The
Occupational Safety and Health Act is the primary federal law which governs occupational health and safety in the private sector and federal government in the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
. It was enacted by Congress in 1970 and was signed by
PresidentThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Richard NixonRichard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
on December 29, 1970. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions.
The Act can be found in the
United States CodeThe Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
at title 29, chapter 15.
History of federal workplace safety legislation
Efforts by the federal government to ensure workplace health and safety were minimal until the passage of OSHA. The American system of mass production encouraged the use of machinery, while the statutory regime did nothing to protect workplace safety. For most employers, it was cheaper to replace a dead or injured worker than it was to introduce safety measures. Tort law provided little recourse for relief for the survivors of dead workers or for injured employees. After the
Civil WarThe American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, some improvements were made through the establishment of state railroad and factory commissions, the adoption of new technology (such as the railway air brake), and more widespread availability of
life insuranceLife insurance is a contract between an insurance policy holder and an insurer, where the insurer promises to pay a designated beneficiary a sum of money upon the death of the insured person. Depending on the contract, other events such as terminal illness or critical illness may also trigger...
. But the overall impact of these improvements was minimal.
The first federal safety legislation was enacted in the
Progressive periodProgressivism in the United States is a broadly based reform movement that reached its height early in the 20th century and is generally considered to be middle class and reformist in nature. It arose as a response to the vast changes brought by modernization, such as the growth of large...
. In 1893, Congress passed the Safety Appliance Act, the first federal statute to require safety equipment in the workplace (the law applied only to railroad equipment, however). In 1910, in response to a series of highly-publicized and deadly mine explosions and collapses, Congress established the
United States Bureau of MinesFor most of the 20th century, the U.S. Bureau of Mines was the primary United States Government agency conducting scientific research and disseminating information on the extraction, processing, use, and conservation of mineral resources.- Summary :...
to conduct research into mine safety (although the Bureau had no authority to regulate mine safety). Backed by
trade unionA trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s, many states also enacted
workers' compensationWorkers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
laws which discouraged employers from permitting unsafe workplaces. These laws, as well as the growing power of labor unions and public anger toward poor workplace safety, led to significant reductions in worker accidents for a time.
Industrial production increased significantly in the United States during
World War IIWorld War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, and industrial accidents soared. Winning the war took precedence over safety, and most labor unions were more concerned with maintaining wages in the face of severe inflation than with workplace health and safety. After the war ended, however, workplace accident rates remained high and began to rise. In the two years preceding OSHA's enactment, 14,000 workers died each year from workplace hazards, and another 2 million were disabled or harmed. Additionally, the "
chemical revolutionBy 1000 BC, ancient civilizations used technologies that would eventually form the basis of the various branches of chemistry. Examples include extracting metals from ores, making pottery and glazes, fermenting beer and wine, making pigments for cosmetics and painting, extracting chemicals from...
" introduced a vast array of new chemical compounds to the manufacturing environment. The health effects of these chemicals were poorly understood, and workers received few protections against prolonged or high levels of exposure. While a few states, such as California and New York, had enacted workplace safety as well as workplace health legislation, most states had not changed their workplace protection laws since the turn of the century.
Passage
In the mid-1960s, growing awareness of the environmental impact of many chemicals had led to a politically powerful
environmental movementThe environmental movement, a term that includes the conservation and green politics, is a diverse scientific, social, and political movement for addressing environmental issues....
. Some labor leaders seized on the public's growing unease over chemicals in the environment, arguing that the effect of these compounds on worker health was even worse than the low-level exposure plants and animals received in the wild. On January 23, 1968, President
Lyndon B. JohnsonLyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
submitted a comprehensive occupational health and safety bill to Congress. Led by the
United States Chamber of CommerceThe United States Chamber of Commerce is an American lobbying group representing the interests of many businesses and trade associations. It is not an agency of the United States government....
and the
National Association of ManufacturersThe National Association of Manufacturers is an advocacy group headquartered in Washington, D.C. with 10 additional offices across the country...
, the legislation was widely opposed by business. Many labor leaders, including the leadership of the
AFL-CIOThe American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
, did not fight for the legislation, claiming workers had little interest in the bill. The legislation died in committee.
On April 14, 1969, President Richard Nixon introduced two bills into Congress which would have also protected worker health and safety. The Nixon legislation was much less prescriptive than the Johnson bill, and workplace health and safety regulation would be advisory rather than mandatory. However,
RepresentativeThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
James G. O'HaraJames Grant O'Hara was a soldier and politician from the U.S. state of Michigan, serving as U.S. Representative from 1959 to 1977.-Early life:...
and
SenatorThe United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Harrison A. WilliamsHarrison Arlington "Pete" Williams, Jr. was a Democrat who represented New Jersey in both the United States House of Representatives and the United States Senate . Williams was convicted on May 1, 1981 for taking bribes in the Abscam sting operation, and resigned from the U.S. Senate in 1982...
introduced a much stricter bill similar to the Johnson legislation of the year before.
Companion legislation introduced in the House also imposed an all-purpose "general duty" clause on the enforcing agency as well. With the stricter approach of the
DemocraticThe Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
bill apparently favored by a majority of both chambers, and unions now strongly supporting a bill,
RepublicansThe Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
introduced a new, competing bill. The compromise bill established the independent research and standard-setting board favored by Nixon, while creating a new enforcement agency. The compromise bill also gave the
Department of LaborThe United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
the power to litigate on the enforcement agency's behalf (as in the Democratic bill). In November 1970, both chambers acted: The House passed the Republican compromise bill, while the Senate passed the stricter Democratic bill (which now included the general duty clause).
A
conference committeeA conference committee is a committee of the Congress appointed by the House of Representatives and Senate to resolve disagreements on a particular bill...
considered the final bill in early December 1970. Union leaders pressured members of the conference committee to place the standard-setting function in the
Department of LaborThe United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
rather than an independent board. In return, unions agreed to let an independent review commission have veto power over enforcement actions. Unions also agreed to removal of a provision in the legislation which would have let the Secretary of Labor shut down plants or stop manufacturing procedures which put workers in "imminent danger" of harm. In exchange for a Republican proposal to establish an independent occupational health and safety research agency, Democrats won inclusion of the "general duty" clause and the right for union representatives to accompany a federal inspector during inspections. The conference committee bill passed both chambers on December 17, 1970, and President Nixon signed the bill on December 20, 1970.
The Act went into effect on April 28, 1971 (now celebrated as Workers' Memorial Day by American labor unions).
Description
In passing the Act, Congress declared its intent "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources."
The Act created the
Occupational Safety and Health AdministrationThe United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
(OSHA), an agency of the Department of Labor. OSHA was given the authority both to set and enforce workplace health and safety standards. The Act also created the independent
Occupational Safety and Health Review CommissionThe Occupational Safety and Health Review Commission is an independent Federal agency created to decide contests of citations or penalties resulting from OSHA inspections of American work places....
to review enforcement priorities, actions and cases.
The Act also established the National Institute of Occupational Safety and Health (NIOSH), an independent research institute in the then-
Centers for Disease ControlThe Centers for Disease Control and Prevention are a United States federal agency under the Department of Health and Human Services headquartered in Druid Hills, unincorporated DeKalb County, Georgia, in Greater Atlanta...
.
The Act defines an employer to be any "person engaged in a business affecting commerce who has employees, but does not include the United States or any state or political subdivision of a State." The Act applies to employers as diverse as manufacturers, construction companies, law firms, hospitals, charities, labor unions and private schools.
Churches and other religious organizations are covered if they employ workers for secular purposes. The Act excludes the self-employed, family farms, workplaces covered by other federal laws (such as mining, nuclear weapons manufacture, railroads and airlines) and state and local governments (unless state law permits otherwise). The Act covers federal agencies and the
United States Postal ServiceThe United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
.
Section 5 of the Act contains the "general duty clause." The "general duty clause" requires employers to 1) Maintain conditions or adopt practices reasonably necessary and appropriate to protect workers on the job; 2) Be familiar with and comply with standards applicable to their establishments; and 3) Ensure that employees have and use personal protective equipment when required for safety and health. OSHA has established regulations for when it may act under the "general duty clause." The four criteria are 1) There must be a hazard; 2) The hazard must be a recognized hazard (e.g., the employer knew or should have known about the hazard, the hazard is obvious, or the hazard is a recognized one within the industry); 3) The hazard could cause or is likely to cause serious harm or
deathAn occupational fatality is a death that occurs while a person is at work or performing work related tasks. Occupational fatalities are also commonly called “occupational deaths” or “work-related deaths/fatalities” and can occur in any industry or occupation....
; and 4) The hazard must be correctable (OSHA recognizes not all hazards are correctable).
Although theoretically a powerful tool against workplace hazards, it is difficult to meet all four criteria. Therefore, OSHA has engaged in extensive regulatory rule-making to meet its obligations under the law.
Due to the difficulty of the rule-making process (which is governed by the Administrative Procedures Act), OSHA has focused on basic mechanical and chemical hazards rather than procedures. Major areas which its standards currently cover are: Toxic substances, harmful physical agents, electrical hazards, fall hazards, hazards associated with trenches and digging, hazardous waste, infectious disease, fire and explosion dangers, dangerous atmospheres, machine hazards, and confined spaces.
Section 8 of the Act covers reporting requirements. All employers must report to OSHA within eight hours if an employee dies from a work-related incident, or three or more employees are hospitalized as a result of a work-related incident. Additionally, all fatal on-the-job heart attacks must also be reported. Section 8 permits OSHA inspectors to enter, inspect and investigate, during regular working hours, any workplace covered by the Act. Employers must also communicate with employees about hazards in the workplace. By regulation, OSHA requires that employers keep a record of every non-consumer chemical product used in the workplace. Detailed technical bulletins called material safety data sheets (MSDSs) must be posted and available for employees to read and use to avoid chemical hazards. OSHA also requires employers to report on every injury or job-related illness requiring medical treatment (other than
first aidFirst aid is the provision of initial care for an illness or injury. It is usually performed by non-expert, but trained personnel to a sick or injured person until definitive medical treatment can be accessed. Certain self-limiting illnesses or minor injuries may not require further medical care...
) on OSHA Form 300, "Log of Work-Related Injuries and Illnesses" (known as an "OSHA Log" or "Form 300"). An annual summary is also required and must be posted for three months, and records must be kept for at least five years.
Section 11(c) of the Act prohibits any employer from
discharging, retaliating or discriminatingA whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
against any employee because the worker has exercised rights under the Act. These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection.
Section 18 of the Act permits and encourages states to adopt their own occupational safety and health plans, so long as the state standards and enforcement "are or will be at least as effective in providing safe and healthful employment" as the federal OSH Act. States that have such plans are known as "OSHA States." As of 2007, 22 states and territories operated complete plans and four others had plans that covered only the public sector.
See also
- Factory Acts
The Factory Acts were a series of Acts passed by the Parliament of the United Kingdom to limit the number of hours worked by women and children first in the textile industry, then later in all industries....
(UK)
- Occupational Safety and Health Act 1994
The Occupational Safety and Health Act 1994 is a piece of Malaysian legislation which was gazetted on 25 February 1994 by the Malaysian Parliament....
(Malaysia)
- Hazard prevention
Hazard prevention refers to the prevention of risks. The first and most effective stage of hazard prevention and emergency management is the elimination of hazards...
- Health and Safety at Work etc. Act 1974 (UK)
- Occupational fatality
An occupational fatality is a death that occurs while a person is at work or performing work related tasks. Occupational fatalities are also commonly called “occupational deaths” or “work-related deaths/fatalities” and can occur in any industry or occupation....
External links