct planned or surprise inspections of work sites covered by the OSH Act to verify compliance with the OSH Act and standards promulgated by OSHA. The OSH Act allows the employer and an employee representative to accompany OSHA's representative during the inspection. In 1978, in Marshall v. Barlow, the United States Supreme Court declared that in most industries, employers have a right to bar an OSHA inspector from his/her premises if the inspector has not first obtained a search warrant.
If violations are found during an inspection, an OSHA citation may be issued in which alleged violations are listed, notices of penalties for each violation are given, and an abatement period is established. The abatement period is the amount of time the employer has to correct any violation(s). Penalties for a violation can be civil or criminal and vary depending on the nature of the violation (minor or serious, willful or non-willful, first offense of repeat offense). Penalties are naturally more severe for serious, repeated, willful violations. Since OSHA must refer cases to the United States Justice Department for criminal enforcement. OSHA has not made extensive use of criminal prosecution as an enforcement mechanism preferring instead to rely on the deterrent effect of civil penalties.
An employer has 15 days to contest an OSHA citation, and any challenge is heard by an Administrative Law Judge (ALJ) within OSHA. The ALJ receives oral and written evidence, decides issues of fact and law, and enters an order. If the employer is dissatisfied with that order, it can be appealed to the Occupational Safety and Health Review Commission, which will, in turn, enter an order. Finally, within 30 days of the issuance of that order, the employer or the Secretary of Labor can take the case to the United States federal court system by filing an appeal with a United States court of appeals.
OSHA AND ITS STATE COUNTERPARTS
Pursuant to the OSH Act, an individual state can pass its own worker health and safety laws and standards. Indeed, the 1970 legislation encouraged individual states to develop and operate their own job safety and health programs. If the state can show that its job safety and health standards are "at least as effective as" comparable federal standards, the state can be certified to assume OSH Act administration and enforcement in that state. OSHA approves and monitors state plans, and provides up to 50 percent of operating costs for approved plans.
