Public Law 91-596

Occupational Safety & Health Act of 1970

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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 is suspended)

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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 CounteractImminent Dangers - Section 13

Allows OSHA to petition for restraining order in cases of imminent danger

Imminent Imminent DangerDanger

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Confidentiality of Trade Secrets - Section 15

OSHA considers trade secrets to be confidential information.

CONFIDENTIALCONFIDENTIAL

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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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(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

Penalties - Section 17 continued

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State Jurisdiction & State PlansSection 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)