Back in 1970, when the concept of a nationwide program that would guarantee workers complete protection from workplace illnesses, accidents and injuries was still just that— a concept— the dismal statistics told a grim tale of the reality of the American workplace. The average annual number of workplace accident-related deaths was 14,000, and in that same year, 300,000 workers would be incapacitated through illness, while 2.5 million would have disabilities as the result of a workplace accident.

These statistics led to the need for a government program that would offer workers protection from workplace hazards that could cause illness or injury, and would promote safe working practices.  When the Occupational Safety and Health Act of 1970 was passed, it marked the first time that a federal program to protect the right of workers to be safe in the workplace was initiated.  As far as worker-related legislation went, the Occupational Safety & Health Act has been one of the most significant pieces of legislation ever passed.

The regulations covered under OSHA are applicable to workers and employers in all 50 states of the country. The District of Columbia, Puerto Rico and all other territories that come under the jurisdiction of the federal government are also covered under the Act.  The only persons not covered under OSHA are farm workers who work on family-run farms, self employed persons, employees in industries that are regulated by other federal government statutes like the nuclear weapons industry, as well as persons who are employed by state and local governments, unless these are located in states that have OSHA approved safety programs of their own.

Basic Provisions of the Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Administration has been entrusted with two basic functions—the establishment of standards for safety and health in the workplace, and the conduction of regular inspections to ensure that these standards are being maintained.  Under OSHA, it’s the duty of an employer to keep the workplace free from hazardous working conditions, and to be aware of the regulations that are in place to prevent workplace hazards.  Employers must comply with OSHA regulations, and this can include worker training programs, proper safety mechanisms, provision of well maintained tools and equipment, and provision of protective equipment and safety gear to prevent workplace injuries and accidents. 

These regulations also extend to the behavior of employers after an accident on the work premises.  Any accidents that result in fatalities or hospitalization of three or more employees, for instance, must be reported to OSHA within 8 hours of the accident taking place.  Records must be maintained of all accidents and illnesses that occur in the workplace, and employees must be given access to their exposure records.   Employees must be made aware of their rights under OSHA through the prominent display of the OSHA poster ("It's The Law") on the premises, and must not be subjected to discrimination when they exercise their OSHA rights.

In the close to 4 decades since its inception, OSHA has faced criticism for its inspection standards, and has received praise for the lowered number of accidents under its purview.