Question

Explain the rationale for the OSHA Act?
Summarize OSHA's mission and purpose?
Summarize what is covered in the OSH Act?
Explain how OSHA enforces compliance?
Explain OSHA's enhanced enforcement policy?
Describe the cost of OSHA fines: direct and indirect?
Summarize the various services available from OSHA?
Summarize employer rights and responsibilities under the OSHA act?
Summarize employee right and responsibilities under the OSHA act?
Explain the laws and liabilities relating to workplace safety and health?

Answer 1

Ans. 1. OSHA or Occupational Safety and Health Administration consists of a set of rules and regulations for health and safety to be taken into account in different organizations. The OSHA Act was promulgated into law on 29th December, 1970. The rationale for the OSHA Act is assurance of safety and healthy working conditions and preservation of humans which are also valuable resources. Many workers were dying while working due to lack of safety and also due to lack of awareness. As the number went on increasing, OSHA came into being which was later promulgated as OSHA Act and subsequently as OSHA law.

Ans. 2. OSHA mission and purpose are given below:

• Awareness among employers and employees for reduction of hazards in work place.
• Establishment of righteousness and equality of employers and employees for improvement in health and safety conditions in working places..
• Formulation of protocols and their subsequent execution and mandatory enforcement for safety and health program.
• Giving training to the employee as per the latest guidelines to keep them acquainted with the progressing advancements.
• Progressive and advanced forms of existing safety and health programs.
• Persuasion of further development and research to encourage constant development in health and safety.
• Periodic and regular supervision of the protocols to keep an eye on their effectiveness.
• Keeping an inventory of health issues and injuries and illnesses in the working place.

Ans. 3. OSHA Act covers majority of the employees and employers throughout the US covering state and local and federal government and private sectors. It also includes the United States Postal Service. The promulgation of the laws is either through directly OSHA Act or indirectly by OSHA approved schemes and programs. However, the Act does not cover any self employed person, work places where the regulatory frameworks followed are not as per OSHA like Mine Safety and Health Administration and even the immediate family members of the farm employers or owners.

Ans. 4. To enforce regulatory compliance, OSHA follows the following steps:

• Inspection procedures are carried out without prior information to the organization.
• Inspections are carried out considering probable adverse effect of the practice, fatality records of the work place, complaints and references and also the specific hazardous events which follow up scrutiny takes place.
• If the workplace has hazardous history or any complaint from workers, OSHA has the right to lodge complaints.
• OSHA has private conversations with the workers to acknowledge any malpractice or discrepancy if at all takes place within the organization.
• After the follow up inspection, the authorities will conduct a meeting with the work place employers and employees about the problems and issues or complaints they found pertaining to safety and health along with the probable abatement measures.
• Wherever there has been a violation of OSHA rules and regulation, a penalty notice will be sent to the work place head specifying the date by which preventive measures have to be adopted.

Ans. 5. OSHA's enhanced enforcement policy has been put forward for those employers who fail to follow or violate the OSHA rules and regulations.

• It takes into account inspections of particular significant organizations, where the violation of regulations is having health and environmental impact upon getting permit form the Regional Administrator. There will be audits to verify whether the mitigation measures have been adopted or not or if the measures are sufficient to curb unsafe conditions or risk.
• Then there is huge involvement of public for discussing the issues pertaining to the impacts of the concerned organizations including press releases on the implemented actions.
• In cases where violation of regulation has been found, the organization is compelled to take a consultant to formulate proper planning to reduce hazard.