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Occupational Safety and Health
Act
Public Law 91-596
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The Need for Legislation
• A total of 5,915 fatal work
• In 1970, Congress
considered these annual injuries were recorded in
figures:
2000, a decline of about
58% percent from 1970,
• 14,000 worker deaths
according to the Census of
• 2.5 million workers
Fatal Occupational Injuries,
disabled
conducted by the Bureau of
• 300,000 new occupational
Labor Statistics, U.S.
disease cases
Department of Labor.
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History of OSHA
• OSHA stands for the
Occupational Safety and Health
Administration, an agency of the
U.S. Department of Labor
• OSHA’s responsibility is worker
safety and health protection
•
•
On December 29, 1970, President Nixon signed the OSH
Act
This Act created OSHA, the agency, which formally came
into being on April 28, 1971
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Occupational Safety and Health
Act
• Effective April 29, 1971
• Amended
–
–
–
–
1990
1998
2001
2008
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Occupational Safety and Health
Act
Established
• Occupational Safety
and Health
Administration (OSHA)
• National Institute for
Occupational Safety
and Health (NIOSH)
• Occupational Safety
and Health Review
Commission (OSHRC)
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Purpose of OSHA
"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.”
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What does OSHA do?
• Develops/enforces job safety and health
standards
• Conduct workplace inspection
• Maintains reporting/recordkeeping system for
job-related injuries/illnesses
• Provides various programs to help employers
and workers
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What Rights Do You Have Under OSHA?
• You have the right to:
– A safe and healthful workplace
– Know about hazardous chemicals
– Information about injuries and illnesses in your
workplace
– Complain or request hazard correction from employer
– Training
– Hazard exposure and medical records
– File a complaint with OSHA
– Participate in an OSHA inspection
– Be free from retaliation for exercising safety and health
rights
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Whistleblower Rights
1-800-321-OSHA (6742)
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Your Right to… Training
• Workers have a right to get
training from employers on
a variety of health and
safety hazards and
standards that employers
must follow.
•
Some required training covers topics such as, lockout-tagout,
bloodborne pathogens, noise, confined spaces, fall hazards in
construction, personal protective equipment, along with a
variety of other subjects.
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3. Definitions
Employer
• Any person engaged
in a business
affecting commerce
who has employees
• Does not include
• State
• Political subdivisions
of state
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4. Applicability of
Act
Extends to all 50 states,
District of Columbia,
Puerto Rico, and other
territories under Federal
jurisdiction
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Not Covered
• Self-employed persons (i.e. : 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
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Federal Agency Coverage-Examples
• Federal Railroad Administration (FRA):
– OSHA covers facilities
– FRA covers tracks, trains, etc..
• Federal Aviation Administration (FAA):
– OHSA covers to the tarmac
– FAA covers past the tarmac
WHAT’S A TARMAC?
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6. Occupational Safety and Health
Standards
•Provides authority for
promulgating standards necessary
to protect the safety and health of
workers
•Letters of Interpretation/CPL’s
•Regulation without
representation
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The General Duty Clause:
• The first commandment of OSHA:
– Public Law 91 – 596, Section 5(a)(1)
• The 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
• Section 5(a): Applies to employers
• Section 5(b): Applies to employees
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Standard Classifications:
• Specification standards versus performance
standards
• The Specification Standard: Spells out in detail
exactly what the employer must do and exactly
how to do it! (Emphasizes methods)
• The Performance Standard: Goal oriented
– Provides employer latitude
– Enhances innovation (Emphasizes results)
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Regulatory Structure:
• Horizontal Vs Vertical Standards
• Vertical Standards: Applied to a singular type of industry
(ex. PSM, Electrical, etc.) – the adopted approach
• Horizontal Standards: Applies a general approach across
industry lines based upon general health hazards (ex.
Noise, etc.)
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Horizontal and Vertical Standards:
• Extends within the sub-divisions and individual
paragraphs of the OSHA standard (example: Portable
Powered Tools)
• Horizontal: Employer responsible for safe condition
whether furnished by employer or employee
• Vertical: Hand held circular saw shall have a constant
pressure on/off switch
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Which Standard Applies?
• 1910 General Industry
• 1926 Construction
• The most Stringent Standard Applies but 5 (a)(1) will be
cited.
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Which standard applies?
•
•
•
•
•
Depends on activity or industry
1903 and 1904 always apply
1926 applies for construction operations
1910 applies for most other operations
When in doubt, apply the most stringent standard
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Which non-OSHA standards
apply?
• Standards incorporated by reference
– Named in standard, e.g.
• API-ASME Code for Unfired Pressure Vessels for
Petroleum Liquids and Gases, 1951 edition with 1954
Addenda, in 29 CFR 1910.110(b)(3)(iii)
• ANSI Z89.1-1986, head protection, in 29 CFR
1910.135(b)(1)
– Legally binding
– May refer to a specific year of a consensus
standard
– OSHA may update/remove references to outdated
standards, e.g. API 12A
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Which non-OSHA standards
apply?
• Under 5(a)(1):
– API RP 54, RP 4G, and other relevant
standards
– Manufacturer recommendations / manuals
– Standards protecting against commonly
recognized hazards
– Employer’s own documents
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8. Inspections, Investigations and
Recordkeeping
Upon presenting
credentials compliance
officer is authorized to
• Enter without delay at
reasonable times
• Inspect and investigate
during regular working
hours and other
reasonable times
• Privately question
employees and others
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Inspection Priorities:
• Four general priorities:
– Imminent danger: Death or serious physical harm
could be expected to occur immediately
– Fatalities and major accidents
– Employee complaints: Employees can file a
petition with OSHA for hazards they perceive to
exist
– High-hazard industries (ex. Agriculture,
construction, etc.): Historical records indicate
special attention be paid to identified industries
– Based upon the LWDI: Lost Work-day Incident
Rate
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9. Citations
Any citations issued will indicate
• Regulations and standards alleged to have been
violated
• Proposed abatement time
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9. Citations
(continued)
Employer must post
copy of each citation
• At or near place
alleged violation
occurred
• Post for three days or
until abated whichever is longer
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10. Procedures for
Enforcement
• Employer may request an informal meeting with Area
Director if citation received
• Director is authorized to enter into agreements to
revise citations and penalties
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10. Procedures for Enforcement
(continued)
If employer decides to
contest citation,
proposed penalty, or
time allowed for
abatement, Area
Director must be
notified in writing
within 15 working days
from receipt
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11. Judicial Review
• Notice of Contests will
be forwarded by Area
Director to
Occupational Safety and
Health Review
Commission (OSHRC)
• Commission will assign
case to administrative
law judge
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11. Judicial Review (continued)
• Once administrative judge rules, further
review by OSHRC may be requested
• Rulings may also be appealed to U.S. Court of
Appeals.
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17. Penalties
Types of violations
• Serious violation
• $7,000 maximum
• Other than serious
violation
• $1,000 maximum
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17. Penalties
(continued)
• Willful violations
• $250,000 maximum
• Imprisonment of up to 6
months if caused fatality
• Repeated violations
• $70,000 maximum
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17. Penalties
(continued)
• Failure to abate a previous
violation
• $7,000 maximum for each
day violation continues
• Advance notice of an
inspection
• $1,000 maximum and/or
imprisonment of up to six
months
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17. Penalties
(continued)
• Falsifying records,
reports or applications
• $10,000 maximum
and/or imprisonment of
up to six months
• Violations of posting
requirements
• $7,000 maximum
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17. Penalties
(continued)
• Killing an OSHA
Inspector: Life
Imprisonment!!!!!!!
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17. Penalties May
be Reduced
•
•
•
•
60% <25 Employees
40% 26-100 Employees
20% 101-250 Employees
Over 250 Employee 10%
No Previous Citations;
25% Good Faith Effort
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The Abatement Period:
• The time provided to correct the unsafe
circumstances
• The cost of correcting violations may be greater
than the cost of the citation provided
• Extensions to the abatement period may be
provided if good faith efforts are demonstrated
to comply with abatement requirements
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Citation Questions:
• Who - if anyone goes to prison:
– In a complex organization, the employer is
construed to represent the entire chain of
supervision
• OSHA typically attempts to identify the person
most reasonably considered at fault.
• Where does the $ go?
– Financial penalties go into the National
Treasury and are not ear-marked for OSHA
directly
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39,167 Inspections FY 2004
Number
Percent
Reason for Inspection
9,176
(23.4%)
Complaint/accident related
21,576
(55.1%)
High hazard targeted
8,415
(21.5%)
Referrals, follow-ups, etc.
Number
Percent
Industry Sector
22,360
(57.1%)
Construction
8,755
(22.4%)
Manufacturing
378
7,674
Violations
462
61,666
(1%)
Maritime
(19.6%)
Other industries
Percent
Type
(0.5%)
Willfuli
Current Penalties
$14,553,171
(71.1%)
Seriousii
54,526,440
2,360
(2.7%)
Repeatiii
9,755,960
301
(0.3%)
Failure to Abateiv
1,611,943
21,705
(25%)
Otherv
1,960,084
214
(0.2%)
Unclassified
2,785,342
86,708
TOTAL
$85,192,940
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