Transcript OSH Act

Public Law 91-596
Occupational Safety
& Health Act of 1970
OSH Act

Also called Williams-Steiger Act

Signed December 29, 1970

Effective April 29, 1971
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Amendments to Act

Amended by Public Law 101-552,
November 5, 1990 (Penalty Reform)

Amended by Public Law 105-198, July
16, 1998 (Codifies Consultation
Program and prohibits OSHA from using
penalty and citation quotas to evaluate
enforcement officers)

Amended by Public Law 105-241,
September 28, 1998 (Makes OSH Act
applicable to U.S. Postal Service in
same manner as any other employer)
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Prior to OSHA

State factory laws

Federal legislation
– Walsh-Healey
– Construction Safety Act
– Workers’ Compensation

Voluntary programs by employers
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Reasons for the OSH Act

Failure of existing programs
– State programs
– Federal programs partial

Injuries/Illnesses increasing
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Purpose of OSH Act

“. . . to assure . . . every working
man and woman in the Nation safe
and healthful working conditions
and to preserve our human
resources . . .”
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Definitions - Section 3

EMPLOYER: Person engaged
in a business affecting
commerce who has employees;
does not include United States
or other government entity; does
include U.S. Postal Service

EMPLOYEE: Employed by
employer who affects commerce
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Applicability of ACT
(Jurisdiction) - Section 4

Section 4(b)(1) - OSH Act does not
apply where other Federal
agencies exercise authority over
occupational safety and health.
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Duties - Section 5

Section 5(a)(1) - General Duty Clause:
Each employer shall furnish
employment free from recognized
hazards ....

Section 5(a)(2) - Each employer shall
comply with OSHA standards

Section (5)(b) - Employees must comply
with applicable rules and regulations
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Occupational Safety & Health
Standards - Section 6

Section 6(a) - OSHA given authority to
promulgate start-up standards without
rulemaking

Section 6(b) - Covers rulemaking
procedures

Section 6(c) -Emergency temporary
standards

Section 6(d) - Variances
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Advisory Committees;
Administration - Section 7

Section 7(a)(1) Establishes National
Advisory Committee
on Occupational
Safety and Health

Section 7(c)(1) Authorizes OSHA to
use the services and
personnel of States
or Federal agencies
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Inspections, Investigations, &
Recordkeeping - Section 8

Section 8(a) - OSHA representatives are
authorized to:
– (1) enter without delay, at reasonable times,
(NOTE: Marshall v. Barlow’s decision [1978]
requires warrant if denied entry)
and
– (2) inspect during regular working hours and
at reasonable times and to question privately
employers and employees

Section 8(b) - Subpoena power

Section 8(c) - Recordkeeping and posting

Section 8(f)(1) - Employees right of complaint
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Citations - Section 9

(a) If an employer has violated Section 5 of the 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

(b) Posting of citations

(c) Time limitation - 6 months following violation
(NOTE: If employer concealed violation, time limitation
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is suspended)
Procedures for Enforcement
Section 10

Employer’s right of contest

Employee’s right of contest abatement dates only
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Judicial Review - Section 11

Section 11(a) - Appeal / Review of
Commission order

Section 11(c) - Prohibits
discrimination against employee’s
filing complaints under OSHA
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Occupational Safety & Health
Review Commission - Section 12

Establishes membership and terms
of Review Commission (OSHRC)

OSHRC acts independently of
OSHA
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Procedures to Counteract
Imminent Dangers - Section 13

Allows OSHA to petition for
restraining order in cases of
imminent danger
Imminent
Danger
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Confidentiality of Trade
Secrets - Section 15

OSHA considers trade secrets to
be confidential information.
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Penalties - Section 17 $$$$$$

Defines serious violation and specifies monetary
penalties for different violations

This section has been amended by the Omnibus Budget
Reconciliation Act of 1990 (Public Law 101-552) which
increased penalties
– (a) For Willful and repeated violations to maximum of
$70,000 (but no less $5,000, 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
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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

(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

(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
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State Jurisdiction & State Plans
Section 18

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
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Federal Agency Safety & Health
Programs & Responsibilities - Section 19

Federal agencies (except the U.S.
Postal Service*) must have effective
occupational safety and health
programs

Executive Order 12196 further defines
the responsibilities of Federal agencies
* Amendment of 9/28/98 made the OSH Act
applicable to the U.S. Postal Service in the
same manner as any other employer
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Research & Related Activities
Section 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
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Training & Employee Education
Section 21



Training and education responsibilities
are shared by DOL and HHS
Training is authorized directly or
through grants
Section 21(d) - OSHA Consultation
Program codified by Public Law
105-198, 7/16/98
– Must include employee participation
– Conducted independently of enforcement
– Priority scheduling for small, high hazard businesses
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National Institute for
Occupational Safety & Health - Section 22

This establishes NIOSH, part of HHS
Although NIOSH and OSHA were
created by the same Act of Congress,
they are two distinct agencies with
separate responsibilities. OSHA is in the
Department of Labor and is responsible
for creating and enforcing workplace
safety and health Regulations. NIOSH is
in the Department of Health and Human
Services and is a research agency.
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Grants to the States
Section 23

DOL is authorized to make grants
to the states to assist in the
operation of their occupational
safety and health program
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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)
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