The Occupational Safety and Health Act of 1970 (OSH) is one of the main pieces of U.S. legislation ensuring a safe working environment for everyone. It sets specific guidelines and standards, focusing on employers and employees and covering a broad spectrum of industries and hazards to create a work environment where everyone can work without fear of injury.
The Occupational Safety and Health Administration (OSHA) mainly covers private sector employees, but coverage for state and local government workers can also exist in some states. Its laws address employers and employees and ensure compliance with them through inspections, penalties, and collaborations with different organizations. This article is a general guide to understanding the various aspects of OSHA, so keep reading to learn more.
Main Provisions of the OSHA Act
The OSHA Act focuses on two main groups, employers and employees, outlining their duties to create a safe work environment. Here’s a breakdown of the main provisions for each:
1. Employers
Employers have several key responsibilities to ensure workplace safety and compliance with health standards, which are:
- Provision of a safe workplace: The workplace should be free from recognized hazards likely to cause death or serious physical harm to employees, including falls, chemical exposures, electrical hazards, and more, depending on the specific industry.
- Compliance with OSHA standards: You should follow all applicable standards, regulations, and requirements relevant to the employer’s industry and workplace operations. The standards cover a wide range of safety and health topics, including hazard communication, personal protective equipment (PPE), machine guarding, and respiratory protection.
- Training and information: Employers must train workers on identifying hazards, safe work practices, emergency procedures, and the proper use of PPE. They must also provide access to safety data sheets and hazard communication programs. Ensure the safety guides or pamphlets are in abundant supply– you can easily print training books and employee handbooks online– and provide each employee with one when onboarded.
- Keeping records: Maintaining accurate records of work-related injuries and illnesses, including recording each injury on OSHA’s Form 300 (Log of Work-Related Injuries and Illnesses), is another key responsibility. You must maintain these records for at least five years and make them available to employees, former employees, and OSHA representatives upon request.
- Providing medical examinations and tests: Employers should cover worker’s medical examinations and tests to evaluate their health status when required by OSHA standards.
- Cooperation with OSHA inspections: Employers must cooperate with official OSHA inspectors during workplace inspections, provide all the necessary records when required, and facilitate employee interviews.
- Displaying OSHA posters: OSHA’s official “Job Safety and Health: It’s the Law” poster should be displayed prominently where all employees can see it. This poster informs employees of their rights and responsibilities under the OSH Act.
2. Employees
According to OSHA, employees have three fundamental duties:
- Compliance with standards: This means following established safety rules in the workplace, including using designated walkways, operating machinery only after proper training, and adhering to safe work practices.
- Reporting hazards: Employees should promptly report any workplace hazards, unsafe conditions, unsafe behaviors, and work-related injuries, illnesses, or near-misses to their supervisor or employer. This way, you can address and promptly correct risks to prevent accidents or injuries, and any incident can be properly investigated to implement corrective actions and avoid similar incidents in the future.
- Participating in safety training: Employees must participate in safety training programs provided by the employer to better understand workplace hazards, safe work practices, emergency procedures, and the proper use of PPE.
How Is the Act Enforced?
This act is enforced in three main ways:
1. Inspections
OSHA inspectors conduct workplace inspections, often called compliance safety and health officers (CSHOs), based on various reasons, including imminent danger situations, worker complaints, referrals, targeted inspections, and follow-ups on previous violations.
There are two main types of inspections– programmed and unprogrammed. Programmed ones are planned well in advance based on predetermined criteria, whereas unprogrammed ones occur in response to a specific event or situation.
During the inspections, the CSHOs may interview employees, inspect the workplace for hazards, review records (such as injury and illness logs), and take samples for analysis if necessary. Employers are required to cooperate with the process.
2. Penalties
OSHA penalties can vary depending on the severity of the violation and the employer’s history of previous violations. They can range from fines to citations, and in cases of willful violations or fatalities, they may pursue criminal charges. Common types of violations include:
- Serious violations: A violation with a significant chance that death or serious physical harm could result from a hazard that the employer knew or should have known.
- Willful violations: A violation where the employer knowingly commits or commits with plain indifference to the law.
- Repeat violations: A violation substantially similar to a previous one.
- Failure to abate: Failure to correct a previously cited violation within the stipulated time frame
3. Collaboration with Employers and Employees
Officials work with employer associations, labor unions, safety and health professionals, and other stakeholders to promote workplace safety and health. You can also collaborate with academic institutions, non-profit organizations, and other government agencies involved in occupational safety and health. These facilitate research, data sharing, and the development of innovative approaches to improve workplace safety.
Collaborative programs such as the voluntary protection programs (VPP) recognize workers and employers who have enforced effective safety and health management systems. Companies accepted into VPP receive benefits such as exemption from routine OSHA inspections (though they are still subject to inspections based on complaints or accidents), recognition at OSHA conferences and events, and enhanced employee morale and retention.
OSHA also has whistleblower protection rights, protecting workers from retaliation for exercising their rights under the OSH Act, such as filing a complaint, participating in an inspection, or raising safety concerns.
Endnote
Focusing on employers and employees, OSHA ensures safe work environments through certain rules and regulations, inspections by inspectors, penalties for violations, and collaborations with different organizations. Its primary goal is to ensure safe and healthy working conditions for employees in most private sector workplaces, set standards to minimize work-related injuries and illnesses, and provide training and education on safety and health protocols for employers and employees. This guide provides only a general look at OSHA and its crucial role in maintaining health and safety standards in the workplace. It’s essential to keep in mind that specific requirements may vary depending on your industry and workplace hazards.
Featured Photo by Pop & Zebra on Unsplash
