The Occupational Safety and Health Act

The Occupational Safety and Health Act (OSH Act) applies to every employer with one or more employees in any business that affects interstate commerce – which is just about every business. The Labor Department has established the Occupational Safety and Health Administration (OSHA) to oversee implementation and administration of the law.

Standards

OSHA was charged with establishing a uniform set of standards. Permanent standards were published as they were developed, to allow interested parties to comment and request a hearing. In situations of potentially grave danger, emergency standards may be set, which must be replaced by permanent standards within six months.

An employer is required to provide a safe place to work, free from "recognized hazards…" whether there are specific standards for his place of business or not. It is illegal to fire or discriminate in any fashion against employees who refuse tasks they fear may result in death or serious injury.

State safety and health standards continue to apply until federal standards are developed in the same area. If OSHA is satisfied that a state's workplace safety structure (laws, standards, inspections, reporting and enforcement) is as effective as federal requirements, OSHA may grant the state an exemption from the federal law.

If OSHA has set standards for businesses covered under another federal law the employer is subject to the enforcement provisions of both laws. Where OSHA standards correspond to standards set under other federal laws, OSHA standards will supersede.

Right-to-Know Laws

Many states have passed laws requiring notification to employees of hazardous materials in the workplace. Written information must be supplied to employees or their union after a written request.

Most of these laws go on to require labeling of containers, the employee's right to refrain from handling a toxic substance and from discrimination. OSHA has established a federal communication standard, requiring employers to provide certain data to their workers regarding hazardous substances. Several state right-to-know laws are tougher than OSHA's communication standard.

Inspections

Inspections may be made at any reasonable time, either as part of a normal inspection program or at the request of an employee. The employer can refuse entrance unless the inspector has a search warrant. Company and union representatives may accompany the inspector, who may question employees privately if the warrant allows for it. It is unlawful to fire or discriminate against an employee who requests an inspection.

If OSHA finds a violation, it issues a citation providing a time limit for correction of the violation and proposes a penalty. The employer has 15 days to appeal the proposed penalty. If the violation is not corrected in time, OSHA will send notice of an additional proposed penalty. OSHA can close a business if the inspection reveals immediate danger of death or physical harm.

Appeals are heard by a Commission set up by the OSH Act. Their decision is may be contested in the federal court of appeals. The penalty schedule provides for a $1,000 fine for a violation; up to $10,000 if it is willful or repeated. Failure to correct a violation can draw a fine of $1,000 per day. There are criminal penalties if a worker dies as a result of the violation.