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Understanding OSHA Laws





Prior to 1970, employees had no federal agency specifically tasked with ensuring their safety. Congress passed the Occupational Safety and Health Act in that year. The new agency created to oversee the act also took its name from the legislation. OSHA, as it became known, was placed under the Department of Labor. OSHA monitors job safety nationwide and issues regulations that have the same weight as laws. Companies or individuals found out of compliance with OSHA regulations may be fined or punished by jail time. Here are a few questions and answers to help you understand OSHA laws.

The primary way OSHA sets regulations is through its standards. These are multi-page documents that set out all the parameters that a company must follow on a specific issue. A standard may tell companies how it must set up signs, signals, and barricades around a site with workers. Another standard might require that all ladders be capable of a certain load for different tasks. Shipping and storage of dangerous chemicals and other goods have extensive standards. OSHA also writes standards for health issues concerning worker behavior.

OSHA doesn't create standards quickly. There is a long and involved process that first begins with a perceived problem. OSHA may institute the investigation by itself, or the investigation may be initiated by companies that see the problems up close and deal with them on a daily basis. An individual person or a watchdog organization, such as a union or professional industry association, can also request that a standard study be done.

Requests for health standards mainly come from the National Institute for Occupational Safety and Health (NIOSH). It is not a rule-making agency but an investigative arm of the Centers for Disease Control and Prevention (CDC). NIOSH closely monitors health problems around the country and looks for trends that signify a common cause from work-related incidents. An area that NIOSH is currently watching carefully is the development of nanotechnology and the effect it may have on worker and consumer health. When NIOSH has a concern that also falls under OSHA's area of responsibility, it may ask OSHA for a standard.

OSHA relies upon industry experts to help determine the need for standards and their development. The two standing committees available for advice and help are the National Advisory Committee on Occupational Safety and Health (NACOSH) and the Advisory Committee on Construction Safety and Health. They are involved in many of the investigations. On some investigations, OSHA may pull together a special committee staffed by experts, such as statesmen, labor experts, and officials from the Health and Human Services agency.




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