1. Occupational Safety & Health Act of 1970
11/07/96 5:24AM
Public Law
Occupational Safety
& Health Act of 1970

2. OSH Act Also called Williams-Steiger Act Signed December 29, 1970
Effective April 29, 1971
OSH Act

3. Amendments to Act
Amended by Public Law , November 5, 1990 (Penalty Reform)
Amended by Public Law , July 16, 1998 (Codifies Consultation Program and prohibits OSHA from using penalty and citation quotas to evaluate enforcement officers)
Amended by Public Law , September 28, 1998 (Makes OSH Act applicable to U.S. Postal Service in same manner as any other employer)

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

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

6. 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 . . .”

7. 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

8. 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.

9. 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

10. 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

11. 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

12. 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

13. 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)

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

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

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

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

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

19. 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 ) 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

20. 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

21. 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

22. 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 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

23. 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

24. 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 , 7/16/98
Must include employee participation
Conducted independently of enforcement
Priority scheduling for small, high hazard businesses

25. 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.

26. 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

27. 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)