Occupational Health and Safety Administration

The Occupation Health and Safety Administration (OSHA) is an agency of the Department of Labor. It was established on April 28, 1971. ^[1]

OSHA revolves around the OSHA Act, signed by President Richard Nixon in December 1970.^[2] This was an act declaring that employers are responsible for providing their employees with a safe and healthy working environment. OSHA’s role is to help employers facilitate and promote safety while also providing employees with advice and relevant information regarding their rights. OSHA sets the standards for a positive work environment, establishing partnerships and continuing to improve on health and safety measures within the workplace.

The act was a salient milestone in American history because it was the first time a national and federal program was developed and aimed at protecting the rights of workers, including such issues as illness, injuries and death relating to the workplace. Secretary of Labor James Hodgson referred to the law as “the most significant legislative achievement” for workers.^[3]

OSHA and its affiliated partners consist of 2,150 inspectors, complaint and discrimination investigators, engineers, physicians, educators, standards writers, and other technical and support staff. The agency generated $486.9 million in its 2007 fiscal year.

The majority of workers fall under OSHA’s protective watch. Those who don’t usually belong to professions with their own unions. Workers such as miners, transportation workers, and public employees are not covered under OSHA for various reasons.^[4]

[edit] OSHA Regulations

OSHA has been responsible for implementing the following standards:

In 1991, OSHA established the Bloodborne Pathogens Standard to protect workers from this risk. It was revised in 2001 with the introduction of the Needlestick Safety and Prevention Act, which focused on needle safety and more knowledgeable employees.

In the 1990s, OSHA established regulations for working in confined spaces. Those working in areas such as manholes, inside tanks, pits, and bins were required to work in pairs. Air sampling requirements were also imposed in these situations.

OSHA also implemented standards for work in excavation and trenches. Workers in trenches more than five feet (1.5 m) deep are required to wear protective gear. Furthermore, the storage of excavation equipment and materials must be safeguarded against sloping. Working in trenches 25 feet (7.6 m) deep or greater, workers are required to have an egress for easy escape in the event of a collapse or cave-in.^[5]

[edit] OSHA and Agriculture

In the farming and construction industries, OSHA has played a significant role in preventing illnesses and fatalities. Between 1992 and 2002, 806 fatalities occurred on farm-related tasks and operations. From 1982 to 1996, an average of 145 on-farm deaths occurred each year, most of these occurring to people under the age of 20. These figures are significant because while deaths in the farming industry are continuing to decrease, they still account for as much as four times the rate of those in the private sector since 2002.^[6]

[edit] OSHA and Construction

OSHA has many standards that are imposed within the construction industry, including issues related to crane operation, steel erection, towers, work zones, and electric power generation. Additionally, OSHA has a worldwide classification and labeling system of chemicals. OSHA works with the Advisory Committee on Construction Health and Safety (ACCHS) to devise their standards and implement regulations that will benefit the health and safety of workers in the construction industry.^[7]

Some notable regulations that OSHA has imposed for the construction industry include fall protection. Between 150 and 200 workers die each year due to falling on the job. Fall protection systems are required in relevant situations to combat this. As well, proper construction of these facilities must be carried out, along with supervision of workers when operating at heights, and the regular maintenance of these systems to ensure they are kept safe and efficient. There are also listed regulations and recommendations for ladders and electrical devices.^[8]

OSHA does not have regulations but does have recommendations regarding the following within the construction industry:

Asphalt fumes are not regulated by amount and no specified equipment is required by employers, but OSHA has recommended that general safety procedures are intact while operating with asphalt, a petroleum-based product widely used for road paving and concrete applications.^[9]

Section 5(a)(1) of the OSH act (the General Duty clause) addresses general standards for the use of compressed gas and equipment. Employers are to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." No specific regulations have been administered, however.^[10]

[edit] Criticism

OSHA has faced many criticisms and controversies since its induction into history. Many critics say that the majority of cases that are brought to the attention of the Department of Justice are not prosecuted. The New York Times has investigated and concluded that from 1982 to 2002, 2,197 workers were killed in 1,242 cases as a result of employers willfully violating the OSHA standards. It also claims that 57 percent of the 119 cases put forward for the DOJ were rejected outright and of the 51 remaining referrals, 63 percent ended in the defendant settling pre-trial with no prison time. OSHA has been criticized for being ill equipped for carrying out criminal investigations, resulting in larger corporations escaping from their violations unscathed. Accordingly, only a handful of cases were successfully prosecuted since 1982.^[11]

[edit] References

1. ↑ History at the Department of Labor. U.S. Department of Labor, 2008-09-30.
2. ↑ History at the Department of Labor. U.S. Department of Labor, 2008-09-30.
3. ↑ OSHA's Role. U.S. Department of Labor, 2008-09-30.
4. ↑ OSHA's Role. U.S. Department of Labor, 2008-09-30.
5. ↑ OSHA Safety Tips. U.S. Department of Labor, 2008-09-30.
6. ↑ Safety and Health Topics: Agricultural Operations. U.S. Department of Labor, 2008-09-30.
7. ↑ OSHA Assistance for the Construction Industry. U.S. Department of Labor, 2008-09-30.
8. ↑ Fall Protection in Construction. U.S. Department of Labor, 2008-09-30.
9. ↑ Safety and Health Topics: Asphalt Fumes. U.S. Department of Labor, 2008-09-30.
10. ↑ Compressed Gas and Equipment: OSHA Standards. U.S. Department of Labor, 2008-09-30.
11. ↑ Nash, James. Justice Dept. Drops Most Criminal OSHA Referrals. EHS Today, 2008-09-30.

[edit] External Links

• Official U.S. Occupational Health and Safety Administration website