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The Occupational Safety and Health Act of 1970 is a
US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "orga ...
governing the
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many ...
of
occupational health and safety Occupational safety and health (OSH), also commonly referred to as occupational health and safety (OHS), occupational health, or occupational safety, is a multidisciplinary field concerned with the safety, health, and welfare of people at wor ...
in the private sector and federal government in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
. It was enacted by Congress in 1970 and was signed by
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
on December 29, 1970. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. The Act created the
Occupational Safety and Health Administration The Occupational Safety and Health Administration'' (OSHA ) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Congress established the agen ...
(OSHA) and the
National Institute for Occupational Safety and Health The National Institute for Occupational Safety and Health (NIOSH, ) 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 C ...
(NIOSH). The Act can be found in the
United States Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
at title 29, chapter 15.


History of federal workplace safety legislation

Few workplace health and safety protections were available through the federal government before the passage of OSHA. The American system of mass production encouraged the use of machinery, while the statutory regime did nothing to protect workplace safety. For most employers, it was cheaper to replace a dead or injured worker than it was to introduce safety measures.Aldrich, Mark. ''Safety First: Technology, Labor and Business in the Building of Work Safety, 1870-1939.'' Baltimore: Johns Hopkins University Press, 1997.
Tort law A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishab ...
provided little recourse for relief for the survivors of dead workers or for injured employees.Fishback, Price and Shawn Kantor. ''A Prelude to the Welfare State: The Origins of Workers' Compensation.'' New ed. Chicago: University of Chicago Press, 2000. After the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government polici ...
, some improvements were made through the establishment of state railroad and factory commissions, the adoption of new technology (such as the
railway air brake A railway air brake is a railway brake power braking system with compressed air as the operating medium. Modern trains rely upon a fail-safe air brake system that is based upon a design patented by George Westinghouse on April 13, 1869. The ...
), and more widespread availability of
life insurance Life insurance (or life assurance, especially in the Commonwealth of Nations) is a contract between an insurance policy holder and an insurer or assurer, where the insurer promises to pay a designated beneficiary a sum of money upon the dea ...
. But the overall impact of these improvements was minimal. The first federal safety legislation was enacted in the Progressive period. In 1893, Congress passed the
Safety Appliance Act The Safety Appliance Act is a United States federal law that made air brakes and automatic couplers mandatory on all trains in the United States. It was enacted on March 2, 1893, and took effect in 1900, after a seven-year grace period. The ...
, the first federal statute to require safety equipment in the workplace (the law applied only to railroad equipment, however). In 1910, in response to a series of highly publicized and deadly mine explosions and collapses, Congress established the
United States Bureau of Mines For most of the 20th century, the United States Bureau of Mines (USBM) was the primary United States government agency conducting scientific research and disseminating information on the extraction, processing, use, and conservation of mineral ...
to conduct research into mine safety (although the Bureau had no authority to regulate mine safety). Backed by
trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ...
s, many states also enacted
workers' compensation Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...
laws which discouraged employers from permitting unsafe workplaces. These laws, as well as the growing power of labor unions and public anger toward poor workplace safety, led to significant reductions in worker accidents for a time. Industrial production increased significantly in the United States during
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
, and industrial accidents soared. Winning the war took precedence over safety, and most labor unions were more concerned with maintaining wages in the face of severe inflation than with workplace health and safety.Senate Labor and Public Welfare Committee. ''Job Safety and Health Act of 1970''. Committee Report No. 91-1282 on S. 2193. 91st Congress, 2d Session (October 6, 1970). After the war ended, however, workplace accident rates remained high and began to rise. In the two years preceding OSHA's enactment, 14,000 workers died each year from workplace hazards, and another 2 million were disabled or harmed. Additionally, the "
chemical revolution The chemical revolution, also called the ''first chemical revolution'', was the early modern reformulation of chemistry that culminated in the law of conservation of mass and the oxygen theory of combustion. During the 19th and 20th century, this ...
" introduced a vast array of new chemical compounds to the manufacturing environment. The health effects of these chemicals were poorly understood, and workers received few protections against prolonged or high levels of exposure.Ashford, Nicholas A. ''Crisis in the Workplace: Occupational Disease and Injury''. Cambridge, Mass.: MIT Press, 1976. While a few states, such as California and New York, had enacted workplace safety as well as workplace health legislation, most states had not changed their workplace protection laws since the turn of the century.


Passage

In the mid-1960s, growing awareness of the environmental impact of many chemicals had led to a politically powerful
environmental movement The environmental movement (sometimes referred to as the ecology movement), also including conservation and green politics, is a diverse philosophical, social, and political movement for addressing environmental issues. Environmentalists a ...
. Some labor leaders seized on the public's growing unease over chemicals in the environment, arguing that the effect of these compounds on worker health was even worse than the low-level exposure plants and animals received in the wild.Leopold, Les. ''The Man Who Hated Work and Loved Labor: The Life and Times of Tony Mazzocchi.'' White River Junction, Vt.: Chelsea Green Publishing, 2007. Donnelly, Patrick G. "The Origins of the Occupational Safety and Health Act of 1970." ''Social Problems.'' 30:1 (October 1982). On January 23, 1968, President
Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
submitted a comprehensive occupational health and safety bill to Congress. Led by the
United States Chamber of Commerce The United States Chamber of Commerce (USCC) is the largest lobbying group in the United States, representing over three million businesses and organizations. The group was founded in April 1912 out of local chambers of commerce at the urgin ...
and the
National Association of Manufacturers The National Association of Manufacturers (NAM) is an advocacy group headquartered in Washington, D.C., with additional offices across the United States. It is the nation's largest manufacturing industrial trade association, representing 14,000 s ...
, the legislation was widely opposed by business.Page, Joseph A. and O'Brien, Mary-Win. ''Bitter Wages.'' New York: Grossman, 1973. Many labor leaders, including the leadership of the
AFL–CIO The American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) is the largest federation of unions in the United States. It is made up of 56 national and international unions, together representing more than 12 million ac ...
, supported the legislation, including testifying in support at congressional hearings. The legislation died in committee. On April 14, 1969, President Richard Nixon introduced two bills into Congress which would have also protected worker health and safety. The Nixon legislation was much less prescriptive than the Johnson bill, and workplace health and safety regulation would be advisory rather than mandatory. However, Representative
James G. O'Hara James Grant O'Hara (November 8, 1925 – March 13, 1989) was a soldier and politician from the U.S. state of Michigan, serving as U.S. Representative from 1959 to 1977. Early life O'Hara was born in Washington, D.C. He moved with his parents to ...
and
Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
Harrison A. Williams introduced a much stricter bill similar to the Johnson legislation of the year before. Companion legislation introduced in the House also imposed an all-purpose "general duty" clause on the enforcing agency as well. With the stricter approach of the Democratic bill apparently favored by a majority of both chambers, and unions now strongly supporting a bill, Republicans introduced a new, competing bill. The compromise bill established the independent research and standard-setting board favored by Nixon, while creating a new enforcement agency. The compromise bill also gave the Department of Labor the power to litigate on the enforcement agency's behalf (as in the Democratic bill). In November 1970, both chambers acted: The House passed the Republican compromise bill, while the Senate passed the stricter Democratic bill (which now included the general duty clause). A
conference committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
considered the final bill in early December 1970. Union leaders pressured members of the conference committee to place the standard-setting function in the Department of Labor rather than an independent board. In return, unions agreed to let an independent review commission have veto power over enforcement actions. Unions also agreed to removal of a provision in the legislation which would have let the Secretary of Labor shut down plants or stop manufacturing procedures which put workers in "imminent danger" of harm. In exchange for a Republican proposal to establish an independent occupational health and safety research agency, Democrats won inclusion of the "general duty" clause and the right for union representatives to accompany a federal inspector during inspections. The conference committee bill passed both chambers on December 17, 1970, and President Nixon signed the bill on December 29, 1970. According to the ''New York Times'', labor and environment activist Tony Mazzocchi was a "principal force behind the legislation". The Act went into effect on April 28, 1971 (now celebrated as Workers' Memorial Day by American labor unions).


Description

In passing the Act, Congress declared its intent "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources." The Act created the
Occupational Safety and Health Administration The Occupational Safety and Health Administration'' (OSHA ) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Congress established the agen ...
(OSHA), an agency of the Department of Labor. OSHA was given the authority both to set and enforce workplace health and safety standards. The Act also created the independent Occupational Safety and Health Review Commission to review enforcement priorities, actions and cases. The Act also established the
National Institute for Occupational Safety and Health The National Institute for Occupational Safety and Health (NIOSH, ) 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 C ...
(NIOSH), an independent research institute in the then Department of Health, Education & Welfare now under-
Centers for Disease Control The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgi ...
and Prevention. The Act defines an employer to be any "person engaged in a business affecting commerce who has employees, but does not include the United States or any state or political subdivision of a State." The Act applies to employers as diverse as manufacturers, construction companies, law firms, hospitals, charities, labor unions and private schools. Churches and other religious organizations are covered if they employ workers for secular purposes. The Act excludes the self-employed, family farms, workplaces covered by other federal laws (such as mining, nuclear weapons manufacture, railroads and airlines) and state and local governments (unless state law permits otherwise). The Act covers federal agencies and the
United States Postal Service The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the ...
.Occupational Safety and Health Administration. ''All About OSHA.'' OSHA 3302-06N. Washington, D.C.: U.S. Department of Labor, 2006. Section 5 of the Act contains the "
general duty clause The General Duty Clause of the United States Occupational Safety and Health Act (Federal OSHA) states: 29 U.S.C. § 654, 5(a)1: Each employer shall furnish to each of his employees employment and a place of employment which are free from recognize ...
." The "general duty clause" requires employers to 1) Maintain conditions or adopt practices reasonably necessary and appropriate to protect workers on the job; 2) Be familiar with and comply with standards applicable to their establishments; and 3) Ensure that employees have and use personal protective equipment when required for safety and health. OSHA has established regulations for when it may act under the "general duty clause." The four criteria are 1) There must be a hazard; 2) The hazard must be a recognized hazard (e.g., the employer knew or should have known about the hazard, the hazard is obvious, or the hazard is a recognized one within the industry); 3) The hazard could cause or is likely to cause serious harm or
death Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
; and 4) The hazard must be correctable (OSHA recognizes not all hazards are correctable). Although theoretically a powerful tool against workplace hazards, it is difficult to meet all four criteria. Therefore, OSHA has engaged in extensive regulatory rule-making to meet its obligations under the law. Due to the difficulty of the rule-making process (which is governed by the Administrative Procedures Act), OSHA has focused on basic mechanical and chemical hazards rather than procedures. Major areas which its standards currently cover are: Toxic substances, harmful physical agents, electrical hazards, fall hazards, hazards associated with trenches and digging, hazardous waste, infectious disease, fire and explosion dangers, dangerous atmospheres, machine hazards, and confined spaces. Section 8 of the Act covers reporting requirements. All employers must report to OSHA within eight hours if an employee dies from a work-related incident, or three or more employees are hospitalized as a result of a work-related incident. Additionally, all fatal on-the-job heart attacks must also be reported. Section 8 permits OSHA inspectors to enter, inspect and investigate, during regular working hours, any workplace covered by the Act. Employers must also communicate with employees about hazards in the workplace. By regulation, OSHA requires that employers keep a record of every non-consumer chemical product used in the workplace. Detailed technical bulletins called material safety data sheets (MSDSs) must be posted and available for employees to read and use to avoid chemical hazards. OSHA also requires employers to report on every injury or job-related illness requiring medical treatment (other than
first aid First aid is the first and immediate assistance given to any person with either a minor or serious illness or injury, with care provided to preserve life, prevent the condition from worsening, or to promote recovery. It includes initial i ...
) on OSHA Form 300, "Log of Work-Related Injuries and Illnesses" (known as an "OSHA Log" or "Form 300"). An annual summary is also required and must be posted for three months, and records must be kept for at least five years.Occupational Safety and Health Administration. ''Small Business Handbook.'' OSHA 2209-02R. Washington, D.C.: U.S. Department of Labor, 2005. Section 11(c) of the Act prohibits any employer from discharging, retaliating or discriminating against any employee because the worker has exercised rights under the Act. These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection. Section 18 of the Act permits and encourages states to adopt their own occupational safety and health plans, so long as the state standards and enforcement "are or will be at least as effective in providing safe and healthful employment" as the federal OSH Act. States that have such plans are known as "OSHA States." As of 2007, 22 states and territories operated complete plans and four others had plans that covered only the public sector.


See also

*
United States labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "org ...
*
Factory Acts The Factory Acts were a series of acts passed by the Parliament of the United Kingdom to regulate the conditions of industrial employment. The early Acts concentrated on regulating the hours of work and moral welfare of young children employed ...
(UK) *
Occupational Safety and Health Act 1994 The Occupational Safety and Health Act 1994 ( ms, Akta Keselamatan dan Kesihatan Pekerjaan 1994) is a piece of Malaysian legislation which was gazetted on 24 February 1994 by the Malaysian Parliament. The principle of the Act is ''"To make fu ...
(Malaysia) * Hazard prevention *
Health and Safety at Work etc. Act 1974 The Health and Safety at Work etc. Act 1974c 37 (abbreviated to "HSWA 1974", "HASWA" or "HASAWA") is an Act of the Parliament of the United Kingdom that defines the fundamental structure and authority for the encouragement, regulation and enfor ...
(UK) *
Occupational fatality An 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 o ...


Notes


Further reading

* David Rosner, Gerald Markowitz. 2020. “A Short History of Occupational Safety and Health in the United States”, American Journal of Public Health


External links


As codified in 29 U.S.C. chapter 15
of the
United States Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
from the LII
As codified in 29 U.S.C. chapter 15
of the
United States Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
from the
US House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

Occupational Safety and Health Act of 1970PDFdetails
as amended in the GPObr>Statute Compilations collection

The official OSHA web site

The official NIOSH web site

"The Job Safety Law of 1970: Its Passage Was Perilous' Official DOL website
{{Authority control 1970 in law 91st United States Congress United States federal labor legislation Act Safety codes Occupational safety and health law 1970 in labor relations 1970 in American law