Public Law 91-596

1
Public Law 91-596

• Occupational Safety
• Health Act of 1970

2
OSH Act

• Also called Williams-Steiger Act
• Signed December 29, 1970
• Effective April 29, 1971

3
Amendments to Act

• Amended by Public Law 101-552, November 5, 1990
  (Penalty Reform)
• Amended by Public Law 105-198, July 16, 1998
  (Codifies Consultation Program and prohibits OSHA
  from using penalty and citation quotas to
  evaluate enforcement officers)
• Amended by Public Law 105-241, September 28, 1998
  (Makes OSH Act applicable to U.S. Postal Service
  in same manner as any other employer)

4
Prior to OSHA

• State factory laws
• Federal legislation
• Walsh-Healey
• Construction Safety Act
• Workers Compensation
• Voluntary programs by employers

5
Reasons for the OSH Act

• Failure of existing programs
• State programs
• Federal programs partial
• Injuries/Illnesses increasing

6
Purpose of OSH Act

• . . . to assure . . . every working man and
  woman in the Nation safe and healthful working
  conditions and to preserve our human resources .
  . .

7
Definitions - Section 3

• EMPLOYER Person engaged in a business affecting
  commerce who has employees does not include
  United States or other government entity does
  include U.S. Postal Service
• EMPLOYEE Employed by employer who affects
  commerce

8
Applicability of ACT(Jurisdiction) - Section 4

• Section 4(b)(1) - OSH Act does not apply where
  other Federal agencies exercise authority over
  occupational safety and health.

9
Duties - Section 5

• Section 5(a)(1) - General Duty Clause Each
  employer shall furnish employment free from
  recognized hazards ....
• Section 5(a)(2) - Each employer shall comply with
  OSHA standards
• Section (5)(b) - Employees must comply with
  applicable rules and regulations

10
Occupational Safety Health Standards - Section 6

• Section 6(a) - OSHA given authority to promulgate
  start-up standards without rulemaking
• Section 6(b) - Covers rulemaking procedures
• Section 6(c) -Emergency temporary standards
• Section 6(d) - Variances

11
Advisory Committees Administration - Section 7

• Section 7(a)(1) - Establishes National Advisory
  Committee on Occupational Safety and Health
• Section 7(c)(1) - Authorizes OSHA to use the
  services and personnel of States or Federal
  agencies

12
Inspections, Investigations, Recordkeeping -
Section 8

• Section 8(a) - OSHA representatives are
  authorized to
• (1) enter without delay, at reasonable times,
  (NOTE Marshall v. Barlows decision 1978
  requires warrant if denied entry)
• and
• (2) inspect during regular working hours and at
  reasonable times and to question privately
  employers and employees
• Section 8(b) - Subpoena power
• Section 8(c) - Recordkeeping and posting
• Section 8(f)(1) - Employees right of complaint

13
Citations - Section 9

• (a) If an employer has violated Section 5 of the
  Act or any standard, rule or order related to
  Section 6 of Act, citation shall be issued. Each
  citation shall
• Be in writing
• Describe particular violation with reference to
  Act, standard, rule, regulation or order
• Fix reasonable abatement period
• (b) Posting of citations
• (c) Time limitation - 6 months following
  violation (NOTE If employer concealed violation,
  time limitation is suspended)

14
Procedures for Enforcement Section 10

• Employers right of contest
• Employees right of contest - abatement dates only

15
Judicial Review - Section 11

• Section 11(a) - Appeal / Review of Commission
  order
• Section 11(c) - Prohibits discrimination against
  employees filing complaints under OSHA

16
Occupational Safety Health Review Commission -
Section 12

• Establishes membership and terms of Review
  Commission (OSHRC)
• OSHRC acts independently of OSHA

17
Procedures to CounteractImminent Dangers -
Section 13

• Allows OSHA to petition for restraining order in
  cases of imminent danger

Imminent Danger
18
Confidentiality of Trade Secrets - Section 15

• OSHA considers trade secrets to be confidential
  information.

19
Penalties - Section 17

• Defines serious violation and specifies monetary
  penalties for different violations
• This section has been amended by the Omnibus
  Budget Reconciliation Act of 1990 (Public Law
  101-552) which increased penalties
• (a) For Willful and repeated violations to
  maximum of 70,000 (but no less 5,000, for
  willful)
• (b) (c) For serious and other violations to a
  maximum of 7,000
• (d) For failure to abate to a maximum of 7,000
  for each day violation continues

20
Penalties - Section 17 continued

• (f) For giving advance notice without authority,
  a maximum of 1,000 or imprisonment for not more
  than 6 months, or both
• (g) For false statements, representation, or
  certification on documents maintained pursuant to
  the Act, a maximum of 10,000, or imprisonment
  for not more than 6 months, or both
• (k) Definition of serious violation substantial
  probability that death or serious physical harm
  could result.... unless the employer did not, and
  could not with the exercise of reasonable
  diligence, know of the presence of the violation

21
State Jurisdiction State PlansSection 18

• Section 18 (a) - If no Federal standard is in
  effect, State may issue their own
• Section 18 (b) - States may assume responsibility
  for safety and health program Federal OSHA must
  approve plan

22
Federal Agency Safety Health Programs
Responsibilities - Section 19

• Federal agencies (except the U.S. Postal
  Service) must have effective occupational safety
  and health programs
• Executive Order 12196 further defines the
  responsibilities of Federal agencies
• Amendment of 9/28/98 made the OSH Act
  applicable to the U.S. Postal Service in the same
  manner as any other employer

23
Research Related Activities Section 20

• The Department of Health and Human Services
  (formerly Health, Education, and Welfare) is
  responsible for most of the research functions
  under the Act
• The National Institute for Occupational Safety
  and Health (NIOSH) carries out most of these
  functions

24
Training Employee Education Section 21

• Training and education responsibilities are
  shared by DOL and HHS
• Training is authorized directly or through grants
• Section 21(d) - OSHA Consultation Program
  codified by Public Law 105-198, 7/16/98
• Must include employee participation
• Conducted independently of enforcement
• Priority scheduling for small, high hazard
  businesses

25
National Institute for Occupational Safety
Health - Section 22

• This establishes NIOSH, part of HHS

Although NIOSH and OSHA were created by the same
Act of Congress, they are two distinct agencies
with separate responsibilities. OSHA is in the
Department of Labor and is responsible for
creating and enforcing workplace safety and
health Regulations. NIOSH is in the Department of
Health and Human Services and is a research
agency.
26
Grants to the States Section 23

• DOL is authorized to make grants to the states to
  assist in the operation of their occupational
  safety and health program

27
Statistics - Section 24

• 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)