The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions. OSHA enforces mandatory job safety and health standards for private employers. It encourages employers and employees to jointly reduce workplace hazards. Employers must comply with general duty to provide hazard-free workplaces and allow OSHA inspections.
The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions. OSHA enforces mandatory job safety and health standards for private employers. It encourages employers and employees to jointly reduce workplace hazards. Employers must comply with general duty to provide hazard-free workplaces and allow OSHA inspections.
The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions. OSHA enforces mandatory job safety and health standards for private employers. It encourages employers and employees to jointly reduce workplace hazards. Employers must comply with general duty to provide hazard-free workplaces and allow OSHA inspections.
The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions. OSHA enforces mandatory job safety and health standards for private employers. It encourages employers and employees to jointly reduce workplace hazards. Employers must comply with general duty to provide hazard-free workplaces and allow OSHA inspections.
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The Occupational Safety and Health Act (Public Law 91-596) was passed into
law on December 29, 1970. It may also be referred to as the Williams–Steiger
Occupational Safety and Health Act of 1970. The purpose of the law is “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 health#ful working condition; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes.” The Occupational Safety and Health Administration (OSHA) was created within the Department of Labor. The primary r esponsibilities assigned to OSHA under the Act are as follows: • Encourage employers and employees to reduce workplace haz#ards and to implement new or improve existing safety and health standards; • Provide for research in occupational safety and health, and develop innovative ways of dealing with occupational safety and health problems; • Establish “separate but dependent responsibilities and rights” for employers and employees for the achievement of better safety and health conditions; • Maintain a reporting and record-keeping system to monitor job#related injuries and illnesses; establish training programs to increase the number of competent occupational safety and health personnel; • Develop mandatory job safety and health standards, and enforce them effectively. 18 Safety Professional’s Reference and Study Guide Who Is Covered under the Occupational Safety and Health Act? Basically, all private sector employers with one or more workers in all 50 states and U.S. territories are governed under the OSH Act. OSHA regula#tions do not apply to all employers in the public sector (municipal, county, state, or federal government agencies), self-employed individuals, family members operating a farm, or domestic household workers. Horizontal and Vertical Standards Standards are referred to as either horizontal or vertical. Horizontal standards are those standards that apply to all industries and employers. For example, fire prevention and protection standards are horizontal standards. Vertical standards are those standards that apply only to particular industries and employers. Standards that apply only to the construction industry are an example of vertical standards. General Duty Clause Each standard promulgated by OSHA cannot cover every specific detail. Therefore, OSHA has implemented a “general duty clause” into the regula#tions. The General Duty Clause states that an employer shall furnish “a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees.” Where there is no specific standard, OSHA will use the general duty clause for the issuance of citations and fines. The general duty clause can be found in Section 5 (a)(1) of the Occupational Safety and Health Act of 1970. Employer Rights and Responsibilities Besides meeting the intent of the general duty clause, the employer must • Examine workplace conditions to make sure they comply with applicable standards; Regulations 19 • Minimize or reduce hazards; • Use color codes, poster, labels, or signs when needed to warn employ#ees of potential hazards; • Provide training required by applicable OSHA standards; • Keep OSHA-required records; • Provide access to employee medical records and exposure records to employees or their authorized representatives. Employee Rights and Responsibilities OSHA requires workers to comply with all safety and health standards that apply to their actions on the job. Employees should • Read the OSHA poster; • Follow the employer’s safety and health rules, and wear or use all required gear and equipment; • Follow safe work practices for your job, as directed by your employer; • Report hazardous conditions to a supervisor or safety committee; • Report hazardous conditions to OSHA, if employers do not fix them; • Expect safety and health on the job without fear of reprisal. Communications and Correspondence with OSHA There are two trains of thought among safety professionals when com#municating and dealing with OSHA. The first train of thought is the belief that OSHA is the enemy and any communication or correspondence with them will result in a negative way for the company. The second thought is that OSHA has a purpose to protect the health and safety of employees and also serve as a valuable resource and partner for American businesses. The large majority of OSHA personnel are experienced and knowledgeable professionals and can serve as a useful resource in making decisions and often have ideas that you may not have thought of when trying to solve a particular problem within your facility or operation. With this being said, I would urge caution in providing information on an official basis. The safety professional must remember that a large portion of OSHA’s responsibility lies in enforcing the regulations. Therefore, information provided to them can be used to levy penalties against your organization. When confronted 20 Safety Professional’s Reference and Study Guide on an official basis with a potential citation or penalty, it is best to provide only those specific documents that are requested. This, of course, is only a personal opinion, based on my experiences. OSHA Inspections and Process Whenever an OSHA inspection occurs, the employer must • Be advised by the compliance officer of the reason for the inspection, • Require identification of the OSHA compliance officer, • Accompany the compliance officer on the inspection, • Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection. Under the OSH Act, OSHA is authorized to conduct workplace inspections during normal operating hours. Inspections are based on the following priorities: • Imminent danger situations, • Catastrophes and fatal accidents, • Employee complaints, • Programmed high-hazard inspections, • Follow-up inspections. The inspection process starts even before the compliance officer visits your site. The compliance officer will prepare himself or herself by becoming familiar with your particular industry and business through research. He or she will be familiar with the potential hazards and processes involved with your particular business. Once on site, the compliance officer begins by presenting his or her credentials. Note: The compliance officer has the right, under the law, for timely admission to the facility. Any unnecessary delay or refusal of admittance may prompt the compliance officer to obtain a warrant for inspection purposes. Once the authorized credentials have been presented, the compli#ance officer will hold an opening conference. In the opening conference, the compliance officer will explain the purpose of the visit, how your particular facility was selected for inspection, the scope of the inspection, and the stan#dards that will apply. The compliance officer will ask the employer to select an employer representative to accompany him or her on the inspection. The compliance officer also gives an authorized employee representative the