OSHA
February 16, 2011
OSHAct
Signed by President Nixon 12/1970 after
legislative efforts begun by President Johnson in
1966
“To assure safe and healthful working
conditions”
Set standards, enforcement, training, educate,
compliance assistance, research, etc.
OSHAct History
State factory safety and health laws
– First in Massachusetts (1877) and then in several
other states
– Required inspectors with varied authority
– Dealt with issues such as machine guarding, fire
exits, etc.
– Piecemeal and state-by-state
OSHA
1972 2009
– Worker injuries/illnesses – Worker injuries/illnesses
10.9 per 100 workers 3.6 per 100 workers
1970 2008
– Worker deaths – Worker deaths
14,000 5,214
OSHAct History
Workplace tragedies impacts include:
– Mining disaster in1907 in Monongah, West Virginia
where 362 coal miners were killed led to creation of
US Bureau of Mines in 1910
– Triangle Shirtwaist factory fire in New York in 1911
resulting in 146 garment worker deaths led to state
level changes
– Mining disaster in 1968 in Farmington, West Virginia
where 68 miners were killed led to passage of the
Coal Mine Health and Safety Act in 1969
OSHAct History
Establishment of workers’ compensation laws
(first in Wisconsin in 1911 and by 1921 most
states had enacted such programs)
Development of state industrial commissions to
develop and enforce safety and health
regulations
OSHAct History
US Department of Labor created in 1913 and it compiled industrial
accident statistics
Bureau of Labor Standards created in 1934
Social Security Act of 1935
Fair Labor Standards Act of 1938
Walsh-Healey Public Contracts Act of 1936
Longshoremen’s and Harbor Workers’ Compensation Act
amendments in 1958
DOL issued mandatory health and safety guidelines under Walsh-
Healey Act in 1960
Public Health Service report “Protecting the Health of Eighty Million
Americans” in 1965
OSHA
Created 3 federal agencies:
– OSHA
– NIOSH
– OSH Review Commission
OSHA
Reduction in workplace injuries and
deaths
Coverage
Federal and state plans
OSHA
OSHAct: Employers
– Employers “shall comply with occupational safety
and health standards promulgated under this Act”
– Employers are subject to General Duty Clause
OSHA
OSHAct: Employees
– Employees “shall comply with occupational safety
and health standards and all rules, regulations, and
orders issued pursuant to this Act which are
applicable to his own actions and conduct”
– Employee right to refuse dangerous work under
certain conditions
– Employees are not cited
OSHA
Standard Setting
– Initial standard setting (using available national
standards)
– Subsequent standard setting
– Emergency standard setting (grave danger)
OSHA
Standard Setting
– Types of standards:
General Industry
Construction
Maritime
Agriculture
OSHA
Standard Setting
– Applies to new, modification, revocation
– Can begin internally or from outside request
– May request advisory input
– Publish advanced notice/proposed rules in Fedreal
Register with opportunity for public input
– Issue rule or determine rule not issued
OSHA
Standard Setting
– For toxic materials or harmful physical agents:
“shall set the standard which most adequately assures, to the
extent feasible, on the basis of the best available evidence,
that no employee will suffer material impairment of health
or functional capacity even if such employee has regular
exposure to the hazard .. for the period of his working life.”
OSHA
Standards
– Can be specification or performance-based
– Typical components include exposure limits,
control technology, medical examinations,
labels/warnings, training/education, monitoring,
etc.
OSHA
Bases for Standard Challenges include:
Standard setting process not followed
Technical feasibility
Economic feasibility
Benefit to worker safety/health not proven
OSHA
Variances
Interpretations
Enforcement Directives
OSHA
Standards (29 CFR 1910)
– Multiples types including personal protective
equipment, scaffolds, fall protection, noise,
ventilation, hazardous materials, confined spaces,
lockout/tagout, fire protection, machinery, electrical,
toxic and hazardous substances, hazard
communication, etc.
OSHA
Standard Setting Examples
– Bloodborne Pathogens
– Indoor Air Quality
– Air Contaminants
– Ergonomics
OSHA
General Duty Clause
– Applies when no specific standard applies
– “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”
OSHA
General Duty Clause Violations
1. Failure to keep workplace free of hazard
2. Hazard recognized by employer or employer’s
industry
3. Recognized hazard causing or likely to cause
death or serious physical harm
4. Feasible means to eliminate or materially reduce
hazard
OSHA
Enforcement activities
– Programmed/Unprogrammed Inspections (ex.
Severe Violator Enforcement Program, Local
Emphasis Programs, etc.)
– Citations
– Criminal Prosecutions (DOJ)
– Whistleblower Provisions
OSHA
www.osha.gov
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