What is OSHA?
The Occupational Safety and Health Administration (OSHA) is a division of the United States Department of Labor that was established in 1970 and functions primarily to protect employees from workplace hazards. It provides rules and regulations that promote safety and health in the workplace and rights for workers that are enforced by law. These laws and regulations are enforced on a federal level and extend to all 50 states as well as some territories and jurisdictions under federal boundaries.
OSHA covers most private sector employees and has regional offices divided in zones across the United States. Some states have their own safety plans that OSHA monitors to ensure they are sufficient to prevent injury or illness in the workplace. Some of the basic regulations and rights extended to workers and workplaces include the following:
- Employers must communicate workplace hazards to their employees
- Employers must provide safety training in a language that workers understand
- Employers must providing Personal Protective Equipment (PPE)
- Whistleblower statutes for employees (OSHA’s Whistleblower Protection Program)
- Working conditions for employees without risk of serious harm
- Employees’ right to file complaints with OSHA
- Employees’ right to receive training, information, and records concerning workplace-related hazards and injuries
What Does OSHA Do?
In addition to protecting employee rights and regulating workplace standards, OSHA is responsible for conducting inspections regularly. These inspections are carried out by OSHA inspectors, also known as compliance safety and health officers. They are experienced individuals who check the workplace to ensure that OSHA regulations are being followed. They provide feedback on how to prevent workplace hazards and reduce injury and illness on the job.
OSHA inspections are not conducted on designated days or schedules. The purpose of the inspections is to be spontaneous so employers are more inclined to stay prepared for an inspection at any given moment.
Along with routine inspections, OSHA is also responsible for responding to employee complaints. Employees have the right to file complaints with OSHA about safety concerns and even to request an OSHA inspection of their workplace with total anonymity to the employer. They can do so by mail, fax, email, or over the phone. Any contest of citations and penalties from OSHA inspections are then decided upon by the Occupational Safety and Health Review Commission (OSHRC).
The History Behind OSHA
Prior to the creation of OSHA in 1970, workplace fatalities and injuries were too common. Around 38 employees died daily and almost 14,000 died annually. Employees had little to no rights and were forced to work in dangerous conditions. There were no official procedures for emergency situations or precautions to safeguard employees from hazards. When an employee did die, it was cheaper for companies to simply replace them than it was for them to provide protective equipment that would prevent further workplace death.
That all changed when Richard Nixon signed into effect the OSH Act of 1970, which finally began to improve workers’ safety and health. Since then, daily worker fatalities have been reduced to 14 compared to the previous rate of 38. Annual workplace fatalities have also since been reduced to approximately 5,200 a year. Although these statistics are still too high, they are considerably lower than they were before OSHA began putting regulations in place to protect employees.
Today, OSHA is continually monitoring and mandating safety standards in the workplace. Their efforts ensure that employees are protected and companies disciplined for failing to follow regulations.
Health and Safety Branches That Work With OSHA
Other branches of the government have worked alongside OSHA since it was established to promote health and safety. Some of these branches include:
- NIOSH – The National Institute for Occupational Safety and Health is officially a branch of the Center for Disease Control (CDC) but works with OSHA to conduct research and recommend measures to prevent workplace accidents, illnesses, and injuries.
- CDC – The Center for Disease Control researches how to control illnesses in the workplace as well as on a national level. Their practices and procedures for preventing illness work in tandem with the regulations of OSHA to ensure workers’ health on the job.
- ANSI – The American National Standards Institute publishes safety standards for employers and equipment manufacturers. This organization is not government-affiliated, so its standards are not enforceable by law. However, the recommendations and ratings for safe practices and tools reflect valued industry information that expounds on OSHA regulations.
- OSHRC – The OSHRC is a federal agency that hears trials and appeals brought forth from contests of citations or penalties. OSHA inspectors take notes on any violations of OSHA standards in the workplace, which are then reviewed and decided by OSHRC independent of OSHA.
Who Do OSHA Standards Apply To?
Very few employees and industries do not fall under the jurisdiction of OSHA. OSHA is responsible for most private and public sector employees throughout the United States. Working with NIOSH to regulate these industries, safety and health are prioritized across the workplace everywhere in the nation. These industries include but are not limited to:
- Agriculture
- Commercial Fishing
- Construction
- Emergency Medical Services
- Fire Fighters
- Health Care Workers
- Mining
- Outdoor Workers
- Veterinary Safety and Health
- And more!
OSHA keeps track of these many industries by categorizing them into four distinct classifications. Each of these classifications has its own established standards specific to protect the workers within them. They are as follows:
- General Industry
- Construction
- Maritime
- Agriculture
Employees that are not regulated by OSHA include self-employed people or immediate family members of farm employers. Industries that OSHA does not cover include those that are under the jurisdiction of other federal statutes such as:
- Nuclear power industries. Such industries are regulated instead by the Department of Energy.
- Mining companies. These companies are regulated instead by the Mine Safety and Health Administration.
- Domestic services employers. Refers to the employment of hired workers for household work such as housecleaning, cooking, child care, etc.
- Businesses that do not engage in interstate commerce. This refers to some small business that functions independently, but some aspects may still need to be regulated by OSHA.
Are State Plans OSHA regulated?
State Plans operate by individual states or U.S. territories rather than solely on OSHA programs. They have to be approved by OSHA, and OSHA regulations and standards act as baseline requirements for their plans. This means that state plans can do the following:
- Create additional safety requirements and policies
- Impose higher fines and penalties
- Create their own system for review and appeal of citations
Of all 50 states, 22 of them are covered by state plans for both private sector, state, and local government employees.
OSHA provides both funding and coverage for those excluded from state plans. For example, a state may exclude the maritime industry from its state plan but it will still be covered by OSHA. OSHA also evaluates state plans annually through the Federal Annual Monitoring Evaluation (FAME) process to determine whether or not the state plan is as effective as OSHA at the minimum.
Filing a workplace complaint within a state that is covered by a state plan is the same as one without a state plan. The complaint can be filed to OSHA by mail, email, fax, or phone. Workplaces in states with a state plan can also be spontaneously inspected by an OSHA inspector or upon an employee’s anonymous request.
What Does OSHA Stand For?
What OSHA stands for can best be understood by its mission statement. It stands “to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance” (OSHA). Any aspect of worker safety and health risks is regulated by OSHA to protect workers from danger and harm. They stand for workers’ rights and enforce the law when employers retaliate against their employees.
Standards and Regulations
There are many individual standards within OSHA that cannot be completely covered here. But an awareness of what standards are and how they function will make them easier to understand.
Standards are not considered regulations unless they are passed by a governing body. That being said, OSHA standards should be followed even if they are not officially a regulation enforced by law. These standards are guidelines to describe how employees can protect themselves from hazards in their workplace.
These standards encompass safety practices and procedures, as well as the proper use of personal protective equipment (PPE). The standards also establish limits on the amount of exposure employees have with a hazard before it becomes harmful. Such limitations are enforced to protect employees from harmful amounts of exposure to toxic substances, noise, waste, diseases, fire, fumes, etc.
The General Duty Clause
The General Duty Clause is part of the OSH Act of 1970 and states that all employers:
- “Shall 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;
- Shall comply with occupational safety and health standards promulgated under this Act.”
Employers must comply with the General Duty Clause if there is no standard or regulation in place for a particular hazard in their workplace. For example, cold weather conditions can be a serious danger to construction workers, but OSHA has no standards dictating how to manage this hazard. However, under the General Duty Clause, employers must act somehow to protect their workers from the adverse effects of cold weather.
Particular actions employers should take to protect their employees and adhere to OSHA regulations include implementing the following:
- A Safety Management System (SMS)
- An Emergency Action Plan (EAP)
- An Exposure Control Plan (ECP)
- Safety Incentive Programs
- Leadership roles for co-employers and contractors
- Education and training of employees
- Regular evaluation and improvement of all these
These options work effectively for employers to fulfill the General Duty Clause when OSHA does not have a standard in place. An employer can begin with Safety Provision’s large variety of training that covers topics OSHA may not have.
The Importance of Signs and Tags
An important part of OSHA’s safety standards for the workplace is accident prevention signs and tags. OSHA outlines the specifications for what the signs should look like, where they should be displayed, what they should contain, and how they should be used. Signs are classified by three different types:
- Danger Signs – These signs are red and meant to communicate any immediate dangers or radiation hazards within the workplace. Employees need to understand that when they see a danger sign, it means special precautions are absolutely necessary for the area it is located in.
Some examples of danger signs include high voltage signs, hazardous materials signs, and radiation risk signs.
- Caution Signs – These signs are yellow and communicate potential hazards within the workplace. They also indicate the necessity to follow all safety procedures and take proper precautions before proceeding.
Some examples of caution signs include slow-moving vehicle signs, biological hazard signs, and lead hazard signs.
- Safety Instruction Signs – The background is white and the panel is green on these signs. Unlike the other two signs, the primary purpose of safety instruction signs isn’t to warn of hazards, but to urge employees to follow safety practices. The general instructions and suggestions for following safety measures are detailed on these signs. It is common for these signs to be placed near a danger or caution sign in some workplaces.
Some examples of safety instruction signs include signs that inform employees to “wear safety equipment,” “read operating and safety manuals,” and “use proper lifting techniques.”
Accident prevention tags (such as lockout/tagout tags) are used to identify hazardous conditions or notify employees of malfunctioning equipment or operations. Tags are meant to be temporary. They must be applied only as long as an identified hazard is present up until the time it is eliminated or the associated operation is completed. They are not meant to replace signs where signs are needed. Tags should be applied to all machinery or personal protective equipment (PPE) found in a condition that is not passable for safe use.
Some examples of accident prevention tag messages include “Do Not Start,” “High Voltage,” “Out of Service,” and “Biohazard.”
OSHA Required Chemical Labeling
Chemical labeling and classification are covered in an OSHA standard. This standard specifically monitors the handling of dangerous chemicals and protects workers from misuse and injury. OSHA requires chemical labeling that ensures the classification of hazardous chemicals that are either imported or produced in the workplace.
Information required to be on chemical labels is outlined by the Hazard Communication Standard (HCS). This information must be communicated to all employers and employees through comprehensive hazard communication programs. Container labeling and other warning signs and information is an integral part of employee learning and training for dealing with chemical hazards. Specific label requirements from this standard include:
- Name, address, and telephone number of the manufacturer
- Product identifier
- Signal word
- Hazard statements
- Precautionary statements
- Pictograms
All manufacturers or importers of chemicals need to classify the hazards associated with them and provide this information by using labels, warning forms, safety data sheets, etc. Part of this standard also dictates that employers ensure labels are not removed or defaced in any way. They also are expected to uphold these requisites for chemicals if those making chemical hazards work under them.
Most Common Workplace Safety Concerns
There are many workplace safety concerns and all of them are important to OSHA. Standards and regulations are in place for all known safety concerns in the workplace. But even the most well-known hazards can be the most common causes of accidents and need to be revisited time and time again.
The following examples are known by OSHA as the fatal four. They are some of the most common workplace safety concerns, and they demonstrate the need for OSHA standards in regulating certain activities and hazards. Most of these occur in the construction industry; however, other industries are not exempt from the high risk of these same common safety concerns:
- Working at Heights – The first of the top ten OSHA violations in 2021 was lack of fall protection. Annually, anywhere between 14-18% of all workplace deaths are related to working at heights. Because of this, OSHA has strict regulations on training and using proper fall protection. Such practices outlined in fall protection safety training include how to apply fall protection harnesses to the correct anchorages and how to use fall arrest and protection systems.
- Electrocution – This hazard is a considerable safety concern for almost any workplace. Operating heavy machinery, especially in a residential area with power lines, has a death rate of around 8-10% annually. For this reason, part of all required OSHA training has to do with occupations that have a high risk of electrocution.
- Struck By – This refers to any accident in the workplace where an employee is hit by an object in motion. “Struck by” incidents are responsible for around 90 deaths each year. This can include getting hit by a swinging headache ball from a crane, a car on the road, a falling stack of concrete, etc. OSHA standards concerning safety from “struck by” accidents include such precautions as wearing hard hats, access to medical services and first aid, and procedures for being clear of loads and vehicles.
- Caught In or Between – These hazards involve injury and death associated with employees being caught in or between heavy machinery or objects. To avoid these hazards, OSHA has standards that require lockout/tagout procedures for heavy machinery, guarding of power tools, and electrical work practices.
Most Common Workplace Health Concerns
Although less common than safety concerns, health concerns present a long-term, negative effect on employees that OSHA has standards to prevent. These concerns are mostly regulated through safety practices and procedures that make employees aware of potential illness and injury with their work.
- Bloodborne pathogens – Microorganisms are responsible for the spread of disease, and the workplace is an environment that is ripe for infection. OSHA requires an Exposure Control Plan (ECP) to keep employees safe through practices such as hand washing and proper use of PPE.
- Ergonomics – Failure to understand the physical limitations and abilities one has can lead to physical injury. OSHA doesn’t have specific standards for handling ergonomic hazards. However, it does provide guidelines for employers to follow depending on the circumstances of their workplace. These guidelines cover lifting and pushing, pushing and pulling, and handling low loads at high frequency.
- Heat and Cold Stress – This refers to the exposure employees face to hot and cold conditions in their workplace. This may not seem like a serious health hazard, but as many as 2,500 people have contracted heat or cold stress-related injury or illness each year. Like ergonomics, OSHA does not have any specific standards for dealing with heat and cold stress, but the General Duty Clause does require employers to do something about these conditions to protect their employees. Such simple precautions that have been recommended include dressing appropriately and taking breaks when needed. For additional information, OSHA recommends the standards established by NIOSH for dealing with heat stress conditions and provides its own guidelines for cold stress.
OSHA Safety Training and Certification
While OSHA does not offer any training directly, there are other means of attaining safety and health training through third-party groups. These groups have trainers and courses that comply with the regulations of OSHA. The courses are designed to certify employees in safety training to prevent injury and illness in their roles within the workplace.
OSHA only requires training for certain responsibilities within each industry but does not directly require training certification of all employees. That being said, they do require the employer to educate their employees so they are prepared to stay safe in the workplace.
Training is not considered a one and done deal. It is something that must be renewed and revisited regularly or as often as circumstances change. Even employees with decades of experience will benefit from new safety training and new methods of security within the workplace.