Public Law 91-596
Occupational Safety & Health
Act of 1970
1
OSH Act

Also called Williams-Steiger Act

Signed Dec. 29,1970

Effective April 29,1971
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Amendments to Act

Amended by Public Law 101-552, Nov.
5,1990 (Penalty Reform)

Amended by Public Law 105-198, July
16, 1998 (Codifies Consultation Program
and prohibits OSHA from using penalty
and citation quotas to evaluate
enforcement officers)

Amended by Public Law 105-241, Sept.
28, 1998 (Makes OSH Act applicable to
U.S. Postal Service in same manner as
any other employer)
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Prior to OSHA

State factory laws

Federal legislation
– Walsh - Healey
– Construction Safety Act
– Workers’ Compensation

Voluntary programs by employers
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Reasons for the OSH Act

Failure of existing programs
– State programs
– Federal programs partial

Injuries/Illnesses increasing
5
Purpose of OSH Act

“...to assure... every working man
and woman in the Nation safe and
healthful working conditions and to
preserve our human resources....”
6
Definitions - Section 3

EMPLOYER: Person engaged in a
business affecting commerce who
has employees; does not include
United States or other government
entity; does include U.S. Postal
Service

EMPLOYEE: Employed by
employer who affects commerce
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Applicability of ACT
(Jurisdiction)

Section 4(b)(1) - OSH Act does not
apply where other Federal agencies
exercise authority over occupational
safety and health.
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Duties

Section 5(a)(1) - General Duty Clause:
Each employer shall furnish employment
free form recognized hazards ....

Section 5(a)(2) - Each employer shall
comply with OSH standards

Section (5)(b) - Employees must comply
with applicable rules and regulations
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Occupational Safety & Health
Standards

Section 6(a) - OSHA given authority to
promulgate start-up standards without
rulemaking

Section 6(b) - Covers rulemaking
procedures

Section 6(c) -Emergency temporary
standards

Section 6(d) - Variances
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Advisory Committees;
Administration

Section 7(a)(1) - Establishes
National Advisory Committee on
OSH

Section 7(c)(1) - Authorizes OSHA to
use the services and personnel of
States or Federal agencies to provide
consultation services
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Inspections, Investigations, &
Recordkeeping

Section 8(a) - OSHA representatives are authorized to:
– (1) enter without delay, at reasonable times &
– (2) inspect during regular working hours and at
reasonable times and to question privately employers
and employees (NOTE: Marshall v. Barlow’s decision [
1978 ] requires warrant if denied entry

Section 8(b) - Subpoena power

Section 8(c) - Recordkeeping and posting

Section 8(f)(1) - Employees right of complaint
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Citations - Section 9

(a) If an employer has violated Section 5 of the Act or any
standard, rule or order related to Section 6 of Act, citation
shall be issued. Each citation shall:
– Be in writing
– Describe particular violation with reference to Act,
standard, rule regulation or order
– Fix reasonable abatement period

(b) Posting of citations

(c) Time limitation - 6 months following violation (NOTE:
If employer concealed violation, time limitation is
suspended)
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Procedures for Enforcement
Section 10

Employer’s right of contest

Employee’s right of contest abatement dates only
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Judicial Review

Section 11(a) - Appeal / Review of
Commission order

Section 11(c) - Prohibits
discrimination against employee’s
filing complaints under OSHA
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Occupational Safety & Health
Review Commission - Section 12

Establishes membership and terms
of Review Commission (OSHRC)

OSHRC acts independently of
OSHA
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Procedures to Counteract
Imminent Dangers - Section 13

Allows OSHA to petition for
restraining order in cases of
imminent danger
17
Confidentiality of Trade
Secrets - Section - 15

OSHA considers trade secrets to be
confidential information.
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Penalties - Section 17

Defines serious violation and specifies monetary penalties
for different violations

This section has been amended by the Omnibus Budget
Reconciliation Act of 1990 (Public Law 101-552) which
increased penalties
– (a) For Willful and repeated violations to maximum of
$70,000 (but no less $5,000, for willful)
– (b) & (c) For serious and other violations to a
maximum of $7,000
– (d) For failure to abate to a maximum of $7,000 for
each day violation continues
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Penalties - Section 17 (cont.)

(f) For giving advance notice without authority, a
maximum of $1,000 or imprisonment for not more than 6
months, or both

(g) For false statements, representation, or certification on
documents maintained pursuant to the Act, a maximum of
$10,000, or imprisonment for not more than 6 months, or
both

(k) Definition of serious violation: substantial probability
that death or serious physical harm could result.... unless
the employer did not, and could not with the exercise of
reasonable diligence, know of the presence of the violation
20
State Jurisdiction & State Plans
Section 18

Section 18 (a) - If no Federal
standard is in effect, State may issue
their own

Section 18 (b) - States may assume
responsibility for safety and health
program; Federal OSHA must
approve plan
21
Federal Agency Safety & Health
Programs & Responsibilities - Section 19

Federal agencies (except the U.S. Postal
Service*) must have effective
occupational safety and health programs

Executive Order 12196 further defines
the responsibilities of Federal agencies
* Amendment of 9/28/98 made the OSH Act
applicable to the U.S. Postal Service in the same
manner as any other employer
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Research & Related Activities
Section 20

The Department of Health and Human
Services (formerly Health, Education,
and Welfare) is responsible for most of
the research functions under the Act

The National Institute for Occupational
Safety and Health (NIOSH) carries out
most of these functions
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Training & Employee Education
Section 21

Training and education
responsibilities are shared by DOL
and HHS

Training is authorized directly or
through grants

OSHA Consultation Program
codified by Public Law 105-198,
7/16/98
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National Institute for
Occupational Safety & Health - Section 22

This establishes NIOSH, part of HHS
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Grants to the States
Section - 23

DOL is authorized to make grants to
the states to assist in the operation of
their Occupational safety and health
program
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Statistics - Section 24

DOL is authorized to collect and
analyze statistics of occupational
fatalities, injuries, and illnesses.

Data is collected and compiled by
the Bureau of Labor Statistics (BLS)
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