Occupational Safety and Health Act (1970)
10 July 2006Occupational Safety and Health Act (1970), 29 U.S.C. §§651-678
Coverage and Prohibition: Since the Act applies to employers in any business affecting commerce, it covers most private employers. Employers that are excluded, generally, are subject to safety and health requirements established by other agencies. Employers are required to maintain a workplace that is free from recognized hazards likely to cause death or serious injury and to comply with the workplace safety and health standards promulgated by the Occupational Safety and Health Administration (“OSHA”). Employers are prohibited from discharging or in any other way discriminating against employees who exercise their rights under the Act. This precludes an employer from discharging an employee who, acting under a reasonable apprehension, refuses in good faith to expose himself to a hazardous workplace condition.
Enforcement: The Act is enforced by OSHA compliance officers, who may inspect an employer’s premises to identify violations. Employees who have been subjected to discrimination may file a complaint with the Secretary of Labor within 30 days of the alleged violation. The Secretary may bring a suit to redress employer discrimination. It has been held that there is no private right of action for employees who are injured as a result of conditions which violate OSHA standards, leaving those employees to the remedies permitted under state workers’ compensation laws.
Remedies: Even if identified violations of safety standards are immediately rectified, the employer may be subject to civil penalties of up to $7,000 for individual violations and up to $70,000 for repeated and willful violations. For employer discrimination violations, reinstatement and back pay remedies are available.
Related Regulations:
Department of Labor (“DOL”): Inspection, Citations and Proposed Penalties, 29 C.F.R. Part 1900.
DOL: Recording and Reporting Occupational Injuries and Illnesses, 29 C.F.R. Part 1904.
DOL: Occupational Safety and Health Standards, 29 C.F.R. Part 1910.
DOL: Safety and Health Regulations for Construction, 29 C.F.R. Part 1926.
DOL: Occupational Safety and Health Standards for Agriculture, 29 C.F.R. Part 1928.
DOL: Discrimination Against Employees Exercising Rights Under the Occupational Safety and Health Act of 1970, 29 C.F.R. Part 1977.
DOL: Identification, Classification, and Regulation of Potential Occupational Carcinogens, 29 C.F.R. Part 1990.
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