Summary: The Occupational Health & Safety Act is federal legislation in the US governing employee safety at work. Here we explain what it requires of employers.

Have you ever seen a sign outside of a factory that reads “THIS PLANT HAS WORKED 0 DAYS WITHOUT A RECORDABLE ACCIDENT”?

These signs are usually used to inspire workers to be safe and even to gloat a bit about the factory’s safety record. Accidents do still happen, though, but not nearly at the rate that they did in the past.

In the US, this is thanks in large part to the Occupational Safety and Health Act, a law that pushed safety and health to the forefront and helped make workplaces better for all workers. It also inspired similar laws in other countries and has been one of the most important laws for workers’ rights in history.

We’re going to explain what this act is, the rules it sets up, and the requirements it has made for employers.

What is the Occupational Safety and Health Act?

The Occupational Safety and Health Act (OSH Act) is a federal law that was passed in 1970 to protect the safety and health of all workers in the US and its territories. 

The OSH Act created both the National Institute for Occupational Safety & Health (NIOSH) and the Occupational Health and Safety Administration (OSHA). This law makes employers responsible for workplace safety and health and requires them to create workplaces that are free from hazards that may cause serious harm.

These hazards can include dangers from machinery, excess heat or cold, exposure to toxic chemicals, dangerous noise levels, unsanitary conditions, and exposure to infectious diseases. It also requires employers to follow the standards and rules created by OSHA.

What’s Included in the Occupational Safety and Health Act?

The OSH Act includes various sections that define the responsibility of employers, the powers of the Secretary of Labor, and more. A lot of this document is concerned with legal definitions and procedures, but the crucial sections to know about include:

Section Title Explanation
4 Applicability of This Act Where and to whom the act applies
5 Duties General duty clause indicating the responsibility of every employer to provide a place of employment that is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to their employees” and to comply with occupational safety and health standards
6 Occupational Safety and Health Standards Rights and procedures for the Secretary of Labor to create standards that improve the safety and health of workers
8 Inspections, Investigations, and Recordkeeping The right of the Secretary of Labor to enter and inspect workplaces, conduct investigations, and record reports of violations
9 Citations Right to write citations for violations within six months of their occurrence
10 Procedure for Enforcement The right to assess penalties on employers who violate regulations
11 Judicial Review Employers’ right to legal review of their citations and employees’ right not to be dismissed or discriminated against for reporting violations or requesting improvements to health and safety
13 Procedures to Counteract Imminent Dangers Provides for injunctions to stop practices that put employees at risk of imminent danger
17 Penalties Explanation of penalties, both fines and terms of imprisonment, for violations of the OSH Act, including willful violations, serious violations, failure to correct violations, giving advance notice of inspections, and violating posting requirements.
18 State Jurisdiction and State Plans Allowance for state standards to supersede the OSH Act so long as they are “at least as effective in providing safe and healthful employment” as federal standards
19 Federal Agency Safety Programs and Responsibilities Applicability of the OSH Act to federal employees
20 Research and Related Activities Designation of research responsibilities to the Department of Health and Human Services
21 Training and Employee Education Designation of training and employee education responsibilities to the Department of Health and Human Services
22 National Institute for Occupational Safety and Health Establishment of NIOSH to develop and recommend standards

Who Does the Occupational Safety and Health Act Apply to?

While the OSH Act seems to be a blanket law extending to all workers and placing responsibility for their safety and health on all employers, there are exceptions.

It applies in all 50 states as well as the territories of American Samoa, Guam, Puerto Rico, the District of Columbia, and the Virgin Islands. It covers employees in the public and private sectors, but in some instances, it doesn’t apply to certain types of workers and employers.

Workers Not Covered by The OSH Act

  • Self-employed people (independent contractors, freelancers, sole proprietors) – As their own employers, they automatically take on responsibility for their own health and safety and don’t require 
  • Family farm workers – farms with fewer than ten employees or farms entirely worked by family members are assumed to take care of each other’s safety and are not subject to the act
  • State and local government employees – unless working in states with OSHA-approved plans, these employees are covered under state or local legislation instead

Employers Not Governed by The OSH Act

  • Airlines – these employers are already governed by the Federal Aviation Act and regulated by the Federal Aviation Administration (FAA)
  • Mining operations – these employers are already governed by the federal Mining Law
  • Railroads – these employers are governed by the Railway Labor Act and regulated by the Federal Railroad Administration (FRA)
  • Nuclear weapons manufacturers – these employers are governed by the Atomic Energy Act and regulated by the Nuclear Regulatory Commission (NRC)
  • Religious organizations – these employers are exempt if they do not employ workers for secular activities

What is the National Institute for Occupational Safety & Health?

The National Institute for Occupational Safety & Health (NIOSH) is a federal agency created by the OSH Act in 1970. It is part of the Centers for Disease Control and Prevention (CDC).

This agency is responsible for researching occupational hazards, accidents, and injuries and making recommendations for their prevention. It makes these recommendations to employers directly but also makes them generally to OSHA, which may turn them into regulations.

NIOSH also supports workforce training programs, provides information to employers and health professionals, and approves respiratory protection equipment.

What is the Occupational Safety and Health Administration?

The OSH Act was signed into law in 1970 by President Nixon, and this act created the Occupational Safety and Health Administration (OSHA). OSHA is part of the United States Department of Labor.

This organization is essentially the regulator of the OSH Act and acts in the interests of workers to encourage and require employers to provide them with safe working environments. It makes standards and rules for employers to follow and requires reporting and compliance. 

OSHA provides training for employers, employees, and occupational health professionals. It also authorizes non-profit OSHA Training Institute education centers to provide occupational health and safety training.

Employers need to report to OSHA in the case of serious injury (within 24 hours of a hospitalization, an amputation, or the loss of an eye) or death (within eight hours) of an employee due to work-related incidents.

OSHA is also authorized to carry out workplace inspections and can fine employers who are in violation of its rules. It can deliver citations and give employers the chance to stop their violations and improve their standards, or face penalties.

Finally, OSHA also protects employees who report unsafe practices or request inspections through its Whistleblower Protection Program.

OSH Act Penalties

The following fines can be assessed for violations of the OSH Act:

Type of Violation Maximum Fine
Serious $  16,550 per violation
Non-serious $  16,550 per violation
Posting requirements $  16,550 per violation
Failure to abate $  16,550 per day not stopped
Willful / Repeated $165,514 per violation

Importance of the Occupational Safety and Health Act

The Occupational Health and Safety Act is an incredibly important document that has made a major change to workplace safety and industrial accidents since its adoption in 1970.

It created OSHA, the agency responsible for creating regulations, enforcement, and training. Through OSHA, the OSH Act protects the rights of workers to work in safe environments and helps employers constantly improve their workplaces to make them safer and healthier.

FAQ

While many people believe that this agency is self-funded through fines and employer contributions, this is not the case. Instead, OSHA, like all federal agencies, is funded through congressional appropriations of the federal budget. Any fines issued by OSHA are not paid back to this agency but instead go directly to the US Treasury.

Yes, in general, OSHA standards require you to provide training in occupational safety and health to your employees. This can include injury and illness prevention programs, personal protection equipment use, emergency exit routes and procedures, and more. OSHA also provides training through its Outreach Training Program and authorizes non-profit OSHA Training Institute education centers to provide training that employers pay for.

Yes, OSHA provides fact sheets, posters, guidance documents, online resources, and other resources to help employers keep their employees informed according to OSHA standards.