OSHA

February 16, 2011

OSHAct

Signed by President Nixon 12/1970 after legislative efforts begun by President Johnson in 1966

“To assure safe and healthful working conditions”

Set standards, enforcement, training, educate, compliance assistance, research, etc.

OSHAct History

State factory safety and health laws– First in Massachusetts (1877) and then in several

other states– Required inspectors with varied authority– Dealt with issues such as machine guarding, fire

exits, etc.– Piecemeal and state-by-state

OSHA

1972– Worker injuries/illnesses

10.9 per 100 workers

1970– Worker deaths

14,000

2009– Worker injuries/illnesses

3.6 per 100 workers

2008– Worker deaths

5,214

OSHAct History

Workplace tragedies impacts include:– Mining disaster in1907 in Monongah, West Virginia

where 362 coal miners were killed led to creation of US Bureau of Mines in 1910

– Triangle Shirtwaist factory fire in New York in 1911 resulting in 146 garment worker deaths led to state level changes

– Mining disaster in 1968 in Farmington, West Virginia where 68 miners were killed led to passage of the Coal Mine Health and Safety Act in 1969

OSHAct History

Establishment of workers’ compensation laws (first in Wisconsin in 1911 and by 1921 most states had enacted such programs)

Development of state industrial commissions to develop and enforce safety and health regulations

OSHAct History

US Department of Labor created in 1913 and it compiled industrial accident statistics

Bureau of Labor Standards created in 1934 Social Security Act of 1935 Fair Labor Standards Act of 1938 Walsh-Healey Public Contracts Act of 1936 Longshoremen’s and Harbor Workers’ Compensation Act

amendments in 1958 DOL issued mandatory health and safety guidelines under Walsh-

Healey Act in 1960 Public Health Service report “Protecting the Health of Eighty Million

Americans” in 1965

OSHA

Created 3 federal agencies:– OSHA– NIOSH– OSH Review Commission

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Reduction in workplace injuries and deaths

Coverage Federal and state plans

OSHA

OSHAct: Employers

– Employers “shall comply with occupational safety and health standards promulgated under this Act”

– Employers are subject to General Duty Clause

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OSHAct: Employees– Employees “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”

– Employee right to refuse dangerous work under certain conditions

– Employees are not cited

OSHA

Standard Setting– Initial standard setting (using available national

standards)– Subsequent standard setting– Emergency standard setting (grave danger)

OSHA

Standard Setting– Types of standards:

General Industry Construction Maritime Agriculture

OSHA

Standard Setting– Applies to new, modification, revocation– Can begin internally or from outside request– May request advisory input– Publish advanced notice/proposed rules in Fedreal

Register with opportunity for public input– Issue rule or determine rule not issued

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Standard Setting– For toxic materials or harmful physical agents:

“shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard .. for the period of his working life.”

OSHA

Standards– Can be specification or performance-based– Typical components include exposure limits,

control technology, medical examinations, labels/warnings, training/education, monitoring, etc.

OSHA

Bases for Standard Challenges include:

Standard setting process not followed Technical feasibility Economic feasibility Benefit to worker safety/health not proven

OSHA

Variances Interpretations Enforcement Directives

OSHA

Standards (29 CFR 1910)– Multiples types including personal protective

equipment, scaffolds, fall protection, noise, ventilation, hazardous materials, confined spaces, lockout/tagout, fire protection, machinery, electrical, toxic and hazardous substances, hazard communication, etc.

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Standard Setting Examples– Bloodborne Pathogens– Indoor Air Quality– Air Contaminants– Ergonomics

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General Duty Clause– Applies when no specific standard applies– “Each employer 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”

OSHA

General Duty Clause Violations1. Failure to keep workplace free of hazard

2. Hazard recognized by employer or employer’s industry

3. Recognized hazard causing or likely to cause death or serious physical harm

4. Feasible means to eliminate or materially reduce hazard

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Enforcement activities– Programmed/Unprogrammed Inspections (ex.

Severe Violator Enforcement Program, Local Emphasis Programs, etc.)

– Citations– Criminal Prosecutions (DOJ)– Whistleblower Provisions

OSHA

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