Workplace Safety & OSHA Compliance
The Occupational Safety and Health (OSH) Act was created to prevent job-related hazards that may cause injury, illness and death. The Occupational Safety and Health Administration (OSHA) is the agency in the U.S. Department of Labor charged with enforcing the act and establishing workplace safety standards. Employees protected under the act may report unsafe work conditions to the employer and OSHA.
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History
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Prior to the creation of OSHA, states set their own laws regarding workplace safety standards. By the late 1930s, every state had enacted work-related safety laws, and the federal government began to promote safety and health through the Labor Department's Bureau of Labor Standards. Nevertheless, workplace injuries, illnesses and fatalities continued. According to "Reflections on OSHA's History," by 1970, each year there were approximately 14,000 occupational fatalities, 2.5 million work-related disabilities, and 300,000 work-related illnesses. On December 29, 1970, President Richard M. Nixon signed the OSH Act into law.
Coverage
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Private employers that engage in interstate commerce must comply with OSHA. This means that if an employer sends correspondence through the U.S. Postal Service or makes a phone call to another state, OSHA applies. There are hundreds of safety standards under OSHA. For instance, OSHA regulates the storage of hazardous material, the type of protective equipment an employee must wear and maintenance standards for equipment.
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Employers
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OSHA's mission is to lessen the exposure of workers to hazards and to prevent injuries, illnesses and death. OSHA requires covered employers to comply with its requirements. An employer must do the following: provide employees with a work environment that is free from hazards that may cause injury, illness or death; keep a record of job-related injuries, illnesses and deaths; provide necessary safety training; and post an OSHA safety notice at work.
Safety Hazards
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An employee can report a safety hazard that poses an imminent risk of harm to the employer or OSHA. The employee should inform the employer in writing. If the safety hazard poses what OSHA terms an "immediate and substantial danger," the employee has the right to refuse to work. The employee can refuse to work until the danger no longer exists or until an investigation determines that no immediate and substantial danger exists.
Retaliation
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OSHA prohibits an employer from retaliating against an employer who reports a safety hazard to OSHA, communicates with an OSHA inspector, assists in an OSHA investigation or refuses to work in hazardous conditions. An employee must report the retaliation to OSHA within 30 days after it occurs. If OSHA determines that an employer has engaged in retaliation, OSHA may impose remedial measures on the employer. Remedial measures include the reinstatement of the employee or the awarding of pack pay to the employee.
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