OSHA
February 16, 2011
OSHAct
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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
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State factory safety and health laws
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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
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1972
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Worker injuries/illnesses
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14,000
Worker injuries/illnesses
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Worker deaths
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10.9 per 100 workers
1970
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2009
3.6 per 100 workers
2008
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Worker deaths
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5,214
OSHAct History
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Workplace tragedies impacts include:
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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
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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
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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 WalshHealey Act in 1960
Public Health Service report “Protecting the Health of Eighty Million
Americans” in 1965
OSHA
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Created 3 federal agencies:
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OSHA
NIOSH
OSH Review Commission
OSHA
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Reduction in workplace injuries and
deaths
Coverage
Federal and state plans
OSHA
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OSHAct: Employers
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Employers “shall comply with occupational safety
and health standards promulgated under this Act”
Employers are subject to General Duty Clause
OSHA
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OSHAct: Employees
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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
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Standard Setting
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Initial standard setting (using available national
standards)
Subsequent standard setting
Emergency standard setting (grave danger)
OSHA
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Standard Setting
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Types of standards:
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General Industry
Construction
Maritime
Agriculture
OSHA
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Standard Setting
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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
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Standard Setting
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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
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Standards
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Can be specification or performance-based
Typical components include exposure limits,
control technology, medical examinations,
labels/warnings, training/education, monitoring,
etc.
OSHA
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Bases for Standard Challenges include:
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Standard setting process not followed
Technical feasibility
Economic feasibility
Benefit to worker safety/health not proven
OSHA
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Variances
Interpretations
Enforcement Directives
OSHA
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Standards (29 CFR 1910)
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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
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Standard Setting Examples
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Bloodborne Pathogens
Indoor Air Quality
Air Contaminants
Ergonomics
OSHA
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General Duty Clause
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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
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General Duty Clause Violations
1.
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Failure to keep workplace free of hazard
Hazard recognized by employer or employer’s
industry
Recognized hazard causing or likely to cause
death or serious physical harm
Feasible means to eliminate or materially reduce
hazard
OSHA
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Enforcement activities
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Programmed/Unprogrammed Inspections (ex.
Severe Violator Enforcement Program, Local
Emphasis Programs, etc.)
Citations
Criminal Prosecutions (DOJ)
Whistleblower Provisions
OSHA
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www.osha.gov
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