Occupational Safety and Health Administration
Encyclopedia
The United States Occupational Safety and Health Administration (OSHA) is an agency of the United States Department of Labor
. It was created by Congress of the United States 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 occupational fatality by issuing and enforcing standards for workplace safety
and health. It was also established to create a better workplace for all workers and to ensure the safety of everyone by making and enforcing certain standards that are needed to protect the people. The agency is headed by a Deputy Assistant Secretary of Labor.
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 is not a part of the U.S. Department of Labor. In Section 22, it says that NIOSH is allowed to create and enforce any safety and health standards needed and to carry out the functions of the Secretary of Health and Human Services as stated in section 20 and 21 of the OSH Act.
OSHA federal regulations cover most private sector workplaces. The OSH Act permits states, such as Michigan (MIOSHA
), 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 five—Connecticut, Illinois, New Jersey, New York and the US Virgin Islands—operate public employee only plans. In those five states, private sector employment remains under federal OSHA jurisdiction.
The OSHA intitates an inspection to a certain place whenever there is a possible danger or a hazard that could lead to an injury or fatality in the future. Also, an inspection could be from worker complaints, accidents that had happened or to follow up a previous inspection.
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.
With time, manufacturers of industrial equipment began to include 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.
University of Cincinnati
toxicologist Eula Bingham
was appointed as the agency's administrator during the Carter
administration. Under Bingham, OSHA began to concentrate more on health hazards like toxic chemicals. Bingham also launched the "New Directions" program, OSHA's first worker training grant program.
The Reagan
and Bush administrations saw efforts to weaken OSHA enforcement and rulemaking through Reagan's "deregulation" campaign. However, several of OSHA's most important rules were issued at the same time, including hazard communication (workers' right to know about chemical exposures) and blood-borne pathogens (regulations to protect workers against illnesses such as hepatitis
and AIDS
). The Reagan administration also launched OSHA's Voluntary Protection Program (VPP). VPP was OSHA's first foray into voluntary programs and partnerships with industry: 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.
In 2000, OSHA issued an ergonomics
standard after ten years of study and debate with business associations such as the Chamber of Commerce and National Association of Manufacturers
, who were unconvinced that additional regulation was needed. Ergonomic injuries such as carpal tunnel syndrome account for one third of all serious injuries suffered by American workers. 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.
The Bush administration 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. The number of inspections conducted by OSHA improved during the Bush Administration compared to the Clinton years.
It is sometimes believed that the Agency promotes "voluntary compliance." 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.
In June 2009 David Michaels
was nominated by President Obama and later confirmed by the senate as the head of OSHA.
OSHA has come under considerable criticism for the ineffectiveness of its penalties, particularly its 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. The maximum penalty is a misdemeanor with a maximum of 6-months in jail. 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.
During its more than 30 years of existence, OSHA has secured only 12 criminal convictions.
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:
United States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
. It was created by Congress of the United States under the Occupational Safety and Health Act
Occupational Safety and Health Act
The Occupational Safety and Health Act is the primary federal law which governs occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970...
, signed by President Richard M. Nixon, on December 29, 1970. Its mission is to prevent work-related injuries, illnesses, and occupational fatality by issuing and enforcing standards for workplace safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
and health. It was also established to create a better workplace for all workers and to ensure the safety of everyone by making and enforcing certain standards that are needed to protect the people. The agency is headed by a Deputy Assistant Secretary of Labor.
The OSH Act which created OSHA also created the National Institute for Occupational Safety and Health
National Institute for Occupational Safety and Health
The National Institute for Occupational Safety and Health is the United States’ federal agency responsible for conducting research and making recommendations for the prevention of work-related injury and illness. NIOSH is part of the Centers for Disease Control and Prevention within the U.S...
(NIOSH) as a research agency focusing on occupational health and safety. NIOSH is not a part of the U.S. Department of Labor. In Section 22, it says that NIOSH is allowed to create and enforce any safety and health standards needed and to carry out the functions of the Secretary of Health and Human Services as stated in section 20 and 21 of the OSH Act.
OSHA federal regulations cover most private sector workplaces. The OSH Act permits states, such as Michigan (MIOSHA
MIOSHA
The Michigan Occupational Safety and Health Administration is a state government agency that regulates workplace safety and health in the U.S. state of Michigan...
), 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 five—Connecticut, Illinois, New Jersey, New York and the US Virgin Islands—operate public employee only plans. In those five states, private sector employment remains under federal OSHA jurisdiction.
The OSHA intitates an inspection to a certain place whenever there is a possible danger or a hazard that could lead to an injury or fatality in the future. Also, an inspection could be from worker complaints, accidents that had happened or to follow up a previous inspection.
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.
History
OSHA was widely criticized after its inception for confusing, burdensome regulations. A good deal of the early conflict came about because of inconsistent enforcement during OSHA's early years. In addition, businesses were expected to retrofit safety devices on existing equipment and to implement other hazard controls, which often led to considerable expense. Other requirements like mandated training, communication, and extensive documentation were seen as even more burdensome and expensive.With time, manufacturers of industrial equipment began to include 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.
University of Cincinnati
University of Cincinnati
The University of Cincinnati is a comprehensive public research university in Cincinnati, Ohio, and a part of the University System of Ohio....
toxicologist Eula Bingham
Eula Bingham
Eula Bingham is an American scientist who is best known as an Assistant Secretary of Labor for Occupational Safety and Health during the Carter Administration.-Biography:...
was appointed as the agency's administrator during the Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
administration. Under Bingham, OSHA began to concentrate more on health hazards like toxic chemicals. Bingham also launched the "New Directions" program, OSHA's first worker training grant program.
The Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
and Bush administrations saw efforts to weaken OSHA enforcement and rulemaking through Reagan's "deregulation" campaign. However, several of OSHA's most important rules were issued at the same time, including hazard communication (workers' right to know about chemical exposures) and blood-borne pathogens (regulations to protect workers against illnesses such as hepatitis
Hepatitis
Hepatitis is a medical condition defined by the inflammation of the liver and characterized by the presence of inflammatory cells in the tissue of the organ. The name is from the Greek hepar , the root being hepat- , meaning liver, and suffix -itis, meaning "inflammation"...
and AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
). The Reagan administration also launched OSHA's Voluntary Protection Program (VPP). VPP was OSHA's first foray into voluntary programs and partnerships with industry: 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.
In 2000, OSHA issued an ergonomics
Ergonomics
Ergonomics is the study of designing equipment and devices that fit the human body, its movements, and its cognitive abilities.The International Ergonomics Association defines ergonomics as follows:...
standard after ten years of study and debate with business associations such as the Chamber of Commerce and National Association of Manufacturers
National Association of Manufacturers
The National Association of Manufacturers is an advocacy group headquartered in Washington, D.C. with 10 additional offices across the country...
, who were unconvinced that additional regulation was needed. Ergonomic injuries such as carpal tunnel syndrome account for one third of all serious injuries suffered by American workers. In March 2001, the Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
-controlled Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
voted to repeal the standard and the repeal was one of the first major pieces of legislation signed by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
. 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.
The Bush administration 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. The number of inspections conducted by OSHA improved during the Bush Administration compared to the Clinton years.
It is sometimes believed that the Agency promotes "voluntary compliance." 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.
In June 2009 David Michaels
David Michaels (epidemiologist)
David Michaels is currently the Assistant Secretary of Labor for the Occupational Safety and Health Administration . He is a Professor in the Department of Environmental and Occupational Health at the George Washington University School of Public Health and Health Services. Dr...
was nominated by President Obama and later confirmed by the senate as the head of OSHA.
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)http://govinfo.library.unt.edu/ota/Ota_1/DATA/1995/9531.PDF 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 its criminal penalties. OSHA is only able to pursue a criminal penalty when a willful violation
Willful violation
In the North American legal justice system system and in US Occupational Safety and Health regulations,willful violation is an "act done voluntarily with either...
of an OSHA standard results in the death of a worker. The maximum penalty is a misdemeanor with a maximum of 6-months in jail. 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
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
(EPA) which has the ability to issue much higher fines than OSHA. Meanwhile, Congressional Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, labor unions and community safety and health advocates are attempting to revise the OSH Act
Occupational Safety and Health Act
The Occupational Safety and Health Act is the primary federal law which governs occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970...
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
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
and other felonies when criminal negligence
Criminal negligence
In the criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as an act that is:-Concept:...
leads to the death of a worker.
During its more than 30 years of existence, OSHA has secured only 12 criminal convictions.
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:
"[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:- 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.
- Permissible exposure limitPermissible Exposure LimitThe permissible exposure limit is a legal limit in the United States for exposure of an employee to a chemical substance or physical agent. For chemicals, the chemical regulation is usually expressed in parts per million , or sometimes in milligrams per cubic metre . Units of measure for physical...
s (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. - Personal protective equipmentPersonal protective equipmentPersonal protective equipment refers to protective clothing, helmets, goggles, or other garment or equipment designed to protect the wearer's body from injury by blunt impacts, electrical hazards, heat, chemicals, and infection, for job-related occupational safety and health purposes, and in...
(PPE) - broader use of respirators, gloves, coveralls, and other protective equipment when handling hazardous chemicals; goggles, face shields, ear protection in typical industrial environments - Lockout/tagout - In the 1980s, requirements for locking out energy sources (securing them in an "off" condition) when performing repairs or maintenance
- Confined spaceConfined spaceConfined space is a term from labor-safety regulations that refers to an area whose enclosed conditions and limited access make it dangerous.- Description :...
- 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 - Hazard Communication (HazCom ) - 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.
- Process Safety ManagementProcess Safety ManagementProcess Safety Management is a regulation, promulgated by the U.S. Occupational Safety and Health Administration . A process is any activity or combination of activities including any use, storage, manufacturing, handling or the on-site movement of Highly Hazardous Chemicals as defined by OSHA...
(PSM ) - 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. - Bloodborne Pathogens (BBP )- 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 HIVHIVHuman immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
. - Excavations and Trenches - OSHA regulations 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.
- 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.
- Mandatory Training - It is currently mandatory in the states of Connecticut, Massachusetts, Missouri, Nevada, New Hampshire, New York, and Rhode Island that all workers on a public jobsite must have a minimum of 10 hours of OSHA authorized safety training.
See also
- National Institute for Occupational Safety and HealthNational Institute for Occupational Safety and HealthThe National Institute for Occupational Safety and Health is the United States’ federal agency responsible for conducting research and making recommendations for the prevention of work-related injury and illness. NIOSH is part of the Centers for Disease Control and Prevention within the U.S...
(NIOSH) - American Society of Safety EngineersAmerican Society of Safety EngineersFounded in 1911, the American Society of Safety Engineers is the oldest safety society and is committed to protecting people, property and the environment. Its more than 33,000 occupational safety, health and environmental professional members manage, supervise, research and consult on safety,...
- Construction site safetyConstruction site safetyConstruction is the most dangerous land-based work sector in Europe, after the fishing industry. In the European Union, the fatal accident rate is nearly 13 workers per 100,000 as against 5 per 100,000 for the all sector average ....
- ErgonomicsErgonomicsErgonomics is the study of designing equipment and devices that fit the human body, its movements, and its cognitive abilities.The International Ergonomics Association defines ergonomics as follows:...
- MIOSHAMIOSHAThe Michigan Occupational Safety and Health Administration is a state government agency that regulates workplace safety and health in the U.S. state of Michigan...
- Occupational safety and healthOccupational safety and healthOccupational safety and health is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of all occupational safety and health programs is to foster a safe work environment...
- Occupational fatalityOccupational fatalityAn occupational fatality is a death that occurs while a person is at work or performing work related tasks. Occupational fatalities are also commonly called “occupational deaths” or “work-related deaths/fatalities” and can occur in any industry or occupation....
- Oregon OSHA
- Regulatory Flexibility Act
- OSHA History http://www.osha.gov/history/OSHA_HISTORY_3360s.pdf
- U.S. Chemical Safety and Hazard Investigation BoardU.S. Chemical Safety and Hazard Investigation BoardThe U.S. Chemical Safety and Hazard Investigation Board, also known as the Chemical Safety Board or CSB, is an independent U.S. federal agency charged with investigating industrial chemical accidents. Headquartered in Washington, D.C., the agency's board members are appointed by the president and...
- OSHA Official 1910.1030 Bloodborne Pathogen Regulation http://www.bloodbornepathogenstrainingonline.com/course/courses.html?tid=1