Occupational Safety and Health Act (OSHA)

     OSHA was enacted in 1970 to ensure safe working conditions for all American workers.  OSHA requires employers to provide hazard free working conditions and imposes harsh penalties on those who fail to do so.

     OSHA has four main provions:

1. Compliance:  Employers must comply with OSHA standards, or if they are in a state plan state, by the state agency.
2. Safety:  Employers must keep their workplace free of recognized hazards.
3. Inspection:  Employers must submit to OSHA inspections.  If they are in a state plan state, then they must submit to OSHA approved state inspectors.
4. Employee Rights:  OSHA gives employees the right to request information about workplace hazards, refuse to work in hazardous environments, and get involved in workplace safety issues without fear of employer retaliation.

      Also, employers must maintain accurate records of all work-related accidents and diseases, as well as inform employees of their protections and duties under the law.

Regulated Employers:
     OSHA covers virtually all private businesses, regardless of size, as long as they employ at least one person and are located in one of the 50 states, the District of Columbia, and other U.S. territories. 

Covered Workers:
     OSHA applies to any employee of a covered employer, regardless of the employee's title, status, or classification.  OSHA does not apply to independent contractors.

How OSHA is Enforced:

1. Individual Complaints:  Employees can complain to OSHA, or to the OSHA approved agency if they live in a state plan state.
2. Agency Enforcement:  Except in state plan states, OSHA (the act itself) is enforced by OSHA, a division of the Department of Labor.  In state plan states, the law is enforced by an OSHA approved state equivalent.

For more information, please visit the Department of Labor website.

If you are working in a hazardous and unsafe workplace, please contact Ambuter Law for a free case evaluation.