Public Law91-596

Occupational Safety&

Health Act of 1970

OSH ACT

•Also called Williams-Steiger Act• Signed December 29, 1970•Effective April 29, 1971•Amended by Public Law 101-552

November 5, 1990

Prior to OSHA

•State factory laws• Federal legislation

Walsh-HealeyConstruction Safety ActWorkers' Compensation

•Voluntary Compensation

Reasons for OSH Act

Failure of existing programsState programs limitedFederal programs partial

Injuries/illness increasing

Purpose of OSH Act

“... to assure...every working man and women in the Nation safe and healthful working conditions and to preserve our human resources...”

Definitions - Section 3

•EMPLOYER: Person engaged in a business affecting commerce who has employees; does not include United States or other government entity.

•EMPLOYEE: Employed by employer who affects commerce.

Applicability of the Act(Jurisdiction)

Section 4(b)(1) - OSH Act does not apply where other Federal agencies exercise authority over occupational safety and health.

Duties

•Section 5(1)(1), General Duty Clause - Each employer shall furnish employment free from recognized hazards...•Section 5(a)(1) - Each employer shall comply with OSHA standards•Section 5(b) - Employees must comply with applicable rules and regulations

Occupational Safety & Health Standards

•Section 6(a) - OSHA given authority to promulgate start-up standards without rule making.•Section 6(b) - Covers rule making procedure.•Section 6(c) - Emergency temporary standards.•Section 6(d) - Variances

Inspection, Investigations &Recordkeeping

Section 8(a) - OSHA representatives are authorized to:

(1) enter without delay, at reasonable times(2) inspect during regular working hours at reasonable times and to question privately employers and employees

Inspection, Investigations &Recordkeeping

Section 8(b) - Subpoena powerSection 8(c) - Recordkeeping and postingSection 8(f) - Employees right of complaint

Citations - Section 9

(a) - If employer has violated Section 5 of Act or any standard, rule or order related to Section 6 of Act, citation shall be issued. Each citation shall:

•Be in writing.•Describe particular violation with reference to Act, standard, rule, regulation or order.•Fix reasonable abatement period.

Citations - Section 9

(b) - Posting of citations

(c) - Time limitation of 6 months following violation

(NOTE: If employer concealed violation, time limitation is suspended.)

Procedure for EnforcementSection 10

Employer’s right of contest

Employee’s right of contest -abatement dates only

Judicial Review

Section 11(a) - Appeal/Review of Commission order

Section 11(c) - Prohibits discrimination against employees filing complaints under OSHA

Occupational Safety & HealthReview Commission - Section 12

Establishes membership and terms of Review Commission (OSHRC)

OSHRC acts independently of OSHA

Procedures to CounteractImminent Dangers - Section 13

Allows OSHA to petition for restraining order in cases of Imminent Danger.

Confidentiality of Trade SecretsSection 15

OSHA considers trade secrets to be confidential information.

(NOTE: Procedures for handling trade secrets are set forth in the FIRM.

State Jurisdiction & State Plans

Section 18(a) - If no Federal standard is in effect, State may issue their own.

Section 18(b) - States may assume responsibility for safety and health program; Federal OSHA must approve plan.

Penalties - Section 17Defines serious violation and specifies monetary penalties for different violations.

(a) For willful and repeated violations to a maximum of $70,000 (but not less than $25,000 for willful.

(b) & (c) For serious and other violations to a maximum of $7,000.

(d) For failure to abate to a maximum of $7,000 for each day violation continues.

Penalties - Section 17 Continued

(f) For giving advance notice without authority, a maximum of $1,000 or imprisonment for not more than 6 months, or both.

Penalties - Section 17

(g) For false statements, representation, or certification on documents maintained pursuant to the Act, a maximum of $10,000, or imprisonment for not more than 6 months, or both.

Penalties - Section 17

(k) Definition of serious violation: substantial probability that death or serious physical harm could result... unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

Federal Agency Safety & HealthPrograms & Responsibilities

Federal agencies must have effective occupational safety and health programs.

Executive Order 12196 further defines the responsibilities of Federal agencies.

Research & Related ActivitiesSection 20

The Department of Health and Human Services (formerly Health, Education, and Welfare) is responsible for most of the research functions under the Act.

The National Institute for Occupational Safety and Health (NIOSH) carries out most of these functions.

Training & Employee EducationSection 21

Training and education responsibilities are shared by DOL and HHS.

Training is authorized directly or through grants.

National Institute for OccupationalSafety & Health - Section 22

This establishes NIOSH, part of HHS

Grants to the StatesSection 23

DOL is authorized to make grants to the states to assist in the operation of their occupational safety and health program.

Statistics - Section 24

DOL is authorized to collect and analyze statistics of occupational fatalities, injuries, and illnesses. Data is collected and compiled by the Bureau of Labor Statistics (BLS).