the occupational safety and health act. objectives this class session is intended to familiarize...
TRANSCRIPT
The Occupational Safety and Health Act
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
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
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
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.
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.
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.
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, Johnson’s 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.
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. O’Hara of Michigan and Senator Harrison Williams, Jr. of New Jersey.
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 O’Hara 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.
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
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).
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.
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. “
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”.
Major Provisions of the OSH Act
3. Definitions• Several important terms are provided,
including “employer”, “employee”, “occupational safety and health standard”
4. Applicability• “This Act shall apply with respect to
employment performed in a workplace”
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.
Major Provisions of the OSH Act
5. DutiesA. Each Employer2. 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.
Major Provisions of the OSH Act
6. 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.
Major Provisions of the OSH Act
7. Advisory committees– Procedures for establishing the National
Advisory Committee on Occupational Safety and Health.
8. Inspections, Investigations, and Recordkeeping
– OSHA has the authority to enter and inspect. – Employers must keep records. – Employees can request inspections
Major Provisions of the OSH Act
9. Citations– OSHA can issue citations for violations– Citations must be posted– Violations must be corrected
10.Enforcement– Employers may contest citations
Major Provisions of the OSH Act
11.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
Major Provisions of the OSH Act
14. Civil Litigation
15. Confidentiality of trade secrets
16. Variations, tolerances and exemptions
17. Penalties
18. State plans
Major Provisions of the OSH Act
19. Federal agency programs
20. Research
21. Training
22. NIOSH
23. Grants to states
Major Provisions of the OSH Act
24. Statistics
25. Audits
26. Annual report
27. Workmen’s compensation
28. Assistance to small business
Major Provisions of the OSH Act
29. Assistant secretary of labor
30. Additional positions
31. Emergency locator beacons
32. Appropriations
33. Effective Date
Major Provisions of the OSH Act