The Occupational Safety and Health Act is a pivotal piece of legislation passed by the U.S. Congress in 1970 to ensure safe workplace conditions across the country. This landmark law established the federal Occupational Safety and Health Administration (OSHA), which sets and enforces workplace health and safety standards.
Key Takeaways
- The Occupational Safety and Health Act of 1970 sets workplace standards to protect employees from hazards compromising their safety and health.
- It applies to most private sector employers and employees, as well as some public sector workers.
- The OSH Act established the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).
- OSHA enforces the act by imposing fines and penalties on employers that fail to adhere to the rules, standards, and guidelines.
Understanding the Occupational Safety and Health Act
Signed into law by President Richard Nixon in December 1970, the Occupational Safety and Health Act (OSH Act) was created to authorize standard work practices ensuring safe working conditions. Congress identified that workplace injuries and illnesses led to reduced production, lower wages, and increased healthcare costs and disability compensation. The OSH Act aims to shield workers from hazards such as toxic chemicals, excessive noise, thermal stress, and unsanitary conditions.
To support states and territories in adopting safe and healthful working conditions, the act provided for related research, education, and training. While most states partially or fully control occupational health and safety standards for their employees, the OSH Act maintains broad reach.
The OSH Act established two major entities:
- Occupational Safety and Health Administration (OSHA): A division of the U.S. Department of Labor, it sets and enforces workplace health and safety standards.
- National Institute for Occupational Safety and Health (NIOSH): Conducts research and recommends preventive solutions for work-related illnesses and injuries.
The OSH Act covers most private-sector employers and workers, along with some public-sector employers and employees in the 50 states, certain territories, and jurisdictions under federal authority. However, self-employed individuals, workers on small family farms, and those in industries regulated by separate federal agencies are not protected by this law.
In September 2021, as a response to the COVID-19 pandemic, President Joe Biden tasked OSHA with drafting an emergency temporary standard for businesses with over 100 workers to mandate vaccinations or implement weekly testing and offer paid time off for vaccinations.
What Does OSHA Do?
Occupational Safety and Health Administration (OSHA) acts as the enforcement arm of the OSH Act. Though the legislation authorizes OSHA to establish industry-specific guidelines, it also includes a “general duty” clause applicable to all employers across industries. This clause, Section 5(a)(1) of the act, serves as OSHA’s core mandate, requiring employers to provide a safe environment for their employees.
The general duty clause officially states:
“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; (2) shall comply with occupational safety and health standards promulgated under this Act.”
The act further mandates that:
“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.”
In several states, OSHA-authorized state agencies help in setting and enforcing job safety standards. These state standards must be at least as stringent as federal guidelines.
OSHA ensures compliance by conducting workplace inspections. Employers found in violation face penalties and fines, adjusted annually for inflation. For 2021, fines range from $975 to $13,653 per violation. The most severe violations, described as “willful or repeated,” can carry penalties up to $136,532 per violation.
| Fines Imposed on Employers for Violating OSHA Rules | |
|---|---|
| Type of Violation | Maximum Penalty |
| Serious Other-Than-Serious Posting Requirements | $13,653 per violation |
| Failure to Abate | $13,653 per day beyond the abatement date |
| Willful or Repeated | $136,532 per violation |
These penalties are current as of January 2021. The severity of the violation and the number of affected workers within the company influence the fine size. Businesses employing 10 or fewer workers might receive up to an 80% reduction in penalties; those with 21 to 30 employees get a 50% reduction, while companies with more than 250 workers pay the full penalty amount.
Related Terms: Employee Rights, Workplace Hazards, Health and Safety Standards.
References
- U.S. Department of Labor. “OSH Act of 1970”, Introduction.
- U.S. Department of Labor. “The Job Safety Law of 1970: Its Passage Was Perilous”.
- U.S. Department of Labor. “OSH Act of 1970”, Sec. 22.
- U.S. Department of Labor. “About OSHA”.
- U.S. Department of Labor. “OSH Act of 1970”, Historical Notes.
- Whitehouse.gov. “Path Out of the Pandemic.”
- U.S. Department of Labor. “OSH Act of 1970”, Sec. 5.
- U.S. Department of Labor. “OSHA Penalties”.
- U.S. Department of Labor. “2021 Annual Adjustments to OSHA Civil Penalties”.
