Occupational Safety and Health Act : Working, Rights, Responsibilities and FAQs

What is Occupational Safety and Health Act?

Occupational Safety and Health Act is a federal law that was formed by US Congress in 1970. Occupational Safety and Health Act refers to the act that contains provisions to provide a healthy and safe environment for employees at their workplace. To maintain a healthy and safe environment, the act has laid some rules that need to be followed by all government and private organisations. To ensure that everyone is following them, inspections are done on the basis of reports or a random basis. It spreads awareness about safety and health through its training programs. It also keeps records of illnesses or injuries caused in the workplace. It encourages workers to report their safety concerns in the workplace without any fear.

Why was the Occupational Safety and Health Act formed?

1. Rising Concerns for Worker Safety: There were very high numbers of workplace injuries, illnesses, and deaths occurring during the 1960s in the U.S. According to the statistics of the Bureau of Labour, there have been 14,000 work-related fatalities, and 2.5 million disabling injuries happened in 1969. So, to reduce them, this act was formed to create a system of occupational safety and health that has proper standards, enforcement, research, education, and training.

2. Historical Workplace Tragedies: High-profile workplace incidents, such as the 1968 Farmington Mine disaster and the Triangle Shirtwaist Factory fire in 1911, highlighted the need for stronger regulations to prevent catastrophic events and protect workers.

3. Public Awareness and Advocacy: One of the important motives of this act is to form public awareness on the topics of Safety and Health in the workshop. So, it can increase the overall safety standards of the organisation.

4. Worker Empowerment: This act provides provisions which help in the empowerment of employees so that they can address the issues related to their safety in the workplace. If there are no laws, workers cannot report an unhealthy environment and feel powerless regarding these issues.

Working of Occupational Safety and Health Act

The OSH Act formed two federal agencies to carry out its provisions,

• Occupational Safety and Health Administration (OSHA)
• Occupational Safety and Health Review Commission (OSHRC)

I. Occupational Safety and Health Administration (OSHA)

OSHA was formed to make standards for tackling issues regarding occupational Safety. It works under the United States Department of Labour. It also provides education, conducts inspections, etc., to ensure safe and healthy working conditions for Americans. It covers the private sector companies, industries as well as some public sector employers and employees, such as federal agencies, state and local governments, and the U.S. Postal Service.

• OSHA conducts inspections either on a random basis or on the basis of complaints, applications, or fatalities.
• During this inspection, OSHA officers check for compliance with the applicable standards, identify and evaluate hazards, interview employees and employers, and collect samples and measurements.
• If they find any policy or standard violation, they will impose a fine based on the severity, willfulness, and history of the violation.

II. Occupational Safety and Health Review Commission (OSHRC)

OSHRC is an independent agency whose main task is to review the actions and adjust disputes between OSHA and employers. The OSHRC agency has three commissioners who are appointed by the president and also a staff of administrative judges and other personnel. OSHRC conducts hearings and issues decisions on cases involving OSHA citations, penalties, abatement orders, and other enforcement actions. They also review the rules of OSHA. It is like a court where the conflicts between employee and employer are solved. The decisions made by OSHRC are final, unless they are appealed in U.S. Court of Appeals.

Right of Employers and Employees under OSH Act

I. Employer’s Rights

• To seek and get assistance from OSHA for complying with standards for improving safety and health in the workplace.
• Participate in the process of rule-making by giving feedback, and views, and providing data for standards and regulations.
• To request a variance from a standard if they can demonstrate that they have an alternative method that provides equivalent or better protection.
• To be notified of OSHA inspections and to accompany OSHA compliance officers during the inspections.
• To be informed of the results of OSHA inspections and to receive copies of citations and penalties.
• To contest OSHA citations, penalties, abatement orders, or other enforcement actions before OSHRC within 15 working days of receipt.
• To request an informal conference or a settlement agreement with OSHA to resolve disputes or correct violations.
• To apply for a penalty reduction based on good faith, history, or size of the business.
• To request a modification of the abatement date if they can show that they have made a good faith effort to comply but need more time due to factors beyond their control.

II. Employee’s Rights

• To work in a safe and healthful environment free from recognised hazards.
• To receive proper information regarding laws, so they can fight for their right and training to prevent harm and hazards make sure OSHA standards are applied to their workplace.
• They can request an inspection by OSHA in case they think there is a violation of OSHA standards in their workplace.
• To be informed of the results of an OSHA inspection and to receive copies of citations and penalties.
• To participate in OSHRC hearings and proceedings involving their employer’s enforcement actions.
• To file a complaint with OSHA or OSHRC if they believe that their employer has discriminated or retaliated against them for exercising their rights under the OSH Act.
• To receive benefits of compensation in case of work-related injuries or illnesses.

Responsibilities of Employers and Employees under OSH Act

I. Employer’s Responsibilities

• To provide a workplace to employees where the risks of injury or accidents are very low for employees. This is the general duty of every employer.
• To follow all regulations and rules made by OSHA.
• To ensure that employees have and use safe tools and equipment and that they are properly maintained.
• To establish and implement a written safety and health program that covers hazard identification, prevention and control, employee training, and evaluation.
• To provide medical examinations and tests required by OSHA standards.
• To post OSHA posters, citations, and other notices in a conspicuous place where employees can see them.
• To keep records of work-related injuries and illnesses and to report fatalities and severe injuries to OSHA within 8 hours.
• To provide exposure and medical records to employees.
• To reduce the amount of violations, cooperate with OSHA inspections and investigations.
• Not to discriminate against employees on any basis and allow them to exercise their rights in accordance with the OSH Act.

II. Employees’ Responsibilities

• To comply with all OSHA standards and regulations that apply to their work.
• To follow the safety and health rules and procedures established by their employer or OSHA.
• To wear and use the personal protective equipment provided by their employer or required by OSHA standards.
• To report any hazards, injuries, illnesses, or near misses to their employer or OSHA.
• To provide truthful and accurate information during OSHA inspections and investigations.
• To not interfere with OSHA compliance officers or other employees when they are performing their duty under the rights of the OSHA Act.

Training and Education Programs under OSH Act

OSHA provides various training and education programs for workers so they can remain safe. Some of the programs provided by OSHA are:

1. OSHA 10-Hour and 30-Hour Outreach Training: These courses are designed for workers and employers in construction, general industry, maritime, and disaster site work. They provide basic and more advanced training on the recognition, avoidance, abatement, and prevention of safety and health hazards in workplaces.

2. HAZWOPER Training: This training is provided to workers or employees who have to deal with hazardous substances or chemicals during their jobs. In this, they are taught the proper way of using them, limits to use, etc. It provides a 40-hour course to complete beginners and an 8-hour course for experienced employees.

3. Healthcare Training: It is a special training provided by OSHA to those who are working in the healthcare field and who have to deal with patients. Because patients might contain dangerous pathogens which may spread from one person to another. So, in this training, employees are taught ways to address unique hazards, such as bloodborne pathogens during patient handling.

4. IATA DGR Training: It stands for International Air Transport Association Dangerous Goods Regulations Training. This training is given to employees who transport dangerous goods from one place to another. By training, they are made aware of the latest standards, guidelines, and procedures of the industry.

Importance of Training and Education Programs

1. Injury Prevention: Training programs reduce the risk of injuries by using best practices such as properly using machines, chemicals, and equipment in the organisation. They are important because they help in identifying workplace hazards and finding ways to prevent them.

2. Employees’ Empowerment: The training programs provided by OSHA help workers in knowing their rights. With the help of that knowledge, they can protect themselves and their colleagues. It also helps in boosting their morale and confidence.

3. Promoting a Safe Culture: These education programs have a big role in promoting a safe work culture because if all the employees are educated about the possible hazards, safety procedures, and emergency response, then it will form a safe work environment.

4. Legal Compliance: These training programs help in knowing the standards set by OSHA. If employees know about the standards, it would not only help in reducing accidents but also save them from legal penalties and fines.

5. Increased Efficiency: Educated and trained workers are more likely to perform tasks more efficiently and professionally. Because these training programs provide knowledge to perform their responsibilities more efficiently.

Frequently Asked Questions (FAQs)

1. What is the importance of the OSHA Act?

It is very important as it enforces some standards which will help in maintaining a healthy and safe environment in workplaces.

2. How could I report about my workplace to OSHA?

It is simple, just go to your nearby OSHA office and report a complaint there; you can report through the OSHA website online.

3. What is the General Duty Clause?

It is a fundamental provision in the OSH Act. It means to provide a workplace that is safe, free of hazards, and not at all risky for employees when there is no specific standard in a given situation.

4. Are there penalties for OSHA violations?

Yes, OSHA can issue citations and propose penalties for employers who violate safety and health regulations. The severity of the penalties depends on the nature of the violation and its potential harm.

5. What can an employer do if fake penalties are imposed?

In the case that fake penalties are imposed, you can report it to the Occupational Safety and Health Review Commission (OSHRC).