The Occupational Safety and Health Act

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The Occupational Safety and Health Act
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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

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IntroductionWhere 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

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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

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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.

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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.

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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.

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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, Johnsons proposal failed.
• Several other acts were passed
• 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.

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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.
  OHara of Michigan and Senator Harrison
  Williams, Jr. of New Jersey.

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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 OHara 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.

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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

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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).

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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.

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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.

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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.

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Major Provisions of the OSH Act

• Definitions
• Several important terms are provided, including
  employer, employee, occupational safety and
  health standard
• Applicability
• This Act shall apply with respect to employment
  performed in a workplace

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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.

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Major Provisions of the OSH Act

• Duties
• 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.

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Major Provisions of the OSH Act

• 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.

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Major Provisions of the OSH Act

• Advisory committees
• Procedures for establishing the National Advisory
  Committee on Occupational Safety and Health.
• Inspections, Investigations, and Recordkeeping
• OSHA has the authority to enter and inspect.
• Employers must keep records.
• Employees can request inspections

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Major Provisions of the OSH Act

• Citations
• OSHA can issue citations for violations
• Citations must be posted
• Violations must be corrected
• Enforcement
• Employers may contest citations

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Major Provisions of the OSH Act

• Judicial review
• Employers may appeal
• No one shall discriminate against an employee who
  complains to OSHA
• 12. Occupational Safety and Review Commission
• 13. Imminent Dangers

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Major Provisions of the OSH Act

• 14. Civil Litigation
• 15. Confidentiality of trade secrets
• 16. Variations, tolerances and exemptions
• 17. Penalties
• 18. State plans

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Major Provisions of the OSH Act

• 19. Federal agency programs
• 20. Research
• 21. Training
• NIOSH
• Grants to states

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Major Provisions of the OSH Act

• 24. Statistics
• 25. Audits
• 26. Annual report
• 27. Workmens compensation
• 28. Assistance to small business

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Major Provisions of the OSH Act

• 29. Assistant secretary of labor
• 30. Additional positions
• Emergency locator beacons
• 32. Appropriations
• 33. Effective Date