Occupational Safety & Health Act of 1970 11/07/96 5:24AM 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 OSH Act

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)

Prior to OSHA State factory laws Federal legislation Walsh-Healey Construction Safety Act Workers’ Compensation Voluntary programs by employers

Reasons for the OSH Act Failure of existing programs State programs Federal programs partial Injuries/Illnesses increasing

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 . . .”

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

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.

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

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

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

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

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)

Procedures for Enforcement Section 10 Employer’s right of contest Employee’s right of contest - abatement dates only

Judicial Review - Section 11 Section 11(a) - Appeal / Review of Commission order Section 11(c) - Prohibits discrimination against employee’s filing complaints under OSHA

Occupational Safety & Health Review Commission - Section 12 Establishes membership and terms of Review Commission (OSHRC) OSHRC acts independently of OSHA

Procedures to Counteract Imminent Dangers - Section 13 Allows OSHA to petition for restraining order in cases of imminent danger Imminent Danger

Confidentiality of Trade Secrets - Section 15 OSHA considers trade secrets to be confidential information. CONFIDENTIAL

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

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

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

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

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

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

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.

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

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)