the occupational safety and health act. objectives this class session is intended to familiarize...

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The Occupational Safety and Health Act

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Page 1: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

The Occupational Safety and Health Act

Page 2: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

Objectives

• This class session is intended to familiarize students with the Williams-Steiger Occupational Safety and Health Act of 1970. Students should be able to:– Know the basic process that results in regulations– Appreciate the political and historical context of

the Act– Know key provisions of the Act

Page 3: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

IntroductionWhere to regulations come from?

• Much of our daily life is governed by regulatory agencies, but how did this happen? – Occupational Safety and Health Admin.and

regulations were created because Congress passed OSH Act.

– Congress passed the OSH Act because they believed it was a good idea

– Citizens, labor unions, and others encouraged Congress

• Therefore, we (the public) are the ultimate force behind the creation of laws and regulations. We, as a society, bring this upon ourselves to better the human situation

Page 4: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

OSHA History

• The first 0ccupational safety and health laws in the U.S. stemmed from the dangerous conditions of post-Civil War factories. – Massachusetts passed a factory inspection law in

1877– By 1890 nine states had factory inspection laws,

13 required machine guarding, and 21 had limited provisions for health hazards

Page 5: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

OSHA History

• The Progressive Era of the early 1900s saw an increased interest in protecting workers’ health and safety. – Studies brought to light the deplorable conditions

workers experienced– Several industrial disasters also helped raise

awareness of occupational safety and health– These forces prompted Congress to create the

Department of Labor in 1913.

Page 6: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

OSHA History• During the post-World War II era, the Federal government

began to take a stronger role, – Some of the previous progress in worker safety and

health was jeopardized.– A 1958 amendment to the Longshoremans, and Harbor

Workers’ Compensation Act involved the Labor Department in standard setting and enforcement.

– In 1960, the Labor Department issued a mandatory safety and health standard under the Walsh-Healy act. This was an unpopular action, and it prompted a “backlash” against Federal involvement in occupational safety and health.

Page 7: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

OSHA History

• The mid 1960s saw increased awareness and interest, due to heighten awareness of occupational cancer, an epidemic of deaths among uranium miners, and Union efforts.

Page 8: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

OSHA History

• In 1968 President Lyndon Johnson proposed a job safety and health program– “the shame of a modern industrial nation” that killed

14,000 and injured 2.2 million men each year. – In spite of support from organized labor and

activists, Johnson’s proposal failed.– Several other acts were passed:

• The Service Contracts Act of 1965• Federal Construction Safety and Health Act of 1969• 1966 Metal and Non-metallic Mine Safety Act• Coal Mine Health and Safety Act of 1969.

Page 9: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

OSHA History

• President Richard Nixon proposed safety and health legislation in August, 1969.– His version was criticized by labor and Democrats

due to the proposed administrative board. – A more liberal bill, similar to the Johnson bill of

1968, was proposed by Representative James G. O’Hara of Michigan and Senator Harrison Williams, Jr. of New Jersey.

Page 10: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

OSHA History

• Nixon supported the Williams bill after some changes were made, and it passed the Senate.

• Representative William R. Steiger of Wisconsin offered a more conservative bill to substitute for the O’Hara bill, and it passed easily in the House of Representatives.

• A House-Senate committee was formed to resolve differences between the two laws, resulting in the Williams-Steiger Occupational Safety and Health Act of 1970.

Page 11: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

Who is Covered by the Act

• Applies to employers and employees in such varied fields as manufacturing, construction, longshoring, agriculture, law and medicine, charity and disaster relief, organized labor and private education.

• Such coverage includes religious groups to the extent that they employ workers for secular purposes.

• Does not include the United States or any state or political subdivision of a State

Page 12: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

Who is Not Covered by the Act

• Self-employed persons• Farms at which only immediate members of the

farmer's family are employed• Working conditions regulated by other federal

agencies under other federal statutes.– Mmost employment in mining, nuclear energy and

nuclear weapons manufacture, and many segments of the transportation industries;

• Employees of State and local governments (unless the States has an OSHA-approved safety and health programs).

Page 13: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

Who is Not Covered by the Act

• Other federal agencies are sometimes authorized to regulate safety and health working conditions in a particular industry; if they do not do so in specific areas, then OSHA requirements apply.– EPA regulates pesticides– DOT regulates transportation, – Etc.

Page 14: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

Major Provisions of the OSH Act

1. Introduction– “To assure safe and healthful working conditions

for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes. “

Page 15: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

2. Congressional findings and purpose – Congress found workplace injuries and

illnesses hinder interstate commerce. Therefore, its intent is to “to assure so far as possible every working man and woman in the Nation a safe and healthful working condition and to preserve our human resources”.

Major Provisions of the OSH Act

Page 16: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

3. Definitions• Several important terms are provided,

including “employer”, “employee”, “occupational safety and health standard”

4. Applicability• “This Act shall apply with respect to

employment performed in a workplace”

Major Provisions of the OSH Act

Page 17: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

5. Duties

(A) 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;

This is the “general duty clause” OSHA cites when no specific OSHA standard applies.

Major Provisions of the OSH Act

Page 18: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

5. DutiesA. Each Employer2. shall comply with occupational safety and health

standards promulgated under this Act

B. 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.

Major Provisions of the OSH Act

Page 19: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

6. Occupational Safety and Health Standards– Procedures are established allowing

OSHA to “promulgate” regulations (“promulgate” means to give public notice, or first notice of; to make known; to publish; to proclaim regulations).

– Variances from standards are allowed under certain circumstances.

Major Provisions of the OSH Act

Page 20: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

7. Advisory committees– Procedures for establishing the National

Advisory Committee on Occupational Safety and Health.

8. Inspections, Investigations, and Recordkeeping

– OSHA has the authority to enter and inspect. – Employers must keep records. – Employees can request inspections

Major Provisions of the OSH Act

Page 21: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

9. Citations– OSHA can issue citations for violations– Citations must be posted– Violations must be corrected

10.Enforcement– Employers may contest citations

Major Provisions of the OSH Act

Page 22: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

11.Judicial review– Employers may appeal– No one shall discriminate against an employee

who complains to OSHA

12. Occupational Safety and Review Commission

13. Imminent Dangers

Major Provisions of the OSH Act

Page 23: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

14. Civil Litigation

15. Confidentiality of trade secrets

16. Variations, tolerances and exemptions

17. Penalties

18. State plans

Major Provisions of the OSH Act

Page 24: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

19. Federal agency programs

20. Research

21. Training

22. NIOSH

23. Grants to states

Major Provisions of the OSH Act

Page 25: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

24. Statistics

25. Audits

26. Annual report

27. Workmen’s compensation

28. Assistance to small business

Major Provisions of the OSH Act

Page 26: The Occupational Safety and Health Act. Objectives This class session is intended to familiarize students with the Williams-Steiger Occupational Safety

29. Assistant secretary of labor

30. Additional positions

31. Emergency locator beacons

32. Appropriations

33. Effective Date

Major Provisions of the OSH Act