Occupational Safety and Health Act
Introduction
The Occupational Safety and Health Act (OSH Act) of 1970 is the primary federal statute regulating workplace safety and health. The OSH Act requires employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm. The Occupational Safety and Health Administration (OSHA) , within the Department of Labor, administers and enforces the statute through standards development, inspection, and enforcement.
The General Duty Clause
Section 5(a)(1) of the OSH Act, the general duty clause, requires employers to furnish employment and a place of employment that is free from recognized hazards that are causing or likely to cause death or serious physical harm. The general duty clause applies when no specific OSHA standard addresses the particular hazard.
To establish a general duty clause violation, OSHA must prove: that the employer failed to keep the workplace free of a hazard; that the hazard was recognized by the industry or the employer; that the hazard was causing or likely to cause death or serious physical harm; and that a feasible and effective means of abatement existed. The general duty clause is OSHA’s catch-all enforcement tool for unregulated hazards.
Specific Standards
OSHA has promulgated hundreds of specific standards addressing particular hazards and industries. The standards cover a wide range of topics, including fall protection, hazardous communication, respiratory protection, machine guarding, electrical safety, and confined space entry. Standards may be vertical (industry-specific) or horizontal (applicable across industries).
The most frequently cited OSHA standards include: hazard communication (29 CFR 1910.1200), which requires employers to inform employees about chemical hazards in the workplace; respiratory protection (29 CFR 1910.134), which requires respiratory protection programs; and fall protection (29 CFR 1926.501), which requires fall protection at heights of six feet in construction.
Inspections
OSHA conducts inspections of workplaces to monitor compliance. Inspections are prioritized based on the severity of the hazard: imminent danger situations receive the highest priority, followed by fatalities and catastrophes, employee complaints, programmed inspections, and follow-up inspections.
The Fourth Amendment requires OSHA to obtain a warrant before conducting a nonconsensual inspection, absent emergency circumstances. In Marshall v. Barlow’s, Inc. (1978), the Supreme Court held that warrantless OSHA inspections violate the Fourth Amendment. However, OSHA may obtain an administrative warrant based on a showing that the inspection is part of a reasonable enforcement plan.
Citations and Penalties
If OSHA finds violations during an inspection, it issues citations specifying the alleged violations, the proposed penalties, and the abatement dates. Penalties are categorized by severity: serious violations (substantial probability of death or serious physical harm), other-than-serious violations, willful violations (committed with intentional disregard or plain indifference), and repeat violations.
The OSH Act was substantially amended in 2015 to increase penalties. The maximum penalty for serious and other-than-serious violations is $15,625, and for willful and repeat violations is $156,259. These amounts are adjusted annually for inflation. Criminal penalties are available for willful violations that result in an employee’s death.
Employer Defenses
Employers may assert several defenses against OSHA citations. Feasibility challenges argue that compliance with the standard is technologically or economically infeasible. The unpreventable employee misconduct defense requires the employer to show that it had established and enforced adequate safety rules, that the violating employee was properly trained, and that the employer took reasonable steps to discover and prevent the violation.
State OSHA Programs
The OSH Act permits states to develop and operate their own OSHA-approved state plans. State plans must be at least as effective as federal OSHA and must cover state and local government employees. Twenty-two states and territories operate approved state plans.
Conclusion
The OSH Act establishes the legal framework for workplace safety and health in the United States. The general duty clause, specific standards, inspection process, and penalty system work together to encourage employer compliance. The balance between federal oversight and state plan authority reflects the OSH Act’s cooperative federalism approach.