Occupational Safety and Health Act

Overview

The Occupational Safety and Health Act (OSHA) is a federal law in the United States that was enacted in 1970. The law was established to ensure worker and workplace safety. Its main goal is to ensure that employers provide their employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions.

History

The Occupational Safety and Health Act was passed by Congress and signed into law by President Richard Nixon on December 29, 1970. The Act was a response to public outcry over the rising number of deaths and injuries in the workplace, and was designed to ensure workers' right to a safe and healthful working environment. The Act established the Occupational Safety and Health Administration (OSHA), a federal agency under the Department of Labor, to enforce its provisions.

Provisions of the Act

The Occupational Safety and Health Act covers most private sector employers and their workers, in addition to some public sector employers and workers in the 50 states and certain territories and jurisdictions under federal authority. The Act assigns OSHA two regulatory functions: setting standards and conducting inspections to ensure that employers are providing safe and healthful workplaces. OSHA standards may require that employers adopt certain practices, means, methods, or processes reasonably necessary and appropriate to protect workers on the job. Employers must become familiar with the standards applicable to their establishments and eliminate hazards.

Enforcement

OSHA is responsible for enforcing the Occupational Safety and Health Act. The agency conducts inspections of workplaces to ensure compliance with the Act and its regulations. Inspections are initiated without advance notice, conducted using on-site or telephone and facsimile investigations, performed by highly trained compliance officers and scheduled based on the following priorities: imminent danger, catastrophes – fatalities or hospitalizations, worker complaints and referrals, targeted inspections – particular hazards, high injury rates, and follow-up inspections.

Rights and Responsibilities under the Act

Under the Occupational Safety and Health Act, employers have the responsibility to provide a safe workplace. This includes complying with all OSHA requirements, providing training, medical examinations and recordkeeping. Workers have the right to working conditions that do not pose a risk of serious harm, to receive information and training about hazards, to receive copies of test results done to find hazards in the workplace, and to review records of work-related injuries and illnesses.

Impact and Effectiveness

Since its enactment, the Occupational Safety and Health Act has had a significant impact on workplace safety. Workplace deaths and reported occupational injuries have dropped by more than 60 percent since the Act's inception, even though employment has nearly doubled. However, despite these improvements, every year, thousands of workers are injured or killed on the job. The effectiveness of the Act continues to be a topic of debate and research.

Criticism and Controversy

Critics of the Occupational Safety and Health Act argue that the law is not effective enough, pointing to the continued occurrence of workplace injuries and fatalities. Some argue that OSHA is too lenient with employers, while others believe the agency is too strict, hurting businesses and the economy. There has also been controversy over the cost of compliance with OSHA regulations, with some businesses arguing that the costs outweigh the benefits.