The Occupational Safety
and Health Act
Objectives
• This class session is intended to familiarize
students with the Williams-Steiger
Occupational Safety and Health Act of 1970.
Students should be able to:
– Know the basic process that results in regulations
– Appreciate the political and historical context of
the Act
– Know key provisions of the Act
Introduction
Where to regulations come from?
• Much of our daily life is governed by regulatory
agencies, but how did this happen?
– Occupational Safety and Health Admin.and
regulations were created because Congress
passed OSH Act.
– Congress passed the OSH Act because they
believed it was a good idea
– Citizens, labor unions, and others encouraged
Congress
• Therefore, we (the public) are the ultimate force
behind the creation of laws and regulations. We, as
a society, bring this upon ourselves to better the
human situation
OSHA History
• The first 0ccupational safety and health laws
in the U.S. stemmed from the dangerous
conditions of post-Civil War factories.
– Massachusetts passed a factory inspection law in
1877
– By 1890 nine states had factory inspection laws,
13 required machine guarding, and 21 had limited
provisions for health hazards
OSHA History
• The Progressive Era of the early 1900s saw
an increased interest in protecting workers’
health and safety.
– Studies brought to light the deplorable conditions
workers experienced
– Several industrial disasters also helped raise
awareness of occupational safety and health
– These forces prompted Congress to create the
Department of Labor in 1913.
OSHA History
• During the post-World War II era, the Federal
government began to take a stronger role,
– Some of the previous progress in worker safety
and health was jeopardized.
– A 1958 amendment to the Longshoremans, and
Harbor Workers’ Compensation Act involved the
Labor Department in standard setting and
enforcement.
– In 1960, the Labor Department issued a
mandatory safety and health standard under the
Walsh-Healy act. This was an unpopular action,
and it prompted a “backlash” against Federal
involvement in occupational safety and health.
OSHA History
• The mid 1960s saw increased
awareness and interest, due to heighten
awareness of occupational cancer, an
epidemic of deaths among uranium
miners, and Union efforts.
OSHA History
• In 1968 President Lyndon Johnson proposed
a job safety and health program
– “the shame of a modern industrial nation” that
killed 14,000 and injured 2.2 million men each
year.
– In spite of support from organized labor and
activists, Johnson’s proposal failed.
– Several other acts were passed:
•
•
•
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The Service Contracts Act of 1965
Federal Construction Safety and Health Act of 1969
1966 Metal and Non-metallic Mine Safety Act
Coal Mine Health and Safety Act of 1969.
OSHA History
• President Richard Nixon proposed safety and
health legislation in August, 1969.
– His version was criticized by labor and Democrats
due to the proposed administrative board.
– A more liberal bill, similar to the Johnson bill of
1968, was proposed by Representative James G.
O’Hara of Michigan and Senator Harrison
Williams, Jr. of New Jersey.
OSHA History
• Nixon supported the Williams bill after some
changes were made, and it passed the
Senate.
• Representative William R. Steiger of
Wisconsin offered a more conservative bill to
substitute for the O’Hara bill, and it passed
easily in the House of Representatives.
• A House-Senate committee was formed to
resolve differences between the two laws,
resulting in the Williams-Steiger Occupational
Safety and Health Act of 1970.
Who is Covered by the Act
• Applies to employers and employees in such
varied fields as manufacturing, construction,
longshoring, agriculture, law and medicine,
charity and disaster relief, organized labor
and private education.
• Such coverage includes religious groups to
the extent that they employ workers for
secular purposes.
• Does not include the United States or any
state or political subdivision of a State
Who is Not Covered by the Act
• Self-employed persons
• Farms at which only immediate members of
the farmer's family are employed
• Working conditions regulated by other federal
agencies under other federal statutes.
– Mmost employment in mining, nuclear energy and
nuclear weapons manufacture, and many
segments of the transportation industries;
• Employees of State and local governments
(unless the States has an OSHA-approved
safety and health programs).
Who is Not Covered by the Act
• Other federal agencies are sometimes
authorized to regulate safety and health
working conditions in a particular
industry; if they do not do so in specific
areas, then OSHA requirements apply.
– EPA regulates pesticides
– DOT regulates transportation,
– Etc.
Major Provisions of the OSH Act
1. Introduction
– “To assure safe and healthful working conditions
for working men and women; by authorizing
enforcement of the standards developed under the
Act; by assisting and encouraging the States in
their efforts to assure safe and healthful working
conditions; by providing for research, information,
education, and training in the field of occupational
safety and health; and for other purposes. “
Major Provisions of the OSH Act
2. Congressional findings and purpose
– Congress found workplace injuries and
illnesses hinder interstate commerce.
Therefore, its intent is to “to assure so far
as possible every working man and woman
in the Nation a safe and healthful working
condition and to preserve our human
resources”.
Major Provisions of the OSH Act
3. Definitions
•
Several important terms are provided,
including “employer”, “employee”,
“occupational safety and health standard”
4. Applicability
•
“This Act shall apply with respect to
employment performed in a workplace”
Major Provisions of the OSH Act
5.
Duties
(A) Each employer -
(1) 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;
This is the “general duty clause” OSHA cites
when no specific OSHA standard applies.
Major Provisions of the OSH Act
5. Duties
A. Each Employer
2. shall comply with occupational safety and health
standards promulgated under this Act
B. Each employee 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.
Major Provisions of the OSH Act
6. Occupational Safety and Health
Standards
– Procedures are established allowing
OSHA to “promulgate” regulations
(“promulgate” means to give public notice,
or first notice of; to make known; to
publish; to proclaim regulations).
– Variances from standards are allowed
under certain circumstances.
Major Provisions of the OSH Act
7. Advisory committees
–
Procedures for establishing the National
Advisory Committee on Occupational Safety and
Health.
8. Inspections, Investigations, and
Recordkeeping
–
–
–
OSHA has the authority to enter and inspect.
Employers must keep records.
Employees can request inspections
Major Provisions of the OSH Act
9. Citations
– OSHA can issue citations for violations
– Citations must be posted
– Violations must be corrected
10. Enforcement
– Employers may contest citations
Major Provisions of the OSH Act
11. Judicial review
– Employers may appeal
– No one shall discriminate against an employee
who complains to OSHA
12.
13.
Occupational Safety and Review
Commission
Imminent Dangers
Major Provisions of the OSH Act
14.
Civil Litigation
15.
Confidentiality of trade secrets
16.
Variations, tolerances and exemptions
17.
Penalties
18.
State plans
Major Provisions of the OSH Act
19.
Federal agency programs
20.
Research
21.
Training
22.
NIOSH
23. Grants to states
Major Provisions of the OSH Act
24.
Statistics
25.
Audits
26.
Annual report
27.
Workmen’s compensation
28.
Assistance to small business
Major Provisions of the OSH Act
29.
Assistant secretary of labor
30.
Additional positions
31.
Emergency locator beacons
32.
Appropriations
33.
Effective Date