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An overview of the Occupational Safety and Health Administration (OSHA), its history, mission, and the rights of workers regarding safety and health in the workplace. It covers the OSHA Act, the responsibilities of employers and employees, and the procedures for filing complaints and inspections.
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Even though OSHA has had an impact on worker safety and health, significant hazards and unsafe conditions still exist in the U.S. workplaces. ◦ On average, 15 workers die every day from job injuries ◦ Over 5,600 Americans die from workplace injuries ◦ Over 4 million non-fatal workplace injuries and illnesses were reported ◦ The estimated cost of occupational injuries and illnesses are from $145 billion to $ billion a year for direct and indirect costs. OSHA publishes an updated Fatality/Catastrophe Reports on its web site FAT/CAT Reports contain the following information: ◦ Date of incident ◦ Company and Location ◦ Preliminary description of the incident
On December 29, 1970 President Nixon signed the OSHA Act. This Act created OSHA, the agency, which formally came into being on April 28, 1971. With the creation of OSHA, all employers in the United States had the legal responsibility to provide a safe and healthful workplace for employees. The OSH Act is also known as Public Law 91-596. OSHA stands for the Occupational Safety and Health Administration, an agency of the U.S. Department of Labor. OSHA’s responsibility is worker safety and health protection OSHA was created by Congress under the Occupational Safety and Health Act of 1970 There were four main events that led to the OSHA laws. ◦ 1911 Triangle Shirtwaist Company: a fire in New York City killed 146 of 500 employees in one of the worst work-related disasters in our country’s history. Factory workers died because doors were locked and there were no fire escapes. ◦ Production for World War I: The government created a Working Conditions Service to help states inspect plants and reduce hazards. ◦ 1930’s Roosevelt’s New Deal: As part of President Roosevelt’s New Deal, additional laws increased the federal government’s role in job safety and health. But the federal role was mainly to provide services and information to state governments. ◦ 1960 Statistics: 14,000 workers died every year and more than 2.2 million workers were not able to work due to injuries and illnesses.
OSHA also assists the states in their efforts to assure safe and healthful working conditions through OSHA and health programs operated by individual states instead of-approved job safety federal OSHA. Hazard Communication Standard or “Right to Know” provide additional rights: ◦ A safe and healthful workplace ◦ Know about hazardous chemicals Employers must have a written, complete hazard communication program that includes information on: Container labeling, MSDs and Worker training. (Note: MSDs provides important information to workers about hazardous chemicals in the workplace) ◦ Information about injuries and illnesses in your workplace OSHA’s recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses. The log, which is also called the OSHA 300, must contain all work-related injuries and illnesses resulting in lost work days, restricted work or transfer to another job, as well as any incident requiring more than first aid treatment. You have a right to review the current log, as well as the logs store for the past 5 years. The employer must provide this by the end of the next work day.
◦ Complain or request hazard correction from an employer ◦ Workers may bring up safety and health concerns in the workplace to their employers without fear of discharge or discrimination, as long as the complaint is made in good faith. [Title 29 of the Code of Federal Regulations (CFR 1977.9(c)] ◦ Training: You have a right to get training from your employer on a variety of health and safety hazards, and standards that your employer must follow.
◦ Hazard exposure and medical records Under OSHA’s standard 1910.1020, you have the right to examine and copy exposure and medical records, including records of workplace monitoring or measuring a toxic substance. OSHA standards require employers to measure exposure to harmful substances, and workers or their representatives have the right to observe the testing and examine the results. If the exposure levels are above the limit set by standard, the employer must tell workers what will be done to reduce exposure. ◦ File a complaint with OSHA: You may file a complaint with OSHA if you believe a violation of safety or health standard, or an imminent danger situation, exists in your workplace. You may request that your name not be revealed to your employer. ◦ Participate in an OSHA inspection: If an OSHA inspection is conducted in your workplace, you have the right to have your representative accompany the inspector on the inspection. You also have the right to talk to the inspector privately. You also have the right to find out about inspection results and abatement measures, and get involved in any meetings or hearings related to the inspection. ◦ Be free from retaliation for exercising safety and health rights: Workers have the right to seek safety and health on the job without fear of punishment [Section 11(c) of the OSH Act]