OSH Act
INSY 3020/7976
Spring 2008
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OSHAct
Occupational Safety and Health Act.
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President Richard M. Nixon signed this bill into
law on December 29, 1970, as Public Law No. 91596 (29 USC 651-678).
The OSHAct, also called the Williams-Steiger Act,
took effect on April 28, 1971.
Congress declared that the purpose of this
legislation was:

“…To assure so far as possible every working man
and woman in the nation safe and healthful
working conditions and preserve our human
resources.”
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OSHAct
The Occupational Safety and Health Act
(OSHAct) of 1970, and the
establishment of its overseeing agency,
the Occupational Safety and Health
Administration (OSHA) represent the
most significant legislation governing
workplace health and safety.
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Occupational Safety and Health Act
of 1970
Also called as the Williams-Steiger Act
Public Law 91-596
Signed Dec 29, 1970 by President Nixon
Effective April 28, 1971
Abbreviated as OSH Act of 1970
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OSH Act 1970
The intent of the Act is:
“…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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OSH Act of 1970
 Created the Occupational Safety and
Health Administration (OSHA) within the
Department of Labor (DOL) to enforce
the OSH Act.
 Provides duties and responsibilities to
which the employer or employee must
comply.
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Who is governed under the OSHAct?
Organizations with one or more
employees.
However, if there are ten or fewer
employees, the company is exempt
from inspections and record keeping
requirements.
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The Act’s Coverage
All employers and employees in the 50 states,
District of Columbia, Puerto Rico, and all
other territories under the Federal
Government Jurisdiction
Employer- any “person engaged in a business
affecting commerce who has employees, but
does not include the United States (except for
the U.S. Postal Service) or any State or
Political Subdivision of a State.”
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OSH Act Does Not Cover
Employees of the United States (except
for the U.S. Postal Service) or any State
or political subdivision of a State
Operations where a Federal Agency
other than Department of Labor already
has authority to prescribe or enforce
safety and health standards or
regulations.
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OSH Act Does Not Cover
Operators and miners covered by the
U.S. Mine Safety and Health Act of 1977
Churches and religious organizations
Employees performing domestic
household tasks in a residence
Any person engaged in agriculture who
is a member of the farmer’s immediate
family
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General Duty Clause – Section 5(a)(1)
“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.”
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OSHA Standards
Published in the Code of Federal
Regulations, commonly called the CFR.
The CFR is divided into Titles, chapters
and Parts
The Occupational Safety and Health
Administration is designated as Title 29
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OSHA Standards by Industry
General Industry: 29 CFR 1910
Construction: 29 CFR 1926
Maritime: 29 CFR 1915-1919
Agriculture: 29 CFR 1928
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Responsibility for OSHAct
Occupational Safety and Health Administration
(OSHA).Assigned to the Department of Labor (DOL).
Its authority includes:
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The promulgation, modification and revocation of safety
and health standards.
Conducting inspections and investigations and issuing
citations.
Requiring employers to keep records of safety and health
data.
Petitioning the courts to issue restraining orders for
imminent danger situations.
Approving or rejecting state plans for OSH programs.
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 OSHA has established 10 regional offices to
assist in carrying out its responsibilities. They
are located in Boston, New York, Philadelphia,
Atlanta, Chicago, Dallas, Kansas City, Denver,
San Francisco and Seattle.
 In each regional office the regional
administrator have the responsibility to
supervise, coordinate, evaluate and execute all
OSHA Programs in the region.
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Occupational Safety and Health Review
Commission (OSHRC).
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The OSHRC is a quasi-judicial board of three members
appointed by the President and confirmed by the Senate. It
is an independent agency of the Executive Branch.
The sole function of OSHRC is to review and rule on
contested cases.
 OSHRC may:
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Affirm.
Modify.
Vacate OSHA’s findings.
 Two levels of adjudication within the OSHRC.
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Administrative law judges.
The three-member commission has the final authority.
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NIOSH
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The National Institute of Occupational Safety and
Health (NIOSH).
 Assigned to the Department of Health and Human
Services (DHHS) under the CDC in Atlanta.
 Primary role is to conduct occupational safety- and
health-related research, education and training.
 NIOSH performs three primary functions:
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(1) Develop and establish recommended occupational
safety and health standards.
(2) Conduct research experiments and demonstrations
related to occupational safety and health.
(3) Develop educational programs to provide an adequate
supply of qualified personnel to carry out the purposes of
the OSHAct.
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Bureau of Labor Statistics (BLS).
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Assigned to the Department of Labor
(DOL).
Conducts surveys and compiles
occupational injury and illness data.
Published reports on injury and illness
experience in industry.
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Advisory Committees
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The National Advisory Committee on
Occupational Safety and Health (NACOSH).
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Twelve members.
Advises the Secretaries of DOL and HHS on the
administration of the Act.
Standards Advisory Committees.
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Fifteen members.
Assist OSHA in the development of standards.
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OSHA’s Mission
Encourage employers and employees to
reduce workplace hazards.
Implement new health and safety programs.
Improve existing health and safety programs.
Encourage research that will lead to
innovative ways of dealing with workplace
health and safety programs.
Establish the rights of employers &
employees regarding the improvements of
workplace health and safety.
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OSHA’s Mission
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Monitor job-related illnesses and injuries
through a system of reporting and record
keeping.
Establish training programs to increase the
number of health and safety professionals
and to continually improve their
competence.
Establish mandatory workplace health and
safety standards and enforce those
standards.
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OSHA’s Mission
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Provide for the development and approval
of state-level workplace health and safety
programs.
Monitor, analyze, and evaluate state-level
health and safety programs.
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Variances from Standards
Under certain circumstances an
employer may request a variance
(deviation) from a particular standard.
There are two types of variances permanent and temporary.
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Reasons for applying for/and the granting
of variances include:
 The employer is already providing the same level
or a higher level of protection to employees than
that provided by the standard. Under these
circumstances the employer can apply for a
permanent variance.
 The employer cannot meet the standard due to
lack of personnel, equipment, or time to construct
or alter facilities. Under these circumstances the
employer may apply for a temporary variance. In
the application, the employer must state what is
being done to protect workers from the specific
hazard and how and when the employer expects
to be able to come into compliance.
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Health and Safety Professionals
should:
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Make sure that a policy and
corresponding rules and regulations
are in place.
Keep employees informed about rules
and regulations.
Encourage proper enforcement
practices
Ensure that employees get the
education and training they need to
perform their jobs safely.
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Questions & Comments
Will he actually ask us
questions on the exam
about this material?
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