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2.1 Federal Government Safety Agencies

D.M. Donner

The Occupational Safety and Health Act of 1970 (OSH Act)

The Occupational Safety and Health (OSH) Act of 1970 is a law that led to the establishment of the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH). These two agencies were created to ensure safe and healthy working conditions for employees in the United States.

Occupational Safety and Health Administration (OSHA) is a federal agency under the US Department of Labor. Its primary responsibility is to set and enforce standards for workplace safety and health. OSHA’s role includes inspecting workplaces, providing training and educational resources, and implementing regulations to prevent workplace injuries, illnesses, and fatalities.

National Institute for Occupational Safety and Health (NIOSH) is a research agency within the Centers for Disease Control and Prevention (CDC), which is part of the US Department of Health and Human Services. NIOSH conducts research and provides recommendations aimed at preventing workplace-related injuries, illnesses, and hazards. NIOSH’s work informs the development of OSHA standards and policies.

These agencies were designed to collaborate and improve workplace safety, reduce occupational hazards, and protect the well-being of workers across many industries in the United States.

The OSH Act (1970) is a law created to protect employees from exposure to unsafe working conditions. The law requires employers to provide employees with working conditions free of known hazards. The OSH Act (1970) also created the Occupational Safety and Health Administration (OSHA), a federal agency of the US Department of Labor that establishes and enforces workplace safety and health standards.

Under the OSH Act (1970), workers have rights to a safe work environment and the right to help ensure work environments remain safe. These rights include: (a) the right to file confidential complaints that lead to an OSHA inspection of work conditions, (b) the right to receive training about workplace hazards and methods to prevent harm, (c) the right to view records and reports pertaining to their workplace, and (d) the right to file complaints against an employer who may be in violation of workplace standards. The same law protects employees from retaliation from employers who seek retribution due to legal complaints.

In simple terms, the employer MUST provide employees with a workplace free of serious hazards, and employers must follow all OSHA safety and health regulations.

Table 2.1 OSHA Poster: Job Safety and Health | IT’S THE LAW!
All workers have the right to: Employers must:
  • A safe workplace.
  • Raise a safety or health concern with your employer or OSHA, or report a work-related injury or illness, without being retaliated against.
  • Receive information and training on job hazards, including all hazardous substances in your workplace.
  • Request a confidential OSHA inspection of your workplace if you believe there are unsafe or unhealthy conditions. You have the right to have a representative contact OSHA on your behalf.
  • Participate (or have your representative participate) in an OSHA inspection and speak in private to the inspector.
  • File a complaint with OSHA within 30 days (by phone, online or by mail) if you have been retaliated against for using your rights.
  • See any OSHA citations issued to your employer.
  • Request copies of your medical records, tests that measure hazards in the workplace, and the workplace injury and illness log.
  • Provide employees with a workplace free from recognized hazards. It is illegal to retaliate against an employee for using any of their rights under the law, including raising a health and safety concern with you or with OSHA, or reporting a work-related injury or illness.
  • Comply with all applicable OSHA standards.
  • Notify OSHA within 8 hours of a workplace fatality or within 24 hours of any work-related inpatient hospitalization, amputation, or loss of an eye.
  • Provide required training to all workers in a language and vocabulary they can understand. Prominently display this poster in the workplace.
  • Post OSHA citations at or near the place of the alleged violations.

On-site consultation services are available to small and medium-sized employers, without citation or penalty, through OSHA-supported consultation programs in every state.

Contact OSHA

1-800-321-OSHA (6742)

TTY 1-877-889-5627|www.osha.gov

Note. Reprinted from poster (Occupational Safety and Health Administration, 2019).

Employers are required to prominently display the official OSHA poster which describes rights and responsibilities under the OSH Act (1970).

Employers are required to provide training to employees explaining workplace hazards and create systems such as labeling and information sheets that identify hazards.

In addition to federal OSHA-approved safety programs, states have OSHA-approved plans that are partially federally funded. State plans must be at least as rigorous as the federal OSHA program. This means that state plans must provide as much or more protection than the federal program.

Examples of OSHA standards are:

  • Hearing protection such as establishing safe noise levels
  • Machine guardians to protect workers from moving parts
  • Exposure levels and respirators to protect against breathing hazards such as asbestos inhalation

Personal Protective Equipment (PPE) refers to specialized clothing, equipment, or devices designed to protect individuals from potential hazards, injuries, or health risks in the workplace or other environments. Examples of PPE are respirators, goggles, earplugs, gloves, face masks, and footwear.

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