The Occupational Safety and Health Act (OSHA) is a crucial federal law that protects workers' safety and health. It sets standards for workplace conditions, requires employers to provide safe environments, and gives employees the right to report hazards without fear of retaliation.

OSHA covers most private sector employers and workers in all 50 states. It establishes employer responsibilities, employee rights, and enforcement mechanisms. The Act also outlines recordkeeping requirements, training obligations, and whistleblower protections to ensure comprehensive workplace safety.

Occupational Safety and Health Act overview

• The Occupational Safety and Health Act (OSHA) is a federal law that sets and enforces standards to ensure safe and healthful working conditions for employees
• OSHA covers most private sector employers and their workers, as well as some public sector employers and workers in the 50 states and certain territories under federal authority
• The Act establishes the Occupational Safety and Health Administration within the Department of Labor to administer and enforce the law

OSHA's purpose and scope

• Ensure safe and healthful working conditions for employees by setting and enforcing standards and providing training, outreach, education and assistance
• Covers most private sector employers and their workers in all 50 states, the District of Columbia, and other U.S. jurisdictions either directly through Federal OSHA or through an OSHA-approved state plan
• Applies to most employment in the private sector, with some exceptions such as self-employed workers, family members of farm employers, and workers in industries regulated by other federal agencies

Employer responsibilities under OSHA

• Provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm to employees
• Comply with OSHA standards and regulations applicable to their workplace
• Ensure employees have and use safe tools and equipment and properly maintain this equipment
• Provide safety training to employees in a language and vocabulary they can understand
• Keep accurate records of work-related injuries and illnesses

Employee rights under OSHA

• Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace in a language they understand
• Review records of work-related injuries and illnesses
• File a complaint asking OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHA's rules
• Exercise their rights under the law without retaliation or discrimination

OSHA standards and regulations

• OSHA standards are rules that describe the methods employers must use to protect their employees from hazards
• Standards limit the amount of hazardous chemicals workers can be exposed to, require the use of certain safe practices and equipment, and require employers to monitor hazards and maintain records of workplace injuries and illnesses
• OSHA standards cover a wide range of workplace hazards, including toxic substances, electrical hazards, fall hazards, hazardous waste, machine hazards, infectious diseases, fire and explosion hazards, dangerous atmospheres, and confined spaces

Types of OSHA standards

• General industry standards (29 CFR 1910) apply to most workplaces
• Construction standards (29 CFR 1926) apply to construction sites
• Maritime standards (29 CFR 1915-1919) apply to shipyards, marine terminals, and longshoring
• Agriculture standards (29 CFR 1928) cover agricultural operations

Process for developing standards

• OSHA can begin standards-setting procedures on its own initiative or in response to petitions from other parties, including the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health (NIOSH), state and local governments, employer or labor representatives, or any other interested person
• The process involves input from industry and labor representatives, and the standards are based on research, data, and stakeholder feedback
• Proposed standards are published in the Federal Register to allow for public comment before being finalized

General industry vs construction standards

• General industry standards apply to most workplaces not covered by specific industry standards
• Construction standards are more stringent due to the inherently hazardous nature of construction work
• Employers engaged in construction work must comply with both the general industry and construction standards as applicable to their work sites and operations

OSHA enforcement and compliance

• OSHA enforces its standards and regulations through inspections, investigations, citations, and penalties
• Compliance Safety and Health Officers (CSHOs) conduct inspections without advance notice, though employers have the right to require compliance officers to obtain an inspection warrant before entering the worksite
• Inspections are prioritized based on the severity of the hazard, with imminent danger situations given top priority, followed by fatalities and catastrophes, worker complaints, referrals, and targeted inspections

OSHA inspections and investigations

• OSHA conducts inspections without advance notice, except in rare circumstances (imminent danger, inspection would be more thorough after regular working hours)
• Inspections can be triggered by worker complaints, referrals from other agencies, targeted industry initiatives, or as follow-ups to previous inspections
• On-site inspections include an opening conference, walk-through of the workplace, employee interviews, and a closing conference to discuss findings

Citations and penalties for violations

• When OSHA finds violations of standards or serious hazards, it may issue citations and fines
• Citations describe OSHA requirements allegedly violated, list any proposed penalties, and give a deadline for correcting the alleged hazards
• Violations are categorized as willful, serious, other-than-serious, de minimis, failure to abate, or repeated
• Penalty amounts depend on the severity of the violation, the employer's size, good faith, and history of previous violations

Contesting OSHA citations

• Employers have the right to contest any part of the citation, including the amount of time given to correct the violation, the penalty amount, or the violation itself
• Employees only have the right to challenge the deadline for correcting hazards
• Appeals must be made in writing within 15 working days of receiving the citation
• The first step in contesting a citation is an informal conference with the OSHA area director, which can lead to settlement agreements or proceed to formal hearings before an administrative law judge

Recordkeeping requirements

• OSHA requires covered employers to prepare and maintain records of work-related injuries and illnesses
• Employers with more than 10 employees and whose establishments are not classified as a partially exempt industry must record serious work-related injuries and illnesses using OSHA Forms 300, 300A, and 301
• Records must be maintained at the worksite for at least five years, with the exception of the OSHA 300A form, which must be posted annually from February 1 to April 30

Reporting and recordkeeping obligations

• OSHA's reporting and recordkeeping requirements are designed to help employers and employees identify and eliminate hazardous conditions in the workplace
• Accurate records allow OSHA to compile national statistics on workplace injuries and illnesses, which inform the development of standards and enforcement priorities
• Recordkeeping also helps employers evaluate the effectiveness of their safety and health programs and identify areas for improvement

Reporting work-related injuries and illnesses

• Employers must report any worker fatality to OSHA within 8 hours
• Employers must report any amputation, loss of an eye, or hospitalization of a worker within 24 hours
• All work-related injuries and illnesses that meet OSHA's recordkeeping criteria must be recorded on the appropriate forms within 7 calendar days of receiving information about the incident

OSHA Forms 300, 300A, and 301

• Form 300 (Log of Work-Related Injuries and Illnesses) is used to classify work-related injuries and illnesses and to note the severity of each case
• Form 300A (Summary of Work-Related Injuries and Illnesses) shows the total number of work-related injuries and illnesses for the year in each category, and must be posted annually from February 1 to April 30
• Form 301 (Injury and Illness Incident Report) provides additional details about each work-related injury or illness recorded on Form 300

Access to employee medical records

• Employers must provide employees, their designated representatives, and OSHA with access to employee medical and exposure records
• Access to these records helps ensure that employers and employees can evaluate health hazards in the workplace and take appropriate preventive measures
• OSHA standards on access to employee medical and exposure records (29 CFR 1910.1020) detail the procedures for handling confidential medical information and the rights of employees, their representatives, and OSHA to access these records

Employee safety training and education

• OSHA standards require employers to provide training to workers who face hazards on the job
• Training requirements vary by industry, but most require employers to ensure that workers know about the hazards they may encounter, how to recognize them, and how to protect themselves
• Effective training and education programs are essential for preventing workplace injuries, illnesses, and fatalities

Employer-provided training requirements

• Employers must provide training to workers in a language and vocabulary they can understand
• Training must be provided at no cost to the employee and during working hours
• Required training topics may include hazard recognition, safe work practices, emergency procedures, and the proper use of personal protective equipment
• Employers must provide refresher training as needed to ensure that workers maintain their understanding of the safety and health hazards they may face

OSHA outreach and education programs

• OSHA provides a variety of training and education programs to help employers and workers understand and comply with safety and health standards
• The OSHA Training Institute (OTI) Education Centers offer courses on OSHA standards and occupational safety and health topics
• OSHA's Outreach Training Program provides 10-hour and 30-hour training courses for workers in construction, general industry, maritime, and disaster site work
• The Voluntary Protection Programs (VPP) recognize employers and workers who have implemented effective safety and health management systems and maintain injury and illness rates below the national average for their industries

Hazard communication and right-to-know

• OSHA's Hazard Communication Standard (HCS) requires employers to provide information to workers about the hazardous chemicals they may be exposed to in the workplace
• Employers must develop and implement a written hazard communication program, provide safety data sheets (SDSs) for each hazardous chemical, ensure that containers are properly labeled, and train workers on the hazards and protective measures
• The HCS is designed to ensure that workers have the right to know about the hazards they face and how to protect themselves

Whistleblower protection under OSHA

• OSHA's Whistleblower Protection Program enforces the whistleblower provisions of more than 20 federal statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws
• These laws protect workers who report injuries, safety concerns, or other protected activity from retaliation by their employers, such as firing, demotion, or reduction in pay or hours

Prohibited retaliation against employees

• Employers are prohibited from retaliating against employees who exercise their rights under OSHA, including filing a safety or health complaint, reporting a work-related injury or illness, or requesting an OSHA inspection
• Retaliation can include firing, demotion, harassment, reduction in pay or hours, or any other adverse action taken against an employee for engaging in protected activity
• OSHA's Whistleblower Protection Program investigates complaints of retaliation and can order remedies such as reinstatement, back pay, and compensatory damages

Filing whistleblower complaints

• Employees who believe they have been retaliated against for exercising their rights under OSHA can file a complaint with OSHA's Whistleblower Protection Program
• Complaints must be filed within 30 days of the alleged retaliation, except for complaints under the Seaman's Protection Act, which allows 180 days
• OSHA will investigate the complaint and, if it finds merit, will issue an order requiring the employer to take corrective action

Remedies for OSHA whistleblowers

• If OSHA determines that an employer has retaliated against a whistleblower, it can order the employer to reinstate the employee, pay back wages, restore benefits, and pay compensatory damages, attorney's fees, and other relief
• In cases where OSHA does not issue a final decision within certain timeframes, the whistleblower may file a complaint in federal district court seeking a jury trial
• Employees who prevail in a whistleblower complaint are entitled to reinstatement with the same seniority status, back pay with interest, and compensation for any special damages, including litigation costs, expert witness fees, and reasonable attorney fees

Interplay between OSHA and state laws

• OSHA encourages states to develop and operate their own job safety and health programs, known as State Plans
• State Plans must be approved and monitored by OSHA to ensure they are at least as effective as the federal program
• Once a State Plan is approved, it operates in place of the federal OSHA program in that state

Federal OSHA vs state-plan states

• States can choose to operate their own occupational safety and health programs, known as State Plans
• State Plans must cover both private and public sector workers and be at least as effective as the federal OSHA program
• Currently, there are 22 states and jurisdictions operating complete State Plans covering both the private sector and state and local government employees, and there are six State Plans covering only state and local government employees

Preemption of state laws by OSHA

• The OSH Act generally preempts state laws and regulations relating to occupational safety and health issues that are addressed by federal OSHA standards
• However, states are permitted to regulate occupational safety and health issues for which no federal standard exists, or to enact standards that are more stringent than the corresponding federal standard
• In State Plan states, the State Plan preempts federal OSHA standards and enforcement for most private sector workplaces

Coordination between federal and state agencies

• In states with OSHA-approved State Plans, the state agencies work in tandem with federal OSHA to enforce workplace safety and health standards
• Federal OSHA provides funding, oversight, and technical support to State Plans, but the day-to-day enforcement is carried out by the state agencies
• State Plans must provide worker protection that is at least as effective as that provided under the federal program, and they are subject to annual evaluations by federal OSHA to ensure they are meeting this requirement