Workplace Safety Act

Workplace safety is a concern for nearly everyone, either as an employer or employee. The Occupational and Safety Health Act, enacted by the federal government in 1970, regulates safety in the workplace. All employers who engage in interstate commerce are subject to the regulations put forth by the Occupational Safety and Health Administration. States might also regulate workplace safety, but the federal regulations preempt state statutes in areas of overlap.

History

• Before the Occupational and Safety Health Act was enacted, workplaces could be dangerous. Public efforts to increase safety date back to the beginnings of industrialization. But commissions created to regulate safety had little power and were often unable to make any difference in working conditions. The first successful effort was in the 1880s when a group of railroad workers campaigned for better brakes and couplers for rail cars. In the early 1900s, the government began regulating the railroad industry and mining soon followed. Once workers' compensation programs were created, employers realized the importance of safety.

Significance

• The workplace safety act is important for several reasons. Since 1970, the fatality rate for workplace accidents has decreased by 76 percent. Injury rates have also fallen, from 11 injuries or illnesses per 100 workers in 1973, to 6.1 per 100 workers in 2000. Fatality and injury rates have fallen the most in industries where OSHA has been more active. Workers are also exposed to fewer serious hazards due to OSHA regulations.

Function

• The Occupational and Safety Health Act was put in place to provide safe and healthy working conditions by enforcing standards and providing training in the field of workplace safety. OSHA requires employers to provide a workplace that is safe and free from recognized hazards that are likely to cause death or serious injury. OSHA allows an inspector to evaluate any business in operation for violations of safety standards. If a violation is found, the inspector is authorized to issue a citation to the employer.

Features

• The Occupational and Safety Health Act covers workplaces in the United States, including the District of Columbia, and all other United States-controlled countries, such as Puerto Rico and the Virgin Islands. It allows for the provision of enforcement of the act where there are no district courts with jurisdiction. Advisory committees were created to assist in enforcing the act and a schedule for penalties was also set out. The act also provides for the collection of statistical data.

State Rights

• While OSHA regulates workplace safety across the nation and preempts any state statute that contradicts it, the act does allow states to regulate industry within their boundaries. If a state is interested in enforcing its own rules that OSHA currently regulates, they may submit a plan for the development of the rule. The plan may be accepted if it designates an agency to be responsible for the plan, is at least as effective as the current rule, allows federal inspectors access to businesses and requires the same reporting as OSHA, among other things.