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Occupational Safety and Health Act

Who is responsible for administering this act?

When Congress passed the Occupational Safety and Health Act, they also created within the Department of Labor a new agency called the Occupational Safety and Health Administration (OSHA). OSHA is responsible for ensuring worker safety and issuing safety guidelines.

SIDEBAR: Twenty-three states have their own OSHA programs. These programs offer protections similar to the federal plan. The states can conduct inspections, set standards and respond to employee complaints.

Does OSHA protect me?

If you work for a company, whether it is publicly or privately held, the answer is yes. You have OSHA coverage either under the federal or state run programs, or both. Public-sector workers are not covered in states under federal OSHA jurisdiction but may have state protection if their state runs an OSHA program.

What rights, if any, does OSHA grant me as an employee?

Some of the rights granted to you include the right to:

• review standards and regulations;
• request information from your company on safety and hazards that may exist in the workplace;
• request an OSHA inspection if you believe there is a violation;
• ask for written information as to whether any substance in the workplace has potentially toxic effects; and
• file a complaint if you are disciplined or are discriminated against for "whistle-blowing."

Can I refuse to do a job if I think it is too dangerous or it is harmful to my health?

This is a sticky area. Ordinarily, you do not have the right to refuse to do work. In most cases you are expected to perform your assigned tasks and then file a complaint later. However, OSHA regulations state that if you have a good faith belief that doing the job will put you in imminent danger, you can refuse to do the job.

TIP: Prior to refusing to do a job, make sure that all of these conditions are met:

1. You have asked the employer to eliminate the risk and the company failed to do so.
2. You truly believe that a danger exists.
3. A reasonable person would agree that the danger is real or there is a strong likelihood of serious injury.
4. There is not enough time to get the problem corrected through regular channels.

I am worried about safety conditions at work. How do I know whether to ask my employer to correct the situation or call OSHA?

In most situations you will want to give your employer the opportunity to correct the unsafe or unhealthy situation. The company then may wish to decide to call OSHA or another consultant to get advice on correcting the problem. OSHA may be contacted at any time, but should be called as a first resort only if your company has a history of ignoring safety concerns or if it is a serious safety or health hazard.

Can my employer fire me because I filed an OSHA complaint?

No. You cannot be fired, transferred, denied a raise or promotion, or have any other term or condition of employment changed as a result of raising an issue to OSHA.

TIP: Complaints about reprisals have a short filing period. You must notify OSHA within 30 days of the alleged action.

Does my employer have to provide safety training specific to my job?

Generally speaking, the answer is no. While there are a number of OSHA standards that specifically require training, most make it the employer's responsibility to train employees in the safety and health aspects of their jobs.

OSHA has developed voluntary training guidelines to help companies provide the needed health and safety information. The guidelines help employers to determine if a work-site problem can be resolved by training, help determine what training if any is needed, establish goals for the training, create learning activities, assist in conducting the training and give feedback on the effectiveness of the training. Employers interested in learning more should contact their local OSHA office.

Does my employer have to provide me with protective equipment, or do I have to buy it myself?

At present, it is not clear who has to pay. OSHA has proposed legislation that will require employers to pay for Personal Protective Equipment (PPE) at no cost to employees. But there are a few exceptions: the employer would not need to pay for safety-toe protective footwear or prescription safety eyewear if all three of the following conditions are met: (1) the employer permits such footwear or eyewear to be worn off the job site; (2) the footwear or eyewear is not used in a manner that renders it unsafe for use off the job site (e.g., contaminated safety-toe footwear would not be permitted to be worn off a job site); and (3) such footwear or eyewear is not designed for special use on the job.

What is an OSHA "standard"?

A "standard" is a rule that OSHA puts into effect to protect workers. It could be the amount of time an employee can spend in a noisy area, the amount of hazardous chemicals a worker may be exposed to or a specification regarding safety equipment. If your company does not comply with an established standard, it could receive a fine from OSHA.

As an employer, I do my best to comply with OSHA standards, but I am confused. What are the differences between OSHA "guidelines" and OSHA "standards"?

Simply, a standard is a requirement. Standards specify the minimum conditions that the employer must provide to ensure its employees' safety. Guidelines are voluntary. They are there to give employees suggestions for resolving a health or safety concern, but allow the employer to come up with its own method of resolving a potential problem situation.

If OSHA enacts a new standard that I cannot meet, do I have any recourse?

Employers who cannot comply with new standards or disagree with the standard have three options. They have the following three options:

1. Petition the court for review.
2. Request a permanent, temporary, or experimental variance from the standard.
3. Apply for an interim order to continue working under existing conditions while OSHA reviews a variance request.

What is an OSHA "variance"?

A variance is permission given by OSHA that allows an employer to deviate from a standard or a time frame in which to comply. OSHA has three types of variances:

• Temporary. Granted if there is not enough time to comply, or if the technical personnel, material or equipment are not available.
• Permanent. Granted if the employer can show that its methods of providing safety are as safe and healthful had it complied with the standard.
• Experimenta . Granted if the employer is involved in a study to show or prove a new safety or health technique.

Is an employer required to keep records for OSHA?

If you have less than 10 employees, you are exempt from having to keep an OSHA log of injuries and illnesses, unless specifically directed to do so by the government. OSHA also exempts certain low hazard industries from having to report.

CAUTION: All employers must report to OSHA within 8 hours of the following:

• the death of any employee from a work-related accident; or
• the in-patient hospitalization of three or more employees as a result of a work-related incident.

TIP: All employers must also post the OSHA "Job Safety and Health Protection" poster.

What types of companies are subject to OSHA inspections?

Any business may be subject to an OSHA inspection. However, because there are so many businesses, OSHA normally inspects only the most hazardous. To determine where they will go first, the agency follows these priorities: (a) imminent danger-conditions or dangers that are likely to cause death or serious harm; (b) catastrophes and fatal accidents; (c) employee complaints regarding imminent danger; (d) referrals; (e) planned inspections; and (f) follow-up review businesses that have been previously inspected.

What happens during an OSHA inspection?

In general, most inspections follow the same pattern. An inspector will arrive and show his credentials. The inspector will then explain the reason for the inspection and discuss the scope of the visit. He may request that an employee accompany him when walking around the plant. During the walk around, the inspector will be looking for hazards and make corrective action suggestions. Following the walk around, the inspector will meet with the employer again and discuss any violations that may have been found. Citations may be issued. He will then inform the employer of the right to contest the citations.

SIDEBAR: OSHA does not allow the employer to select the employee representative for the walk around.

What kind of penalties can be assessed?

The amount of the penalty varies. An amount of up to $7,000 may be assessed for violations that relate to job safety and health, but would not cause serious physical harm or injury. For willful violations, penalties range from $5,000 to $70,000. Criminal convictions and higher dollar penalties are also possible for willful violations where the death of an employee has occurred.

What type of information and training material if any is available from OSHA?

OSHA has made great strides in the last few years to make as much information accessible to employers and employees. Their Web site, www.osha.gov, is replete with information, posters and publications. A list of OSHA publications may be found at:

www.osha.gov/pls/publications/pubindex.list.