• In pressing for prompt passage of workplace safety and

health legislation, New Jersey Senator Harrison A.

Williams Jr. said,

– "The knowledge that the industrial accident situation is

deteriorating, rather than improving, underscores the need for

action now."

• He called attention to the need to protect workers against

such hazards as noise, cotton dust, and asbestos*

*All are now covered by OSHA standards

Historical Perspectives

• In the House, Representative

William A. Steiger worked for

passage of a bill:

– "In the last 25 years, more than 400,000

Americans were killed by work-related

accidents and disease. This has resulted

in incalculable pain and suffering for

workers and their families. Such injuries

have cost billions of dollars in lost wages

and production."

Historical Perspectives

• On December 29, 1970,

President Richard M. Nixon

signed The Occupational

Safety and Health Act of

1970, also known as the

Williams-Steiger Act in honor

of the two men who pressed

so hard for its passage

OSH Act of 1970 becomes Law

OSH Act of 1970 becomes Law

• OSHA was created because of

public outcry against rising injury

and death rates on the job

• The Act is comprised of 34

sections

• http://www.osha.gov/pls/oshaweb/

owasrch.search_form?

p_doc_type=OSHACT&p_toc_level

=0&p_keyvalue=

• Authorizes OSHA to provide training programs

for employers and employees;

• Develops and enforces

job safety and health standards;

• Establishes employer recordkeeping and

reporting requirements;

• Provides for the development, evaluation and

approval of state programs

Section 2 - OSHA’S Purpose

• Applies to employment performed in a

workplace in a State, the District of Columbia,

Puerto Rico, and all US possessions.

Section 4 – The Act’s Coverage

Section 4 – The Act’s Coverage Those exempt from OSHA include:

Self-employed

Family farms

Government and subdivisions/those

covered by another statute (MSHA, FAA,

NRC, etc.)

Each employer –

(1) Shall furnish to each of his employees employment

and a place of employment which are free from

recognized hazards* that 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.

*Where OSHA has not passed specific standards, employers are responsible for following the Act’s

General Duty Clause. Section 5(a)(1) of the Act

Section 5 - Duties

• Establishes OSHA rulemaking procedures

• Provides for protection against toxic materials

– More specifically, “that no employee will suffer

material impairment of health or functional

capacity even if such employee has regular

exposure to the hazard dealt with by such

standard for the period of his working life”

Section 6 – Occupational Safety and Health Standards

• Procedures for the granting of variances from a

standard or any provision promulgated under the Act

• The use of labels necessary to ensure that

employees are apprised of:

– All hazards to which they are exposed,

– Relevant symptoms and appropriate emergency treatment,

and

– Proper conditions and precautions of safe use

Section 6 – Occupational Safety and Health Standards

Section 8 - Inspections, Investigations & Recordkeeping • OSHA representatives are authorized to:

– Enter without delay

– Inspect during regular working hours and at reasonable times

– Question privately employers and employees

• OSHA has subpoena power

• OSHA recordkeeping

• Employees right of complaint

Section 9 - Citations• If an employer violates Section 5 of The OSH Act or any

standard, rule or order related to Section 6, a citation may be issued. Each citation will:– Be in writing

– Describe the particular violation

– Set a reasonable abatement period

• Posting of citations

• Time limit - 6 months to issue citation

Section 10 - Enforcement • After an inspection OSHA will notify the

employer by certified mail of the citations

and/or penalty.

S M T W Th F Sa

Employer must notify OSHA within fifteen

working days from the receipt of the notice of the Citation(s) of intent

to contest the citation or proposed assessment of

penalty.

Section 11 - Judicial Review

• Provides for the appeal & review of orders issued by the

Occupational Safety and Health Review Commission

• Prohibits discrimination against employees filing

complaints under OSHA or for

disclosing safety and health issues

concerning the workplace

Section 12 - Occupational Safety & Health Review Commission

• Establishes membership and terms of

Review Commission (OSHRC)

• OSHRC acts independently of OSHA

• http://www.oshrc.gov

• Allows OSHA to petition for (obtain) a restraining order in cases of Imminent Danger.

• OSHA will:– Advise employer of imminent danger– Advise employees of rights

Section 13 - Procedures to Counteract Imminent Dangers

Section 17 - Penalties

• Penalties were increased in 1990

• Willful & Repeated Violations to a maximum of

$70,000 for each citation

• Minimum $5,000 for Willful

• Serious & Other Than Serious up to $ 7,000

• Failure to Abate to a maximum of $ 7,000 for each

day violation continues(up to 30 day max.)

Section 18 - State Plans

• Rules to provide for States to assume

responsibility for the development and

enforcement of occupational safety and

health in their own state

STATE PLAN STATES

Section 22 - National Institute for Occupational Safety and Health

• Establishes NIOSH to conduct research and training

• NIOSH provides national and world leadership

to prevent work-related illness, injury, disability,

and death by gathering information, conducting

scientific research, and translating the

knowledge gained into products and services.