What Is the Occupational Safety and Health Act?
You should know that the Occupational Safety and Health Act is a U.S. law passed by Congress in 1970 to make sure workplaces across the country are safe. It set up the federal Occupational Safety and Health Administration, or OSHA, which handles setting and enforcing standards for health and safety on the job.
Understanding the Occupational Safety and Health Act
I want to walk you through this: President Richard Nixon signed the Occupational Safety and Health Act, often just called the OSH Act, into law in December 1970. The goal was to create safe working environments by requiring standard practices. Congress recognized that injuries and illnesses at work were hurting production, cutting wages, and driving up medical costs and disability payments. This act protects workers from dangers like toxic chemicals, excessive noise, heat stress, and poor sanitation.
To help states and U.S. territories implement these safe conditions, the act includes provisions for research, education, and training. Many states manage their own occupational health and safety programs, either partially or fully.
The act created two key organizations. First, there's OSHA, part of the U.S. Department of Labor, which develops and enforces health and safety standards in workplaces. Second, there's the National Institute for Occupational Safety and Health, or NIOSH, which researches ways to prevent job-related illnesses and injuries and offers recommendations.
This law applies to most private-sector employers and their employees, plus some in the public sector across the 50 states and certain federal territories. It doesn't cover self-employed people, workers on small family farms, or those in industries overseen by other federal agencies.
Important Update on OSHA Standards
Pay attention to this: On November 4, 2021, OSHA put out an emergency temporary standard requiring businesses with over 100 employees to mandate COVID-19 vaccinations or regular testing, and to provide paid time off for workers to get vaccinated.
What Does OSHA Do?
Let me explain OSHA's role directly: As the enforcement side of the Occupational Safety and Health Act, OSHA can create guidelines specific to industries, but it also has a 'general duty' clause that applies everywhere. This clause, found in Section 5(a)(1) of the act, requires every employer to provide a workplace free from known hazards that could cause death or serious harm, and to follow all safety standards under the act.
The act also puts responsibility on employees to comply with these standards and rules that apply to their own behavior. In some areas, state agencies approved by OSHA handle setting and enforcing these job safety standards, but they have to be at least as tough as the federal ones.
OSHA carries out its work by inspecting workplaces and job sites. If violations are found, employers face penalties and fines, which get adjusted for inflation each year. For 2024, penalties range from $1,190 to $16,131 per violation, and in severe cases like willful or repeated violations, they can reach $161,323 per violation.
The fine amount depends on how serious the violation is and the size of the company. Smaller businesses with 10 or fewer employees might get up to an 80% reduction, those with 21 to 30 employees get 50%, but companies with more than 250 workers pay the full penalty.
Fines Imposed on Employers for Violating OSHA Rules
- Serious, Other-Than-Serious, Posting Requirements: $16,131 per violation
- Failure to Abate: $16,131 per day beyond the abatement date
- Willful or Repeated: $161,323 per violation
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