The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration, OSHA, which provides national guidance and instruction to assist employers and employees in reducing work-related injuries, illness and death. The need for national standards governing work environments was evidenced by the ever-increasing percentage of deaths and disabling injuries sustained on the job. Some sources report that the incidence of disabling injuries increased by 20% during the 1960’s alone, with over fourteen thousand workers dying each year from workplace accidents.
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OSHA was implemented to address this seeming lack of protection for America’s workforce. Its stated purpose is 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 objective was not to mandate absolute safety, but rather, minimize significant harm. While it might not often seem the case to employers, OSHA regulations do not require that workers provided an absolute risk-free work environment. Rather, OSHA’s objective is to eliminate significant harm—while taking into account the need for the industry to function without unreasonable interference.
The Act’s policy objectives were rather broad, and it fell to OSHA to implement specific regulations to effectuate these objectives. Specifically, these policies include providing for training programs to increase competency of personnel engaged in occupational health and safety, encouraging employers and employees to reduce the number of occupational safety and health hazards in the workplace and foster the creation and perfection of programs providing for safer working conditions, and providing for the development and promulgation of occupational safety and health standards. OSHA regulations place the primary responsibility for workplace safety on the employer, rather than on any federal or state governmental agency. Further, the statute is preventative and remedial in nature, meaning that its provisions will be construed liberally in favor of protecting employees.
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Of particular significance to the General Industry is OSHA’s regulation and monitoring of the use of hazardous chemicals in the workplace. In 1983 OSHA published the Hazard Communication Standard requiring the distribution by manufacturers and distributors of hazardous chemicals a Material Safety Data Sheet. Effective September 23, 1987, the requirements of the Hazard Communication Standard were extended to include all employees exposed to hazardous chemicals in their workplaces. In 2012, OSHA changed their hazard communication standards to meet the growing needs of migrant workers and a global economy. In doing so, OSHA revised the “right to know” standards to a “right to understand” by adopting the precepts of the global harmonization system (GHS). Global Harmonization was adopted from standards devised by The United Nations thus bringing our SDS program international in scope. This system standardized the former MSDS sheets, now called Safety Data Sheets SDS and uses a standard set of pictograms thus making the SDS easier to read and understand.
Since 1970, OSHA has dramatically changed the workplace environment as well as the relationship between employers and employees, and will continue to do so for the foreseeable future.
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There are currently about 2200 OSHA officers that cover the entire US and about 20 of those officers are stationed here in Georgia. Considering the workforce, that’s not a lot. Their primary goal is to insure American workers a safe and healthy workplace and to preserve and protect human resources. They have an inspection protocol and they are listed in order:
- Eminent Danger- A report of active work that is life threatening
- Death, dismemberments, hospitalizations or loss of an eye
- Worker Complaints- verifiable first, then anonymous
- Routine inspections
When OSHA Comes to your Company, you need safety consultants on your side!
Given the priority of inspection protocols listed above, many of America’s small to midsized companies may operate for a lifetime and never meet an OSHA officer. But make no mistake they are out there and the fines begin at $9200.00 per violation! Barring some tragedy, the most likely reason that OSHA might show up at your place of business is due to a complaint from a disgruntled employee. Please be aware that OSHA’s Whistleblower Act protects an employee from retaliation by an employer.
If you do get a visit from an OSHA officer, they will first show you his credentials. Next, he/she will state the reason for his visit. He may ask for any documentation such as 300 and 300(a) Log books as well as any safety protocols or manuals you have. Be courteous, often times a simple look see is all that is necessary. But understand, there are many different standards which apply See the chart below as to some of the most frequent violations OSHA has sited.