The Occupational Safety and Health Administration (OSHA; /ˈoʊʃə/) is a regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces.
[4] Economic boom and associated labor turnover during World War II worsened work safety in nearly all areas of the United States economy, but after 1945 accidents again declined as long-term forces reasserted themselves.
[5] Additionally, new and powerful labor unions played an increasingly important role in worker safety post-World War II.
[6] OSHA started the Voluntary Protection Programs in 1982, which allow employers to apply as "model workplaces" to achieve special designation if they meet certain requirements.
The following 22 states or territories have OSHA-approved state programs: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.
[7] Federal OSHA provides coverage to certain workplaces specifically excluded from a state's plan, such as work in maritime industries or on military bases.
Section 19 of the OSH Act makes federal agency heads responsible for providing safe and healthful working conditions for their workers.
The OSH Act does not cover the self-employed, immediate family members of farm employers, or workplace hazards regulated by another federal agency (for example, the Mine Safety and Health Administration, the Department of Energy, or Coast Guard).
The OSH Act further requires that employers must first attempt to eliminate or reduce hazards by making feasible changes in working conditions, rather than relying solely on personal protective equipment such as masks, gloves, or earplugs.
Examples of effective ways to eliminate or reduce risks include switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air.
The OSH Act's current Construction, General Industry, Maritime, and Agriculture standards[21] are designed to protect workers from a wide range of serious hazards.
In its first year of operation, OSHA was permitted to adopt regulations based on guidelines set by certain standards organizations, such as the American Conference of Governmental Industrial Hygienists, without going through all of the requirements of a typical rule-making.
OSHA is granted the authority to promulgate standards that prescribe the methods employers are legally required to follow to protect their workers from hazards.
The repeal, one of the first major pieces of legislation signed by President George W. Bush, is the first instance that Congress has successfully used the Congressional Review Act to block regulation.
It is a violation of the OSH Act for an employer to fire, demote, transfer or in any way discriminate against a worker for filing a complaint or using other OSHA rights.
In 2020, the COVID-19 pandemic caused about 1,300 workers and their families to contract the virus, with four deaths, at the Smithfield Foods packing plant in Sioux Falls, South Dakota.
Under OSHA's Recordkeeping regulation, certain covered employers in high-hazard industries are required to prepare and maintain records of serious occupational injuries and illnesses.
Employers with more than ten employees and whose establishments are not classified as a partially exempt industry must record serious work-related injuries and illnesses using OSHA Forms 300, 300A and 301.
[37] OSHA's Whistleblower Protection Program (WPP) enforces the whistleblower provisions of the Occupational Safety and Health Act and 24 other statutes protecting workers who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, maritime and securities laws.
A WPP Investigator's job is to impartially gather and analyze all relevant evidence to determine whether unlawful whistleblower retaliation has occurred.
[38] OSHA's On-site Consultation Program[39] offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites.
Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management programs.
Eligibility for participation includes, but is not limited to, receiving a full-service, comprehensive consultation visit, correcting all identified hazards, and developing an effective safety and health management program.
Though it found that OSHA's findings and estimates are "subject to vigorous review and challenge", it stated that this is natural because "interested parties and experts involved in rulemakings have differing visions.
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.
[47] The Times investigation found that OSHA had failed to pursue prosecution "even when employers had been cited before for the very same safety violation" and even in cases where multiple workers died.
For instance, speaking about OSHA under the George W. Bush presidency on the specific issue of combustible dust explosions, Chemical Safety Board appointee Carolyn Merritt said: "The basic disappointment has been this attitude of no new regulation.