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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."

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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_for
  m?p_doc_typeOSHACTp_toc_level0p_keyvalue

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Section 2 - OSHAS 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

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Section 4 The Acts Coverage

• Applies to employment performed in a workplace in
  a State, the District of Columbia, Puerto Rico,
  and all US possessions.

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Section 4 The Acts Coverage

• Those exempt from OSHA include
• Self-employed
• Family farms
• Government and subdivisions/those covered by
  another statute (MSHA, FAA, NRC, etc.)

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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 Acts
  General Duty Clause.
• Section 5(a)(1) of the Act

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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

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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

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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

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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

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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
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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

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Section 12 - Occupational Safety Health Review
Commission

• Establishes membership and terms of Review
  Commission (OSHRC)
• OSHRC acts independently of OSHA
• http//www.oshrc.gov

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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

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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.)

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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

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STATE PLAN STATES

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Section 22 - National Institute for Occupational
Safety and Health

• Establishes NIOSH to conduct research and training

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• 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.