Occupational Safety and Health Administration

Office that administers and enforces the federal Occupational Safety and Health Act, regulating safety and health in the workplace.

Standard designed to reduce occupational exposure to blood-borne pathogens (microorganisms in human blood that can cause diseases in humans, such as HIV and hepatitis B). The standard emphasizes using a combination of personal protective clothing and equipment, vaccination, engineering controls, work practice controls, and training.

Prior to and during the early 1970s, workplace safety concerns became an issue in the United States. No consistent guidelines required employers to provide safe and healthful working environments. Workers were experiencing job-related injuries, and too often those injuries were fatal. To address these concerns, Congress enacted PL 91-596 (Occupational Safety and Health Act of 1970), which established the Occupational Safety and Health Administration (OSHA), a federal agency headed by an Assistant Secretary of Labor for Occupational Safety and Health. OSHA is functionally structured, with its major programs grouped into eight directorates (Administrative Programs, Construction, Compliance Programs, Federal-State Operations, Health Standards Programs, Policy, Safety Standards Programs, and Technical Support) as well as an Office of Statistics. Senior executive service members head these directorates and offices. Regional offices and subordinate area and district offices or service centers carry out various programs.

OSHA's mission, as set forth in the 1970 legislation, is to "assure…every working man and woman in the nation safe and healthful working conditions." Therefore, OSHA developed and implemented certain standards and enforcement procedures, as well as employers' compliance assistance plans to help employers achieve and maintain healthful and safe workplaces.

Organizations with ten or more employees are subject to OSHA regulation, and those not in compliance may suffer large fines. For instance, OSHA proposed fines of $46,300 against a steel firm where alleged safety violations cost two workers their lives (Kane, 1998). Since OSHA was created, workplace fatalities have decreased by half; but every day, according to Kane (1998), about seventeen Americans die on the job.

OSHA strives to create worker awareness of and commitment to resolving workplace safety and health issues by collecting and studying data to identify workplace safety and health problems, as well as achieving problem resolution through regulation, compliance assistance, and enforcement strategies. To enforce regulations, OSHA conducts unannounced, on-site inspections. Data on the OSHA Facts homepage indicate that 34,264 federal and 56,623 state inspections were conducted by OSHA during Fiscal Year 1997, and 87,710 federal and 147,610 state violations were documented. For both federal and state violations, approximately $147 billion in penalties were assessed.

While businesses agree that workplaces should be safe and healthy, many have experienced difficulty in meeting OSHA standards. Because small business owners have found OSHA standards to be financially constricting and consider OSHA penalties harsh, a reform movement is in progress. The House of Representatives has been considering incremental reform of the OSHA Act. On 17 March 1998, two bills (H.R. 2877 and H.R. 2864) concerning OSHA's consultation program and elimination of inspection and penalty quotas were approved; and on 27 March, the Workforce Protections subcommittee heard bills recommending peer review panels to oversee OSHA's rulemaking process, as well as protection from enforcement proceedings for employers meeting certain criteria. Additionally, the Safety Advancement for Employees (SAFE) Act approved in October 1997 exempts small business owners from OSHA fines for two years and allows third-party inspectors. Even with ongoing OSHA reform initiatives, no comprehensive reform bill requiring substantial change in OSHA's structure, procedures, or standards has been enacted.

More information is available from OSHA at U.S. Department of Labor, OSHA, Office of Public Affairs, Room N3647, 200 Constitution Ave. NW, Washington, DC 20210; (202) 693-1999; or http://www.osha-slc.gov/html/oshdir.html.

Bibliography

International Personnel Management Association. "Government Affairs/Occupational Safety and Health Act (OSHA)." Archived at: http://www.ipma-hr.org/govtaffairs/osha.html. 1999.

International Personnel Management Association. "Government Affairs/OSHA Reform." Archived at: http://www.ipma-hr.org/govtaffairs/osha498.html. 1999.

Johnson, D. (ed.) "Hot Topics for October 3, 1997." Archived at: http://www.ishn.com/hot/hotarch/971003.htm. 1997.

Kane, Frank. "OSHA Proposes $463,000 in Fines Against Claremont, H. H., Steel Firm Following Investigation of Two Worker Deaths." Archived at: http://www.osha.gov/media/oshnews/may98/osha98227.html. 1998.

National Federation of Independent Business. "OSHA Reform Key Points." Archived at: http://oshrareform.nfibonline.com/keypoints.html. 1999.

Occupational Safety and Health Administration (OSHA). "OSHA Office Directory." Archived at: http://www.osha-slc.gov/html/oshdir.html. 1999.

OSHA. "OSHA Strategic Plan". Archived at: http://www.osha.gov/oshinfo/strategic/pg1.html. 1999.

OSHA. "Success Stories." Archived at: http://www.osha.gov/oshinfo/success.html. 1999.

OSHA. "OSHA Vital Facts 1997." Archived at: http://www.osha-slc.gov/OshDoc/OSHFacts/OSHAFacts.html. 1999.

[Article by: MARY JEAN LUSH; VAL HINTON]

A federal agency charged with establishing guidelines and regulations regarding worker safety. These guidelines include storage and disposal of toxic chemicals and hazardous materials and the safety and proper use of clinical and office equipment.

The mission of the Occupational Safety and Health Administration (OSHA) is to assure that every U.S. worker goes home whole and healthy every day. Toward that end, the agency sets and enforces workplace safety and health standards, encourages voluntary compliance through consultation and partnerships, and promotes safety training and education for workers and employers. Since Congress passed the Occupational Safety and Health Act of 1970 (OSH Act), which created OSHA as an agency within the U.S. Department of Labor, workplace fatalities have been cut in half and occupational injury and illness rates have declined 40 percent. At the same time, U.S. employment has nearly doubled.

Under the OSH Act, employers are responsible for providing a safe and healthful work environment in line with standards set by OSHA. Protecting workers against workplace hazards requires every employer and every worker to make safety and health a top priority. OSHA's charge is to offer leadership and encouragement to workers and employers in carrying out this responsibility. OSHA has a staff of about 2,250, including about 1,250 inspectors in 67 field offices. Sharing the responsibility for oversight of workplace safety and health are twenty-five states that run their own OSHA programs with about 2,800 employees, including about 1,250 inspectors.

Early OSHA standards focused primarily on safety and establishing precise safety requirements, such as the specific height for guardrails on stairs. Newer standards take a performance or program approach, identifying a safety or health objective and providing a framework for employers to use in achieving that goal. OSHA standards cover the gamut of workplace safety and health issues, including machine guarding, fall protection, chemical-hazard communication, and protection against blood-borne pathogens such as HIV (human immunodeficiency virus) and hepatitis B.

OSHA's enforcement program has changed dramatically over the years. The agency has continually attempted to target its resources toward the most hazardous worksites, as well as respond to worker complaints and investigate fatal accidents. Initially, OSHA focused on sites in industries with high injury rates. More recently, OSHA has obtained site-specific injury and illness data and has been able to concentrate on individual sites with poor safety and health records. The agency conducts about 35,000 inspections each year; states running their own OSHA programs inspect an additional 55,000 workplaces. To foster voluntary compliance with OSHA standards and assist employers in setting up ongoing safety and health programs, OSHA offers free consultations and seeks to establish partnerships with individual workplaces and with trade groups and unions.

The OSHA consultation program, designed for smaller employers, provides free assistance to employers who request help with safety and health programs and specific problems. Employers agree in advance to correct serious hazards identified by the consultant. The consultation program is administered by state authorities and is completely separate from the enforcement effort. OSHA's premier partnership is the Voluntary Protection Programs (VPP). Individual workplaces that meet criteria for excellence in safety and health may apply to the agency for VPP recognition. VPP sites serve as models for their industries and their communities, and they average 50 percent fewer injuries than their non-VPP counterparts. The OSHA Strategic Partnership Program (OSPP) is open to sites with a similar commitment but varying levels of achievement. It includes both national and regional partnerships. These partnerships combine the resources of OSHA, trade groups, and unions to develop successful strategies for preventing injuries and illnesses and measure the results.

To further assist employers and workers, OSHA maintains an extensive web site (http://www.osha.gov) that includes the agency's standards, publications, training materials, interactive software covering specific standards and hazards, small business information, an online complaint filing system for workers, and links to many other sources of information on job safety and health. The agency also offers safety and health training at its Chicagoarea training institute and through twelve educational centers located at community colleges and universities around the country. OSHA is developing satellite-delivered and web-based training programs to make its training available to a wider audience. Through its New Directions grants, OSHA encourages nonprofit organizations such as unions and trade associations to develop additional training materials and offer training courses.

Improving work environments is a long-term proposition that requires daily diligence and ongoing commitment in the face of competing priorities for time, energy, and resources. OSHA's mandate is to aid employers and employees to make this commitment and continually pursue excellence in job safety and health.

(SEE ALSO: National Institute for Occupational Safety and Health; Occupational Safety and Health; Occupational Safety and Health Administration)

Bibliography

Occupational Safety and Health Administration. All About OSHA. (OSHA 2056). Available at http://www.osha.gov.

— OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

The Occupational Safety and Health Act, 29 U.S.C.A. § 651 et seq., makes it a federal misdemeanor for businesses to risk negligently the lives or health of their workers.

The Occupational Safety and Health Act of 1970 created the Labor Department's Occupational Safety and Health Administration (OSHA) to serve as the federal government's workplace safety watchdog, and the Occupational Safety and Health Review Commission (OSHRC) to rule on cases, forwarded to it by the Labor Department, of disagreements over the results of OSHA safety and health inspections.

The act authorizes civil fines up to $10,000 for instances where employers "willfully" expose workers to "serious" harm or death. Any act of criminal negligence can result in imprisonment of up to six months.

The Labor Department's assistant secretary for occupational safety and health has responsibility for overseeing OSHA. OSHA has its headquarters in Washington, D.C., and maintains ten regional offices. OSHA develops and promulgates occupational safety and health standards and issues regulations that enforce these standards. The heart of OSHA is its inspection responsibilities. OSHA inspectors conduct investigations and inspections to determine the status of compliance with safety and health standards and regulations. If an inspector visits a work site and finds that the employer is not in compliance with OSHA regulations, the inspector issues a citation and proposes penalties.

From its inception OSHA has been a controversial agency. Businesses have complained that OSHA regulations are often too bureaucratic, rigid, and hard to understand, making it difficult to comply with the standards. Organized labor, on the other hand, has charged that OSHA is not diligent enough in enforcing the regulations.

During the administration of President Ronald Reagan, the number of OSHA inspectors was reduced by 25 percent, making it even more difficult to investigate allegations of injuries. In addition, President Reagan, by Executive Order No. 12,291 in 1981, permitted OSHA to certify that a company was in compliance with safety and health standards by reviewing paperwork submitted by the company.

OSHA standards and regulations touch every facet of workplace health and safety. The regulations establish maximum levels of exposure to lead, asbestos, chemicals, and other toxic substances. In addition, OSHA regulations specify the proper safety gear for workers. For example, construction workers who work on scaffolding or on structural steel must wear a safety harness.

OSHA works to improve health and safety through education and training programs. It also provides assistance to state occupational and health programs to maintain consistent national standards.

Employers have the right to dispute any alleged job safety or health violation found during an OSHA inspection, the penalties OSHA has proposed, or the time given by OSHA to correct any hazardous situation. Employees and union representatives may file a case challenging the propriety of the time OSHA has allowed for correction of any violation.

These cases are heard by OSHRC, an independent, quasi-judicial agency. A case arises when a citation is issued against the employer as a result of an OSHA inspection and the employer contests the citation within fifteen working days.

All cases that require a hearing are assigned to an administrative law judge (ALJ), who decides the case. The government has the burden of proving the case. A substantial number of the decisions of the ALJs become final orders of the commission. However, each decision is subject to discretionary review by the three members of the commission upon the direction of any one of the three, if done within thirty days of the filing of the decision. This means that a party dissatisfied with an ALJ decision does not have a right of appeal to the commission but must convince at least one commissioner to exercise discretion and agree to have the commission hear the appeal. When discretionary review is taken, the commission issues its own decision. Once a case is decided, any person adversely affected may file an appeal with the U.S. courts of appeals.

The principal office of the commission is in Washington, D.C. There are also three regional offices where commission judges are stationed.

See: Administrative Law and Procedure; Employment Law; Labor Law; Workers' Compensation.

Not to be confused with EU-OSHA, the European Agency for Safety and Health at Work. For other uses, see OSHA.

OSHA logo

The United States Occupational Safety and Health Administration (OSHA) is an agency of the United States Department of Labor. It was created by Congress under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970. Its mission is to prevent work-related injuries, illnesses, and deaths by issuing and enforcing rules (called standards) for workplace safety and health. The agency is headed by Deputy Assistant Secretary of Labor Donald G. Shalhoub.

The OSH Act, which created OSHA also created the National Institute for Occupational Safety and Health (NIOSH) as a research agency focusing on occupational health and safety. NIOSH, however, is not a part of the U.S. Department of Labor.

OSHA federal regulations cover most private sector workplaces. The OSH Act permits states to develop approved plans as long as they cover public sector employees and they provide protection equivalent to that provided under Federal OSHA regulations. In return, a portion of the cost of the approved State program is paid by the Federal Government. Twenty-two states and territories operate plans covering both the public and private sectors and four — Connecticut, New Jersey, New York and the US Virgin Islands — operate public employee only plans. In those four states, private sector employment remains under Federal OSHA jurisdiction.

In 2000 the United States Postal Act made the U.S. Postal Service the only quasi-governmental entity to fall under the purview of OSHA jurisdiction. This change permits OSHA to fine the US Postal Service as if it were a regular non-governmental organization.

Contents 1 History 2 Controversy 3 Regulatory impact 4 See also 5 References 6 External links

History

OSHA was widely criticized in its early years for confusing, burdensome regulations. A good deal of the early conflict came about because of arbitrary and inconsistent enforcement during OSHA's early years. In addition, businesses were expected to retrofit guards and other safety devices on existing equipment and to implement other hazard controls, often at considerable expense, to bring them in line with then-current best safety practices. Other requirements, such as mandated training, communication, and extensive documentation were seen as even more difficult and expensive.

With time, manufacturers of industrial equipment have included OSHA-compliant safety features on new machinery. Enforcement has become more consistent across jurisdictions, and some of the more outdated or irrelevant rules have been repealed or are not enforced.

During the Jimmy Carter administration, under the leadership of University of Cincinnati toxicologist Eula Bingham, OSHA began to concentrate more on health hazards, such as toxic chemicals. Bingham also launched the "New Directions" program, OSHA's first worker training grant program.

With the Ronald Reagan and George H.W. Bush administrations came efforts to weaken OSHA enforcement and rulemaking, although several important rules were issued including hazard communication (right to know about chemical exposures) and blood-borne pathogens (to protect workers against illnesses such as hepatitis and AIDS). The Reagan administration also launched OSHA's Voluntary Protection Program (VPP), OSHA's first foray into voluntary programs and partnerships with industry. In the VPP, management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system. Approval into VPP is OSHA’s official recognition of the outstanding efforts of employers and employees who have achieved exemplary occupational safety and health.

The Bill Clinton administration began a reorganization of OSHA's approach, focusing more on "stakeholder" satisfaction through compliance assistance. When the Republicans took over Congress in 1994, one of their goals was reducing some of the agency's ability to issue standards. Some Republican sponsored bills were stopped by the Democratic minority and moderate Republicans, but other legislation passed, such as the Small Business Regulatory Enforcement Fairness Act of 1996 and the Congressional Review Act.

In 2000, OSHA issued the ergonomics standard after ten years of study and struggles with a Republican-controlled Congress and business associations such as the Chamber of Commerce and National Association of Manufacturers that were unconvinced that additional government regulation was the right way to address the issue of ergonomic injuries to American workers. Ergonomic injuries (also known as musculoskeletal injuries) such as back injuries and carpal tunnel syndrome, account for 1/3 of all serious injuries suffered by American workers.^{[citations needed]} In March 2001, the Republican controlled Congress voted to repeal the standard and the repeal was one of the first major pieces of legislation signed by President George W. Bush. Since the repeal of the ergonomics standard, OSHA has issued three ergonomics guidelines, and only a small handful of ergonomic citations under the Act's "general duty" clause.^{[citation needed]}

The Bush administration has largely replaced the process of issuing mandatory regulations with voluntary guidelines and put additional resources into other, previously existing voluntary programs, as well as new "Alliance" program. In 2004, the General Accounting Office issued a report recommending that the Agency collect more data from participants in order to better ascertain the benefits of the program. A GAO report released in 1992 concluded that employers participating in the program benefited from significant cost reductions in workers' compensation premiums while improving labor productivity.

It is sometimes believed that the Agency promotes "voluntary compliance" when, in fact, all employers are required by law to comply with all final published rules promulgated under the Occupational Safety and Health Act of 1970.

Controversy

Much of the debate about OSHA regulations and enforcement policies revolves around the cost of regulations and enforcement, versus the actual benefit in reduced worker injury, illness and death. A 1995 study of several OSHA standards by the Office of Technology Assessment (OTA)[2] found that regulated industries as well as OSHA typically overestimate the expected cost of proposed OSHA standards.

OSHA has come under considerable criticism for the ineffectiveness of its penalties, particularly criminal penalties. OSHA is only able to pursue a criminal penalty when a willful violation of an OSHA standard results in the death of a worker ^[1]. The maximum penalty is a misdemeanor with a maximum of 6-months in jail ^[1]. In response to the criticism, OSHA, in conjunction with the Department of Justice, has pursued several high-profile criminal prosecutions for violations under the Act, and has announced a joint enforcement initiative between OSHA and the United States Environmental Protection Agency (EPA) which has the ability to issue much higher fines than OSHA. Meanwhile, Congressional Democrats, labor unions and community safety and health advocates are attempting to revise the OSH Act to make it a felony with much higher penalties to commit a willful violation that results in the death of a worker. Some local prosecutors are charging company executives with manslaughter and other felonies when criminal negligence leads to the death of a worker^{[citation needed]}.

During its more than 30 years of existence, OSHA has secured only 12 criminal convictions. ^[2]

OSHA has been accused of being more devoted to the numbers of inspections than to actual safety. Industry associations and unions have resorted to court action to force OSHA to promulgate new standards such as the Hexavalent Chromium standard. OSHA has also been criticized for taking decades to develop new regulations. Speaking about OSHA on the specific issue of combustible dust explosions:^[3]

"[Carolyn] Merritt was appointed to the Chemical Safety Board by President Bush. Asked what her experience has been with regard to safety regulations in the Bush administration, Merritt says, 'The basic disappointment has been this attitude of no new regulation. They don't want industry to be pestered. In some instances, industry has to be pestered in order to comply.' "

Regulatory impact

Here are some of the changes in industrial safety regulation brought about by OSHA:

1. Guards on all moving parts - By 1970, there were guards to prevent inadvertent contact with most moving parts that were accessible in the normal course of operation. With OSHA, use of guards was expanded to cover essentially all parts where contact is possible.
2. Permissible exposure limits (PEL) - Maximum concentrations of chemicals stipulated by regulation for chemicals and dusts. They cover around 600 chemicals. Most are based on standards issued by other organizations in 1968 or before.
3. Personal protective equipment (PPE) - broader use of respirators, gloves, coveralls, and other protective equipment when handling hazardous chemicals; goggles, face shields, ear protection in typical industrial environments
4. Lockout/tagout - In the 1980s, requirements for locking out energy sources (securing them in an "off" condition) when performing repairs or maintenance
5. Confined space - In the 1990s, specific requirements for air sampling and use of a "buddy system" when working inside tanks, manholes, pits, bins, and similar enclosed areas
6. Hazard Communication (HazCom ^[4]) - Also known as the "Right to Know" standard, was issued as 29CFR1910.1200 on November 25, 1983 (48 FR 53280), requires developing and communicating information on the hazards of chemical products used in the workplace.
7. Process Safety Management (PSM ^[5]) - Issued in 1992 as 29CFR1910.119 in an attempt to reduce large scale industrial accidents. Although enforcement of the standard has been spotty, its principles have long been widely accepted by the petrochemical industry.
8. Bloodborne Pathogens (BBP ^[6])- In 1990, OSHA issued a standard designed to prevent health care (and other) workers from being exposed to bloodborne pathogens such as hepatitis B and HIV.
9. Excavations and Trenches - OSHA regulations^[7] specify that trenches and excavations wherein workers are working 5 feet or more down must be provided with safeguards in addition to proper sloping and storage of excavated material in order to prevent collapses/cave-ins.^[8]
10. Exposure to asbestos - OSHA has established requirements in 29 CFR 1910.1001 for occupational exposure to asbestos. These requirements apply to most workplaces - most notably excepted is construction work. "Construction work" means work for construction, alteration and/or repair including painting and decorating. Occupational exposure requirements for asbestos in construction work can be found in 29 CFR 1926.1101.

See also

• National Institute for Occupational Safety and Health (NIOSH)
• American Society of Safety Engineers
• Construction site safety
• Ergonomics
• MIOSHA
• Occupational safety and health
• Occupational fatality
• Oregon OSHA
• Regulatory Flexibility Act
• U.S. Chemical Safety and Hazard Investigation Board

References

1. ^ ^{a b} [1]
2. ^ Justice Dept Drops Most Criminal OSHA Referrals
3. ^ Pelley, Scott (2008-06-08). "Is Enough Done To Stop Explosive Dust?". 60 Minutes (CBSnews.com). http://www.cbsnews.com/stories/2008/06/05/60minutes/main4157170.shtml. Retrieved on 2008-06-09. 
4. ^ OSHA Hazard Communication Standard 29 CFR 1910.1200
5. ^ OSHA Process Safety Management topic page
6. ^ OSHA Bloodborne Pathogens and Needlestick Prevention topic page
7. ^ OSHA Directive CPL 2.87 - Inspection Procedures for Enforcing the Excavation Standard, 29 CFR 1926]
8. ^ OSHA Trench Safety Tips card

External links

• OSHA website and public contact website.
• Full text of the OSH Act
• National Institute for Occupational Safety and Health
• OSHA Office of Education and Training
• Current 29 CFR Books in Digital Format

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