MODULE 3

Introduction to OSHA and the Act

 The Need for Legislation
 Workplace injuries and illnesses increasing
throughout the 1960s
 Need for more comprehensive and uniform
protection of nation’s workers
 Size of national workforce increasing
 Congressional hearings on worker safety
were held

2 ©2006 TEEX
 The Need for Legislation
 In 1970, Congress considered
these figures:
 14,000 worker deaths
 2.5 million workers disabled
 300,000 new occupational disease
cases

3 ©2006 TEEX
 Public Law 91-596 Enacted
 Occupational Safety and Health Act
signed by President Nixon on
December 29th 1970
 Effective April 29, 1971

4 ©2006 TEEX
 Public Law 91-596

 Occupational Safety and Health Act of

1970, also called:
 OSHA Act
 OSH Act
 34 sections
 Amended
 1990
 1998
 2001
5 ©2006 TEEX
 Purpose of the Act

 ". . . 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."

6 ©2006 TEEX
 Three Agencies Established

 Occupational Safety and Health

Administration (OSHA)
 National Institute for Occupational
Safety and Health (NIOSH)
 Occupational Safety and Health Review
Commission (OSHRC)

7 ©2006 TEEX
 Section 2 - OSHA’S Purpose

 Reduce workplace hazards;

 Implement new or improve existing
safety and health programs;
 Provide for research in solving
occupational safety and health
problems

8 ©2006 TEEX
 Section 2 - OSHA’S Purpose
 Establish employer and employee
responsibilities for safety and
health conditions.
 Build on employer/employee safety
and health initiatives.
 Focus on occupational health to
prevent diseases occurring in the
work environment.
9 ©2006 TEEX
 Section 2 - OSHA’S Purpose
 Establish training programs to increase
the number and competence of
occupational safety and health
personnel;
 Develop mandatory job safety and
health standards and enforce them
effectively;
 Develop recordkeeping and reporting
requirements;
10 ©2006 TEEX
 Section 2 - OSHA’S Purpose
 Provide for the development, analysis,
evaluation and approval of state occupational
safety and health programs.

11 ©2006 TEEX
 Section 3 - Definitions
 As defined by the Act, an employer is
any "person engaged in a business
affecting commerce who has
employees, but does not include the
United States or any State or political
subdivision of a State."

12 ©2006 TEEX
 Section 4 - The Act’s Coverage

 Coverage of the Act extends to all 50 states, and

the District of Columbia
 Includes all territories under Federal jurisdiction
 Coverage provided either directly by federal
OSHA or through an OSHA-approved state
program.
 Replaces some previously established federal
laws.
13 ©2006 TEEX
 Section 4 - The Act’s Coverage

 Manufacturing
 Construction
 Longshoring
 Agriculture

14 ©2006 TEEX
 Not Covered
 Self-employed persons (incl. homeowners);
 Farms on which only immediate members of
the farm employer's family are employed;
 Working conditions regulated by other federal
agencies under other federal statutes. *
* If they have safety and health rules and execute
authority over their rules
15 ©2006 TEEX
 Federal Agency Coverage-Examples

 Federal Railroad Administration (FRA):

 OSHA covers facilities
 FRA covers tracks, trains, etc..
 Federal Aviation Administration (FAA):
 OSHA covers to the tarmac
 FAA covers past the tarmac

16 ©2006 TEEX
 Section 5 - Duties

 (a) Each employer -

 (1) 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
 (2) shall comply with occupational safety and
health standards promulgated under this Act.
 5(a)(1) Known as General Duty Clause
17 ©2006 TEEX
 General Duty Clause

 Applies where OSHA has not passed

specific standards
 Employer must protect employees from
recognized hazards likely to cause
death or serious harm:
 Industry and consensus standards
 Common safe practices
 Hazards recognized by similar employers
 Manufacturer requirements or manuals
18 ©2006 TEEX
 Section 5 - Duties

 (b) Each employee shall comply with

occupational safety and health standards
and all rules, regulations, and orders issued
pursuant to the Act which are applicable to
his own actions and conduct.

19 ©2006 TEEX
 Provisions for Federal Employees
 Federal agency heads responsible for
providing safe and healthful working
conditions for their employees.
 Act requires agencies to comply with
standards consistent with those OSHA
issues.

20 ©2006 TEEX
 Provisions for Federal Employees
 No OSHA $$$ penalties levied against
another federal agency for failure to comply
with OSHA standards (Exception: U.S.
Postal Service; enacted 1998).
 Compliance issues at federal agencies are
resolved internally to that agency
 Federal agency safety responsibilities are
21 described in Section 19 of the Act. ©2006 TEEX
 Provisions for State & Local
Governments
 OSHA provisions do not apply to state
and local governments
 States desiring to gain OSHA approval
for a private sector occupational safety
and health program must provide a
program that also covers state and local
government workers.

22 ©2006 TEEX
 Provisions for State & Local
Governments
 State plans may also cover only public
sector employees (city, municipal, state)
 Twenty-three states and territories
operate plans covering both the public
and private sectors.
 Three states – CT, NJ, and NY - operate
public employee
only plans. NY CT

NJ
24 ©2006 TEEX
 Section 6 - Occupational Safety
and Health Standards
 Secretary of Labor, for first two years after
Act’s promulgation, could adopt any
established Federal or consensus standard
which would result in improved employee
safety and health
 It is the responsibility of the employer to
become familiar with standards that apply to
their establishments
25 ©2006 TEEX
 Section 6 - Occupational Safety
and Health Standards
 (6)(a) OSHA given authority to promulgate
start-up standards without rulemaking
 (6)(b) Rulemaking procedure
 (6)(c) Emergency temporary standards
 (6)(d) Variances

26 ©2006 TEEX
 Section 7 - Advisory Committees;
Administration
 7(a)(1) Establishes National Advisory Committee
on Occupational Safety and Health
 “The Committee shall advise, consult with, and
make recommendations to the Secretary…”
 NACOSH meets at least twice per year

27 ©2006 TEEX
 Section 8 - Inspections,
Investigations & Recordkeeping
 8(a) OSHA representatives are authorized to:
(1) enter without delay
(2) inspect during regular working hours and at
reasonable times and to question privately
employers and employees
 8(b) OSHA has subpoena power
 8(c) OSHA requires recordkeeping
 8(f) Employees right of complaint
28 ©2006 TEEX
 Section 9 - Citations
 9(a) If an employer violates Section 5 of 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
 9(b) Posting of citations
 9(c) Time limit - 6 months to issue citation
29 ©2006 TEEX
 Section 10 - Enforcement
 10(a) Employer’s right of contest
 Citations can be contested up to the Occupational
Safety and Health Review Commission (OSHRC), an
independent quasi-judicial branch of the Department of
Labor

 10(c) Employee’s right of contest of abatement

dates

30 ©2006 TEEX
 Section 11 - Judicial Review
 11(a) Appeals & review of Commission order
 11(c) Prohibits discrimination against
employees filing complaints under OSHA, or for
disclosing safety and health issues concerning
the workplace

31 ©2006 TEEX
 Section 12 - Occupational Safety
& Health Review Commission
 Establishes membership and terms of
Review Commission (OSHRC)
 OSHRC acts independently of OSHA
 http://www.oshrc.gov

32 ©2006 TEEX
 Section 13 - Procedures to
Counteract Imminent Dangers
 Allows OSHA to petition for (obtain) a
restraining order in cases of Imminent Danger.
 U.S. District Court issues
 Area Director requests through Solicitor of
Labor
 OSHA will:
 Advise employer of imminent danger
 Advise employees of rights
 Petition District Court for relief
33 ©2006 TEEX
 Section 17 - Penalties

 Penalties were increased in 1990

 Willful & repeated violations to a
maximum of $70,000
 Minimum $5,000 willful
 Serious & other than serious to $7,000
 Failure to abate to a maximum of $7,000
for each day violation continues (up to
30 day max.)
34 ©2006 TEEX
 Section 18 - State Plans

 States may regulate anything OSHA

does not
 State plans must be approved by OSHA
to regulate anything OSHA does
 Must be at least as effective as federal
standards

35 ©2006 TEEX
 Section 18 - State Plans

 Approved state plans can receive funding up to

90% of budget
 Penalty proceeds collected via state programs
remain in that state

36 ©2006 TEEX
 Section 19* - Federal Agency
Programs & Responsibilities
 Federal agencies (exception: Post Office) are
required to establish their own safety and
health programs consistent with OSHA.
 Require the use of safety equipment & PPE as
necessary to protect employees
 Keep accident and illness records
 Establish rules consistent with OSHA
*Executive Order 12196 further defines the
responsibilities of Federal Agencies.
37 ©2006 TEEX
 Section 20 - Research and
Related Activities
 Most OSHA research is carried out by
the National Institute for Occupational
Safety and Health (NIOSH), under
Department of Health and Human
Services (HHS)
 Secretary of HHS confers with Secretary
of Labor and conducts research on
occupational safety and health problems
38 ©2006 TEEX
 Section 21 - Training and
Employee Education
 Training and education responsibilities
are shared by the Department of Labor
(DOL) and HHS
 Training is authorized directly or through
grants

39 ©2006 TEEX
 Section 22 - National Institute for
Occupational Safety and Health

 Establishes NIOSH as a part of HHS

40 ©2006 TEEX
 Section 24 - Statistics

 DOL is authorized to collect and analyze

statistics of occupational fatalities, injuries,
and illnesses.
 Data is collected and compiled by
the Bureau of Labor
Statistics (BLS).

41 ©2006 TEEX
 Historic Progress
 A total of 5,915 fatal work injuries
were recorded in 2000,
 A decline of about 58% percent from
1970, according to the Census of Fatal
Occupational Injuries, conducted by the
Bureau of Labor Statistics, U.S.
Department of Labor.

43 ©2006 TEEX