THE OCCUPATIONAL SAFETY AND HEALTH ACT: INSPECTIONS AND VIOLATIONS

Osha is the Occupational Safety and Health Administration  an agency of the United States Department of Labor. Osha requires employers to provide their employees with safety from all known dangers. Osha was created December 29, 1970, and it was signed by president Richard M. Nixon.

The right to a safe and healthy workplace is one of the legal guarantees that employees in the United States have under workplace rights. Furthermore, Health and safety is one of the most important aspects in the internal environment for an organization. The Occupational Safety and Health Administration (OSHA) is an organization within the U.S. Department of Labor that created what is known as the Occupational Safety and Health Act of 1970. The mission of OSHA and its act is to prevent work related injuries, illness, and death by setting rules, regulations, and standards for workplace health and safety. Since the establishment of OSHA and its Occupational Safety and Health Act of 1970, workplace fatalities have been cut by forty percent, and occupational injury and illness rates have been cut by sixty percent, proving their success in improving worker safety and health (1). OSHA has been able to accomplish this by implementing training programs for the employees within many different companies, but especially for those in construction and hard labor. They create these programs because they know that some working sites are more dangerous than others. For example, the U.S. Department of Labor, Bureau of Labor Statistics estimated that those in the construction industries have a “4.6 in 100 chance of being injured on or getting sick from their jobs”

This case is followed by the laws and regulations of OSHA. OSHA (Occupational Safety and Health Act) is an organization that has been put into place to ensure the safety of employees while on their jobs. These regulations are put into place to help reduce the number of on the job injuries and deaths.

The Occupational Safety and Health Act (OSHA), often referred to as the "OSH Act," was enacted in 1970 by President Richard M. Nixon. Its purpose is to assure safe and healthful working conditions for men and women (EPA, 2006). The Act is administered and enforced at the national level by the Occupational Safety and Health Administration, a division of the US Department of Labor. The application of the OSH Act in the current employment climate will be discussed as it applies to a variety of industries; considerations that are most applicable to the specific type of industry will be discussed initially, and those that are equally important regardless of the type of business will complete the section. Finally, this paper will discuss how the

“Everyone has the right to a safe workplace. The law requires employers to provide their employees with working conditions that are free of known dangers. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all relevant OSHA safety and health standards. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you used any right given to you under the OSHA Act.”

To accomplish these purposes, the OSH Act established a framework of regulatory standards and specific enforcement authority under the Act which were calculated to reform unsafe work place practices and reduce the number of health and safety hazards. This, in turn, would also reduce the total number of work place accidents.

In 1970 OSHA was designed to set in place guidelines to organize and regulate practices to reduce the injuries and accidents in the work place. These guidelines are there to both protect the worker and the employer. If the health care worker follows these important guidelines and is injured, the employer is responsible. However, if the injury or accident is a result to the worker’s negligence or disrespect to the procedure and guidelines, then the worker is at fault.

Occupational Safety and Health Administration (OSHA) has come a lengthy way to cut the death rates of firefighters in half. In 1970, they implemented a plan to help change working conditions for all Americans. OSHA was charged with the accountability of fulfilling health and safety standards, conducting inspections, issuing citations and penalties for noncompliance of regulations. OSHA created a division called National Institute Occupational Safety and Health (NIOSH). This division, the NIOSH, conducted research on the causes and prevention of work-related illnesses, injuries, and deaths, then provide information on what new measures can be used to prevent this from occurring so often. The group was

The Occupational Safety and Health Act of 1970 (OSHA) was developed and approved because of the escalating costs of accidents and illnesses in the workplace. According to Gomez-Mejia, Balkin, and Cardy (2010), OSHA is a national law that requires organizations to offer a safe and healthy workplace, to conform with particular occupational and health standards, and to document job-related injuries and diseases.

Guglielmo (2004) identifies a guide to OSHA regulations for employers. Dynamic Duo has three days according to OSHA laws to decide if they are going to argue the citations or to fix the issues. Additionally the employer is required to post a copy of each citation at or close to where the violation occurred for a minimum of three days or until the violation is fixed, whichever is longer. The company has a maximum of 15 days to respond to the citations (pg. 4). An organization should have an attorney they console with to make sure that they are in compliance with laws and what to do in case a lawsuit occurs against their organization.

President Richard Nixon signed into law the Occupational Safety and Health Act in 1970, which caused a robust of debates, before the Williams-Steiger Occupational Safety and Health Act became effective on April 28, 1971. In the same year a report revealed there had been approximately 14,000, occupational fatalities, 2.5 million job-related disabilities and 300,000 new cause of job-related illness (OSHA History). In addition, to the millions of employees suffering from workplace injuries, the employers were taking a financial hit from paying out more than $53 billion a year in worker’s compensation claims, indirect cost to the employee, and production lost (All About OSHA).

First, basic rules for OSHA inspections per the OSH Act are addressed. OSHA inspectors’ rights are they can inspect any work facility or site during normal work hours after presenting identification. Among other rules addressed in the same section of the Act are the right for the employer and representatives to accompany the inspector, and the right for employees to request an inspection and their right to anonymity in order to protect themselves from possible retribution (Coniglio, 2010). The legal case of Marshall vs. Barlow’s Inc. is also cited for further reference, as this case determined that the OSH Act cannot allow

To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes. Under the OSH Act, employers are responsible for providing a safe and healthful workplace. OSHA's mission is to assure safe and healthful workplaces by setting and enforcing standards, and by providing training, outreach, education and assistance. Employers must comply with all applicable OSHA standards. Employers must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards. Occupational Safety and Health Administration, (OSHA).

Under the Presidency of Richard Nixon, the Federal Occupational Safety and Health Act of 1970 (OSH Act) was approved to avoid employees from being seriously injured or killed while at work. With the new law passed, The United States Department of Labor created the Occupational Safety and Health Administration (OSHA), which on a Federal level establishes, implements, and enforces safety and health standards in the workplace. OSHA is also responsible for providing education, training, and support to employers and workers.

The employer also has to comply with all standards, rules, and regulations that are set forth by OSHA and the OSH Act. Employers are required to inspect the workplace to insure they are up to OSHA standards. Insure that employees are only using safe tools and equipment that are in their proper condition. It should be easy for the employees to be aware of potential hazards by the employer posting signs, using color codes, labels, or signs to convey warning. Employees must be trained in a language that they understand. Operating procedures must be in place and properly communicated to the employees to assure the employees follow safety and health standards. Employers that house or use hazardous chemicals will be required to have hazardous communication program and for that all the employees to be trained on exposure and precautions. Employers are to fund medical exams if required by OSHA standards. The OSHA poster must placed in a prominent location at the workplace. Records need to be kept of work-related injuries and illnesses. The log of these injuries and illnesses need to made available on February 1st for three months. Assure employees have access to medical and exposure records. Provide a workplace free of discrimination. OSHA citations must be posted at or near the work area where the infraction occurred. The citation must be in place for three working days or until the