Historical Perspectives
• In pressing for prompt passage of workplace
safety and health legislation, New Jersey
Senator Harrison A. Williams Jr. said,
– "The knowledge that the industrial accident situation
is deteriorating, rather than improving, underscores
the need for action now."
• He called attention to the need to protect
workers against such hazards as noise, cotton
dust, and asbestos*
*All are now covered by OSHA standards
Historical Perspectives
• In the House, Representative
William A. Steiger worked for
passage of a bill:
– "In the last 25 years, more than
400,000 Americans were killed by
work-related accidents and disease.
This has resulted in incalculable pain
and suffering for workers and their
families. Such injuries have cost
billions of dollars in lost wages and
production."
OSH Act of 1970 becomes Law
• On December 29, 1970,
President Richard M.
Nixon signed The
Occupational Safety
and Health Act of 1970,
also known as the
Williams-Steiger Act in
honor of the two men
who pressed so hard
for its passage
OSH Act of 1970 becomes Law
• OSHA was created because of
public outcry against rising injury
and death rates on the job
• The Act is comprised of 34
sections
• http://www.osha.gov/pls/oshaweb/o
wasrch.search_form?p_doc_type=O
SHACT&p_toc_level=0&p_keyvalu
e=
Section 2 - OSHA’S Purpose
• Authorizes OSHA to provide training programs
for employers and employees;
• Develops and enforces
job safety and health standards;
• Establishes employer recordkeeping and
reporting requirements;
• Provides for the development, evaluation and
approval of state programs
Section 4 – The Act’s Coverage
• Applies to employment performed in a
workplace in a State, the District of Columbia,
Puerto Rico, and all US possessions.
Section 4 – The Act’s Coverage
Those exempt from OSHA include:
Self-employed
Family farms
Government and subdivisions/those
covered by another statute (MSHA, FAA,
NRC, etc.)
Section 5 - Duties
Each employer –
(1) Shall furnish to each of his employees employment
and a place of employment which are free from
recognized hazards* that are likely to cause death or
serious physical harm to his employees
(2) Shall comply with occupational safety and health
standards promulgated under this Act.
*Where OSHA has not passed specific standards,
employers are responsible for following the Act’s
General Duty Clause.
Section 5(a)(1) of the Act
Section 6 – Occupational Safety
and Health Standards
• Establishes OSHA rulemaking procedures
• Provides for protection against toxic
materials
– More specifically, “that no employee will suffer
material impairment of health or functional
capacity even if such employee has regular
exposure to the hazard dealt with by such
standard for the period of his working life”
Section 6 – Occupational Safety
and Health Standards
• Procedures for the granting of variances from
a standard or any provision promulgated
under the Act
• The use of labels necessary to ensure that
employees are apprised of:
– All hazards to which they are exposed,
– Relevant symptoms and appropriate emergency
treatment, and
– Proper conditions and precautions of safe use
Section 8 - Inspections,
Investigations & Recordkeeping
• OSHA representatives are authorized to:
– Enter without delay
– Inspect during regular working hours and at reasonable
times
– Question privately employers and employees
• OSHA has subpoena power
• OSHA recordkeeping
• Employees right of complaint
Section 9 - Citations
• If an employer violates Section 5 of The OSH
Act or any standard, rule or order related to
Section 6, a citation may be issued.
Each citation will:
– Be in writing
– Describe the particular violation
– Set a reasonable abatement period
• Posting of citations
• Time limit - 6 months to issue citation
Section 10 - Enforcement
• After an inspection OSHA will notify the
employer by certified mail of the citations
and/or penalty.
Employer must notify
OSHA within fifteen
working days from the
receipt of the notice of
the Citation(s) of intent
to contest the citation or
proposed assessment of
penalty.
Section 11 - Judicial Review
• Provides for the appeal & review of orders issued
by the Occupational Safety and Health Review
Commission
• Prohibits discrimination against employees filing
complaints under OSHA or for
disclosing safety and health issues
concerning the workplace
Section 12 - Occupational Safety &
Health Review Commission
• Establishes membership and terms of
Review Commission (OSHRC)
• OSHRC acts independently of OSHA
• http://www.oshrc.gov
Section 13 - Procedures to Counteract
Imminent Dangers
• Allows OSHA to petition for (obtain) a
restraining order in cases of Imminent
Danger.
• OSHA will:
– Advise employer of imminent danger
– Advise employees of rights
Section 17 - Penalties
• Penalties were increased in 1990
• Willful & Repeated Violations to a maximum of
$70,000 for each citation
• Minimum $5,000 for Willful
• Serious & Other Than Serious up to $ 7,000
• Failure to Abate to a maximum of $ 7,000 for each
day violation continues(up to 30 day max.)
Section 18 - State Plans
• Rules to provide for States to assume
responsibility for the development and
enforcement of occupational safety and
health in their own state
STATE PLAN STATES
Section 22 - National Institute for
Occupational Safety and Health
• Establishes NIOSH to conduct research
and training
• NIOSH provides national and world leadership
to prevent work-related illness, injury, disability,
and death by gathering information, conducting
scientific research, and translating the
knowledge gained into products and services.