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The United States Occupational Safety and Health Administration (OSHA) is an agency of the United States Department of Labor. The United States of America —commonly referred to as the The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety wage and hour standards It was created by Congress under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses The Occupational Safety and Health Act is the primary federal law which governs Occupational health and safety in the private sector and federal government in the Events 1170 - Thomas Becket: Thomas Becket Archbishop of Canterbury is assassinated inside Canterbury Cathedral by followers of King Henry II Year 1970 ( MCMLXX) was a Common year starting on Thursday (link shows full calendar of the Gregorian calendar. Its mission is to prevent work-related injuries, illnesses, and deaths by issuing and enforcing rules (called standards) for workplace safety and health. As of March 2006, the agency is headed by Assistant Secretary of Labor Edwin Foulke.

OSHA authority

OSHA's statutory authority extends to most nongovernmental workplaces where there are employees. The federal Administrative Procedure Act (APA of 1946 governs the way in which administrative agencies of the United States federal government may propose State and local government workers are excluded from Federal coverage, however, states operating their own workplace safety and health programs under plans approved by the U. S. Department of Labor are required to extend their coverage to public sector (state and local government) employees. Section 2 (11) of the William-Steiger Occupational Safety & Health Act of 1970 ("OSH Act") encourages states to do this.

The OSH Act, which created OSHA also created the National Institute for Occupational Safety and Health (NIOSH) as a research agency focusing on occupational health and safety. The National Institute for Occupational Safety and Health (or NIOSH) is the United States federal agency responsible for conducting research and making recommendations NIOSH, however, is not a part of the U. S. Department of Labor.

OSHA federal regulations cover most private sector workplaces. The OSH Act permits states to develop approved plans as long as they cover public sector employees as well as private sector employees and they provide protection equivalent to that provided under Federal OSHA regulations. In return, a portion of the cost of the approved State program is paid by the Federal Government. Twenty-two states and territories operate plans covering both the public and private sectors and four — Connecticut, New Jersey, New York and the US Virgin Islands — operate public employee only plans. Connecticut ( is a state located in the New England region of the northeastern United States of America. New Jersey ( is a state in the Mid-Atlantic and Northeastern regions of the United States. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous The United States Virgin Islands is a group of Islands in the Caribbean that are an Insular area of the United States. In those four states, private sector employment remains under Federal OSHA jurisdiction.

In 2000 the United States Postal Act made the U. S. Post Service the only quasi-governmental entity to fall under the purview of OSHA jurisdiction. This change permits OSHA to fine the US Postal Service as if it were a regular non-governmental organization.

History

OSHA was widely criticized in its early years for confusing, burdensome regulations. A good deal of the early conflict came about because of arbitrary and inconsistent enforcement during OSHA's early years. In addition, businesses were expected to retrofit guards and other safety devices on existing equipment and to implement other hazard controls, often at considerable expense, to bring them in line with then-current best safety practices. Other requirements, such as mandated training, communication, and extensive documentation were seen as even more difficult and expensive.

With time, manufacturers of industrial equipment have included OSHA-compliant safety features on new machinery. Enforcement has become more consistent across jurisdictions, and some of the more outdated or irrelevant rules have been repealed or are not enforced.

During the Jimmy Carter administration, under the leadership of University of Cincinnati toxicologist Eula Bingham, OSHA began to concentrate more on health hazards, such as toxic chemicals. James Earl "Jimmy" Carter Jr (born October 1 1924 was the thirty-ninth President of the United States, serving from 1977 to 1981 and the recipient of the 2002 The University of Cincinnati is a Coeducational public Research university in Cincinnati, Ohio. Eula Bingham is an American scientist who is best known as an Assistant Secretary of Labor for Occupational Safety and Health during the Carter Administration Bingham also launched the "New Directions" program, OSHA's first worker training grant program.

With the Ronald Reagan and George H.W. Bush administrations came efforts to weaken OSHA enforcement and rulemaking, although several important rules were issued including hazard communication (right to know about chemical exposures) and blood-borne pathogens (to protect workers against illnesses such as hepatitis and AIDS). George Herbert Walker Bush (born June 12 1924 served as the forty-first President of the United States from 1989 to 1993 Hepatitis (plural hepatitides) implies injury to the Liver characterized by the presence of Inflammatory cells in the tissue of The Reagan administration also launched OSHA's Voluntary Protection Program (VPP), OSHA's first foray into voluntary programs and partnerships with industry. In the VPP, management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system. Approval into VPP is OSHA’s official recognition of the outstanding efforts of employers and employees who have achieved exemplary occupational safety and health.

The Bill Clinton administration began a reorganization of OSHA's approach, focusing more on "stakeholder" satisfaction through compliance assistance. William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States When the Republicans took over Congress in 1994, one of their goals was reducing some of the agency's ability to issue standards. Some Republican sponsored bills were stopped by the Democratic minority and moderate Republicans, but other legislation passed, such as the Small Business Regulatory Enforcement Fairness Act of 1996 and the Congressional Review Act.

In 2000, OSHA issued the ergonomics standard after ten years of study and struggles with a Republican-controlled Congress and business associations such as the Chamber of Commerce and National Association of Manufacturers that were unconvinced that additional government regulation was the right way to address the issue of ergonomic injuries to American workers. Ergonomic injuries (also known as musculoskeletal injuries) such as back injuries and carpal tunnel syndrome, account for 1/3 of all serious injuries suffered by American workers. In March 2001, the Republican controlled Congress voted to repeal the standard and the repeal was one of the first major pieces of legislation signed by President George W. Bush. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. Since the repeal of the ergonomics standard, OSHA has issued three ergonomics guidelines, and only a small handful of ergonomic citations under the Act's "general duty" clause.

The Bush administration has largely replaced the process of issuing mandatory regulations with voluntary guidelines and put additional resources into other, previously existing voluntary programs, as well as new "Alliance" program. In 2004, the General Accounting Office issued a report recommending that the Agency collect more data from participants in order to better ascertain the benefits of the program. A GAO report released in 1992 concluded that employers participating in the program benefited from significant cost reductions in workers' compensation premiums while improving labor productivity.

It is sometimes believed that the Agency promotes "voluntary compliance" when, in fact, all employers are required by law to comply with all final published rules promulgated under the Occupational Safety and Health Act of 1970.

Controversy

Much of the debate about OSHA regulations and enforcement policies revolves around the cost of regulations and enforcement, versus the actual benefit in reduced worker injury, illness and death. A 1995 study of several OSHA standards by the Office of Technology Assessment (OTA)[1] found that regulated industries as well as OSHA typically overestimate the expected cost of proposed OSHA standards.

OSHA has come under considerable criticism for the ineffectiveness of its penalties, particularly criminal penalties. OSHA is only able to pursue a criminal penalty when a willful violation of an OSHA standard results in the death of a worker. The maximum penalty is a misdemeanor with a maximum of 6-months in jail. In response to the criticism, OSHA, in conjunction with the Department of Justice, has pursued several high-profile criminal prosecutions for violations under the Act, and has announced a joint enforcement initiative between OSHA and the United States Environmental Protection Agency (EPA) which has the ability to issue much higher fines than OSHA. Meanwhile, Congressional Democrats, labor unions and community safety and health advocates are attempting to revise the OSH Act to make it a felony with much higher penalties to commit a willful violation that results in the death of a worker. The Democratic Party is one of two major Political parties in the United States, the other being the Republican Party. A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming The Occupational Safety and Health Act is the primary federal law which governs Occupational health and safety in the private sector and federal government in the Some local prosecutors are charging company executives with manslaughter and other felonies when criminal negligence leads to the death of a worker. Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required

During its more than 30 years of existence, OSHA has secured only 12 criminal convictions. ^[1] This has been attributed to lack of resources.

OSHA has been accused of being more devoted to the numbers of inspections than to actual safety. Industry associations and unions have resorted to court action to force OSHA to promulgate new standards such as the Hexavalant Chromium standard. OSHA has also been criticized for taking decades to develop new regulations. Speaking about OSHA on the specific issue of combustible dust explosions:^[2]

"[Carolyn] Merritt was appointed to the Chemical Safety Board by President Bush. Asked what her experience has been with regard to safety regulations in the Bush administration, Merritt says, 'The basic disappointment has been this attitude of no new regulation. They don't want industry to be pestered. In some instances, industry has to be pestered in order to comply. ' "

Regulatory impact

Here are some of the changes in industrial safety regulation brought about by OSHA:

1. Guards on all moving parts - By 1970, there were guards to prevent inadvertent contact with most moving parts that were accessible in the normal course of operation. With OSHA, use of guards was expanded to cover essentially all parts where contact is possible.
2. Permissible exposure limits (PEL) - Maximum concentrations of chemicals stipulated by law for chemicals and dusts. The Permissible Exposure Limit ( PEL or OSHA PEL) is a legal limit in the United States for exposure of an employee to a Substance They cover only around 600 chemicals and most are based on standards issued by other organizations in 1968 or before.
3. Personal protective equipment (PPE) - broader use of respirators, gloves, coveralls, and other protective equipment when handling hazardous chemicals; goggles, face shields, ear protection in typical industrial environments
4. Lockout/tagout - In the 1980s, requirements for locking out energy sources (securing them in an "off" condition) when performing repairs or maintenance
5. Confined space - In the 1990s, specific requirements for air sampling and use of a "buddy system" when working inside tanks, manholes, pits, bins, and similar enclosed areas
6. Hazard Communication (HazCom ^[3]) - Also known as the "Right to Know" standard, was issued as 29CFR1910. Personal protective equipment (PPE refers to protective Clothing, Helmets, Goggles, or other garment designed to protect the wearer's body or Lockout-Tagout (LOTO or lock and tag is a safety procedure which is used in industry and research settings to ensure that dangerous machines are properly shut off and not started Confined space is a term from labor - Safety Regulations that refers to an area whose enclosed conditions and limited access make it dangerous 1200 on November 25, 1983 (48 FR 53280), requires developing and communicating information on the hazards of chemical products used in the workplace.
7. Process Safety Management (PSM ^[4]) - Issued in 1992 as 29CFR1910. Process Safety Management is a regulation promulgated by the U 119 in an attempt to reduce large scale industrial accidents. Although enforcement of the standard has been spotty, its principles have long been widely accepted by the petrochemical industry.
8. Bloodborne Pathogens (BBP ^[5])- In 1990, OSHA issued a standard designed to prevent health care (and other) workers from being exposed to bloodborne pathogens such as hepatitis B and HIV. Human immunodeficiency virus ( HIV) is a Lentivirus (a member of the Retrovirus family that can lead to acquired immunodeficiency syndrome
9. Excavations and Trenches - OSHA regulations^[6] specify that trenches and excavations wherein workers are working 5 feet or more down must be provided with safeguards in addition to proper sloping and storage of excavated material in order to prevent collapses/cave-ins. ^[7]

See also

• National Institute for Occupational Safety and Health (NIOSH)
• American Society of Safety Engineers
• Construction site safety
• Ergonomics
• MIOSHA
• Occupational safety and health
• Oregon OSHA
• Regulatory Flexibility Act
• U.S. Chemical Safety and Hazard Investigation Board

References

1. ^ Justice Dept Drops Most Criminal OSHA Referrals
2. ^ Pelley, Scott. The National Institute for Occupational Safety and Health (or NIOSH) is the United States federal agency responsible for conducting research and making recommendations The American Society of Safety Engineers (ASSE founded October 14, 1911, is the oldest and largest professional safety organization Construction is the most dangerous land based work sector in Europe (the Fishing industry being more dangerous Ergonomics is the Scientific discipline concerned with Designing according to the human needs and the profession that applies theory principles data and methods MIOSHA is an abbreviation for the Michigan Occupational Safety and Health Administration. Occupational safety and health is a cross-disciplinary area concerned with protecting the Safety, Health and welfare of people engaged in Oregon Occupational Safety and Health Administration (Oregon OSHA is a government agency of the U The Regulatory Flexibility Act is perhaps the most comprehensive effort by the U The US Chemical Safety and Hazard Investigation Board, also know as the Chemical Safety Board or CSB is a U "Is Enough Done To Stop Explosive Dust?", 60 Minutes, CBSnews. com, 2008-06-08. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 68 - The Roman Senate accepts emperor Galba. 536 - St Silverius becomes Pope (probable Retrieved on 2008-06-09. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 53 - Roman Emperor Nero marries Claudia Octavia 62 - Claudia Octavia commits  
3. ^ OSHA Hazard Communication Standard 29 CFR 1910. 1200
4. ^ OSHA Process Safety Management topic page
5. ^ OSHA Bloodborne Pathogens and Needlestick Prevention topic page
6. ^ OSHA Directive CPL 2.87 - Inspection Procedures for Enforcing the Excavation Standard, 29 CFR 1926]
7. ^ OSHA Trench Safety Tips card

External links

• OSHA website and public contact website.
• Full text of the OSH Act
• National Institute for Occupational Safety and Health
• OSHA Office of Education and Training
• Current 29 CFR Books in Digital Format