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Occupational Safety and Health (OSH)

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United States - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: Workplace safety and health laws for the U.S.A are contained primarily in federal and state statutes (federal laws and regulations/standards pre-empt state ones where they overlap or contradict one another.) This database is concerned only with federal legislation.
  
  The main law protecting the health and safety of workers is the Occupational and Safety Health Act 1970, which covers commercial workplaces and, like other federal statues, is codified by subject matter in the United States Code (U.S.C.) A number of regulations relate to the duty of federal agencies towards their employees. Federal regulations/standards contain both detailed provisions and interpretations of provisions in the OSHA and other Acts. These final rules are codified when added to the Code of Federal Regulations (CFR) and those relating to occupational safety and health currently fill five volumes of the Code of Federal Regulations, which is revised annually on July 1.
  
  The Occupational Safety and Health Administration (OSHA), is the agency of the Department of Labor, which sets and enforces general workplace health and safety standards. However, other federal agencies also establish safety and health regulations relating to their own areas of concern.
  • Title 29, Code of Federal Regulations
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15).
  • Official Website of US Department of Labor - Occupational Health and Safety Administration
  • Official Website of the United States Department of Labor - links to regulations/rules
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  No data available.
- 2.2 Definition of worker
  Summary/citation: The term "employee" means an employee of an employer who is employed in a business of his employer which affects commerce.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 652(6))
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    - 2.2.1.1 Migrant workers
      Summary/citation: Nothing in the legislation excludes migrant worker from the definition of employee.
      • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 652(6))
    - 2.2.1.2 Domestic workers
      Summary/citation: Excluded from the definition of employee provided in the OSH law since domestic workers are not "employed in a business of his employer which affects commerce."
      • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 652(6))
    - 2.2.1.3 Home workers
      Summary/citation: Nothing in the OSHA or regulations excludes home workers from the definition of worker. In specific industries the employment of home workers must first be certified by the Department of Labor: for example for knitted outerwear and other forms of clothing. No certificates may be issued to authorize home work for women's clothing.
      • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 530)
    - 2.2.1.4 Self-employed persons
      Summary/citation: Nothing in the OSHA or CFR specifically excludes self-employed workers from the definition of "employee", and in 29 CFR 1977.5 it is stated: "The Act does not define the term "employ."
      Remarks / comments: The broad remedial nature of this legislation demonstrates a clear congressional intent that the existence of an employment relationship is to be based upon economic realities rather than upon common law doctrines and concepts. See, U.S. v. Silk, 331 U.S. 704 (1947); Rutherford Food Corporation v. McComb, 331 U.S. 722 (1947).
      • Title 29, Code of Federal Regulations (1977(5)(a))
- 2.3 Definition of employer
  Summary/citation: The term "employer" means a person engaged in a business affecting commerce who has employees, but does not include the United States (not including the United States Postal Service) or any State or political subdivision of a State.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 652(5))
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  - 2.4.1 Agriculture
    Summary/citation: Agriculture industry has specific federal regulations.
    • Title 29, Code of Federal Regulations (§ 1926)
  - 2.4.2 Construction
    Summary/citation: Construction industry has specific federal regulations.
    • Title 29, Code of Federal Regulations (§ 1928)
  - 2.4.3 Services
    No data available.
  - 2.4.4 Public sector
    Summary/citation: Section 19 of OSHA requires the heads of federal agencies to be responsible for establishing and maintaining an effective and comprehensive occupational safety and health program.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 652(6))
  - 2.4.5 Other
    No data available.
    Related CEACR Comments
    • Safety and Health in Mines Convention, 1995 (No. 176) Direct Request 2020
- 2.5 Definition of occupational accident
  No data available.
- 2.6 Definition of occupational disease
  No data available.
  - 2.6.1 List of occupational diseases
    Summary/citation: There are lists compiled by implementing agencies but no official list at law. Occupational illnesses are covered at various parts throughout the legislation - no specific list exists.
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    No data available.
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Summary/citation: The Secretary of Labor and the Occupational Safety and Health Review Commission.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§§ 655, 661)
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The Secretary of Labor has overall enforcement powers over OSH administration, including promulgating regulations and performing inspections and investigations. The Occupational Safety and Health Review Commission is authorized to hear appeals from decisions made by Secretary of Labor inspectors.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§§ 655, 661)
  - 3.1.2 Chairperson and composition
    Summary/citation: The Secretary of Labor is a politically appointed position. The Occupational Safety and Health Review Commission is composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who by reason of training, education, or experience are qualified to carry out the functions of the Commission under this Act. The President shall designate one of the members of the Commission to serve as Chairman.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 661(a))
- 3.2 National OSH research programme or institute
  Summary/citation: The Secretary of Health and Human Services through the National Institute for Occupational Safety and Health.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 671(a))
  - 3.2.1 Objectives, roles and/or functions
    Summary/citation: The Secretary of Health and Human Services shall conduct (directly or by grants or contracts) research, experiments, and demonstrations relating to occupational safety and health, including studies of psychological factors involved, and relating to innovative methods, techniques, and approaches for dealing with occupational safety and health problems.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 669(a)(1))
  - 3.2.2 Governance board constitution and chairmanship
    Summary/citation: The Secretary of Health and Human Services is a politcally appointed position. The National Institute for Occupational Safety and Health shall be headed by a Director who shall be appointed by the Secretary of Health and Human Services, and who shall serve for a term of six years unless previously removed by the Secretary of Health and Human Services.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 671(a))
  - 3.2.3 Source of funding
    Summary / Citation: No specific funding scheme is provided for in the legislation.
- 3.3 National OSH programme
  No data available.
  - 3.3.1 Consultation on the national OSH programme
    No data available.
4 Employers’ duties and responsibilities to protect the safety and health of workers and others
- 4.1 Duty to ensure the health and safety of employees
  Summary/citation: Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; Each employer shall comply with occupational safety and health standards promulgated under this Act.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 654(a)(1),(2))
- 4.2 Duty to protect the health and safety of people other than their own employees
  No data available.
- 4.3 Collaboration among two or more employers at the same workplace
  No data available.
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: Employees subjected to specific toxic substances are required to be part of medical surveillance programs.
  - 4.4.1 Specific hazards for which surveillance is required
    Summary / Citation: Can be found in 29 CFS.
    • Title 29, Code of Federal Regulations (§§ 1910, 1926)
- 4.5 Surveillance of the working environment and working practices
  Summary / Citation: Employers are required to perform ongoing surveillance for a variety of substances.
  • Title 29, Code of Federal Regulations (§§ 1910, 1926)
- 4.6 Duty to provide personal protective equipment
  Yes.
  • Title 29, Code of Federal Regulations (§ 1910(132))
- 4.7 Duty to ensure the usage of personal protective equipment
  Yes.
  • Title 29, Code of Federal Regulations (§ 1910(132)(a),(b))
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: Construction Industry: employers must make first aid provisions available to all employees.
    • Title 29, Code of Federal Regulations (§ 1926(23))
  - 4.8.2 Sanitary installations
    Summary / Citation: Construction Industry: toilets must be provided for employees according to specific standards. Lavatories must be provided, hand washing facilities.
    • Title 29, Code of Federal Regulations (§§ 1926(51)(c)(1)-(h))
  - 4.8.3 Drinking water
    Summary / Citation: Construction Industry: An adequate supply of potable water shall be provided in all places of employment.
    • Title 29, Code of Federal Regulations (§ 1926(51)(a)(1))
  - 4.8.4 Rest and eating areas
    No data available.
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  Sometimes.
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    No data available.
  - 5.1.2 Appointment of a person for health and safety
    Summary/citation: Federal Agencies only: The head of each agency shall designate an official with sufficient authority and responsibility to represent effectively the interest and support of the agency head in the management and administration of the agency occupational safety and health program. This Designated Agency Safety and Health Official should be of the rank of Assistant Secretary, or of equivalent rank, or equivalent degree of responsibility, and shall have sufficient headquarters staff with the necessary training and experience. The headquarters staff should report directly to, or have appropriate access to, the Designated Agency Safety and Health Official, in order to carry out the responsibilities under this part.
    • Title 29, Code of Federal Regulations (§ 1960(6)(a))
  - 5.1.3 Written risk assessment
    No data available.
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: Construction industry: prevention programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers.
    • Title 29, Code of Federal Regulations (§ 1926(20)(b)(2))
  - 5.1.5 Training and information on risks
    Summary/citation: Employers must post notices furnished by the Occupational Safety and Health Administration, the OSHA and standards, in a conspicuous place in the establishment (§ 1903(2)(a)(1)).
    
    Construction Industry: the employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury (§ 1926(21)(b)(2)).
    • Title 29, Code of Federal Regulations (§§ 1903(2)(a)(1), 1926(21)(b)(2))
  - 5.1.6 Review or assessment of the results of preventive measures
    Summary/citation: The law provides for health and safety official plans and procedures for evaluating the agency's occupational safety and health program effectiveness at all operational levels.
    Restrictions / obligations: This only applies to Federal Agencies.
    • Title 29, Code of Federal Regulations (§ 1926(6)(b)(5))
  - 5.1.7 Consultation with workers in health and safety
    No data available.
- 5.2 Obligation to implement a specific OSH management system or standard
  No data available.
6 Employers’ duty to ensure availability of expertise and competence in health and safety
- 6.1 OSH competence
  Summary/citation: Employers must avail themselves of training offered by the Sectretary of Labor.
  Restrictions / obligations: This only applies to the construction industry.
  • Title 29, Code of Federal Regulations (§ 1926(21)(b)(1))
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    No data available.
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  Summary/citation: The head of each agency shall designate an official with sufficient authority and responsibility to represent effectively the interest and support of the agency head in the management and administration of the agency occupational safety and health program.
  Restrictions / obligations: This only applies to Federal Agencies.
  • Title 29, Code of Federal Regulations (§ 1960(6)(a))
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    No data available.
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  No data available.
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: Employees who exercise supervisory functions shall, to the extent of their authority, furnish employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm. They shall also comply with the occupational safety and health standards applicable to their agency and with all rules, regulations and orders issued by the head of the agency with respect to the agency occupational safety and health program.
  Restrictions / obligations: This only applies to Federal Agencies.
  • Title 29, Code of Federal Regulations (§ 1960(9))
- 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  No data available.
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 654(b))
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: The Secretary of Labour is required to make regulations requiring employers to required to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 6 of OSHA. Employees or their representatives must be provided with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 657(c)(3))
- 7.8 Right to remove themselves from a dangerous situation
  No data available.
- 7.9 Right to be reassigned to non-hazard work
  Summary / Citation: Because OSHA forbids discharge or any other form of discrimination against an employee for the exercise of rights under the Act, an employer could not discharge or otherwise diminish the earning capacity of an employee who refuses to work in an environment considered to pose an imminent danger by the District Court, and thus such employee would require reassignment.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 660)
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    Summary / Citation: Because OSHA forbids discharge or any other form of discrimination against an employee for the exercise of rights under the Act, an employer could not discharge or otherwise diminish the earning capacity of an employee who refuses to work in an environment considered to pose an imminent danger by the District Court.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 660)
8 Consultation, collaboration and co-operation with workers and their representatives
- 8.1 National OSH committee, commission, council or similar body
  Summary / Citation: There is established a National Advisory Committee on Occupational Safety and Health.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 656(a)(1))
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: The Committee shall advise, consult with, and make recommendations to the Secretary of Labor and the Secretary of Health and Human Services on matters relating to the administration of the OSHA.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 656(a)(2))
  - 8.1.2 Constitution and chairmanship modalities
    Summary / Citation: The Committee is a continuing advisory body of 12 members. Two members will represent management, two members will represent labor, two members will represent the occupational health professions, two members will represent the occupational safety professions, and four members will represent the public. The Secretary of Health, Education, and Welfare will designate the two members representative of the occupational health professions and two of the members representative of the public. All the members will be selected upon the basis of their experience and competence in the field of occupational safety and health. All the members will be appointed by the Secretary of Labor, who will designate one of the public members as Chairman.
    • Title 29, Code of Federal Regulations (§ 1912(a)(2))
- 8.2 Employers’ duty to consult workers on risks
  No data available.
- 8.3 Workers’ right to select their representatives for health and safety matters
  No data available.
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    No data available.
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  Sometimes.
  - 8.4.1 Right to inspect the workplace
    No data available.
  - 8.4.2 Right to access OSH information
    No data available.
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
  - 8.4.5 Right to accompany inspectors
    No data available.
  - 8.4.6 Right to use facilities
    No data available.
  - 8.4.7 Right to have time off work with pay to perform duties
    No data available.
  - 8.4.8 Right to issue remedial notices
    No data available.
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    No data available.
  - 8.4.10 Right to direct that dangerous work cease
    No data available.
- 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace
  No data available.
  - 8.5.1 Right to enter the workplace
    No data available.
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
  - 8.5.3 Right to consult with workers
    No data available.
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    No data available.
- 8.6 Joint OSH Committee
  No data available.
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    No data available.
  - 8.6.2 Conditions for establishing a joint OSH committee
    No data available.
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    No data available.
  - 8.6.4 Keeping record of the work of joint OSH committees
    No data available.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
- 8.7 Mandatory training for members of joint OSH committee(s)
  No data available.
- 8.8 Protection against reprisals
  Summary / Citation: No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to OSHA or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by OSHA.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 660(c)(1))
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
9 Specific hazards or risks
- 9.1 Biological hazards
  Summary / Citation: See signage provisions for biological hazards in the workplace.
  • Title 29, Code of Federal Regulations (§ 1910(145)(e)(4))
- 9.2 Chemical hazards
  Yes.
  - 9.2.1 Handling, storage, labelling and use
    Summary / Citation: See provisions relating to toxic substances including various chemicals.
    • Title 29, Code of Federal Regulations (§ 1910 Subpart Z)
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    Yes.
    • Title 29, Code of Federal Regulations (§ 1910(1200))
  - 9.2.3 Pesticides
    Summary / Citation: See labeling provisions for pesticides.
    • Title 29, Code of Federal Regulations (§ 1910(1450))
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Yes.
    • Title 29, Code of Federal Regulations (§ 1910(1096))
  - 9.4.2 Vibration and noise
    Summary / Citation: Protection against the effects of noise exposure shall be provided when the sound levels exceed those shown.
    • Title 29, Code of Federal Regulations (§ 1910(95))
  - 9.4.3 Working at height
    Summary / Citation: There are no general provisions in the OHSA but in the CFR different regulations apply to different industries.
  - 9.4.4 Working in confined spaces
    Yes.
    • Title 29, Code of Federal Regulations (§ 1910(146))
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    Summary / Citation: No general obligation in OHSA. Regular inspections are required of workplace facilities in the construction industry.
    Restrictions / obligations: This applies only to the construction industry.
    • Title 29, Code of Federal Regulations (§ 1926(502))
  - 9.4.6 Exposure to extreme temperatures
    No data available.
  - 9.4.7 Fire risks
    Yes.
    • Title 29, Code of Federal Regulations (§ 1910(160))
  - 9.4.8 Tobacco
    No data available.
  - 9.4.9 Asbestos
    Yes.
    • Title 29, Code of Federal Regulations (§ 1910(1001))
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    No data available.
- 9.5 Psychosocial hazards
  No data available.
  - 9.5.1 Psychosocial risks
    No data available.
  - 9.5.2 Occupational violence
    No data available.
- 9.6 Other hazardous substances
  Summary / Citation: There are no general provisions in the OHSA but in the CFR different regulations apply to different industries. For example see textile industry regulations relating to cotton dust.
  • Title 29, Code of Federal Regulations (§ 1910(1043))
- 9.7 Machineries
  Sometimes.
  - 9.7.1 Risks related to machinery and tools
    Yes.
    • Title 29, Code of Federal Regulations (§ 1910(212))
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    Yes.
    • Title 29, Code of Federal Regulations (§ 1910)
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    No data available.
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
  - 9.7.5 Maintenance of machinery and equipment
    Summary / Citation: Agriculture industry has specific regulations relating to farm machinery.
    Construction industry has specific regulations relating to machinery.
    • Title 29, Code of Federal Regulations (§§ 1926, 1928)
    - 9.7.5.1 List of equipment where applicable
      Summary / Citation: Construction industry has specific regulations relating to machinery.
      Agriculture industry has specific regulations relating to farm machinery.
      • Title 29, Code of Federal Regulations (§§ 1926, 1928)
- 9.8 Provisions to protect workers in specific condition of vulnerability
  No data available.
  - 9.8.1 Protection of pregnancy at work
    No data available.
  - 9.8.2 Protection of lactating women at work
    No data available.
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    No data available.
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    No data available.
10 Recording, notification and investigation of accidents/incidents and diseases
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  Sometimes.
  - 10.1.1 Work-related accidents
    Summary / Citation: Each employer required by this Part to keep records of fatalities, injuries, and illnesses that result in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.
    Restrictions / obligations: This is not applicable to employers with under 10 employees or those in "low hazard" industries.
    • Title 29, Code of Federal Regulations (§§ 1904(1)(a)(1), 1904(4)(a), 1904(4)(a)(1), 1904(2)(a)(1))
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: Each employer required by this Part to keep records of fatalities, injuries, and illnesses that result in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.
    Restrictions / obligations: This is not applicable to employers with under 10 employees or those in "low hazard" industries.
    • Title 29, Code of Federal Regulations ((§§ 1904(1)(a)(1), 1904(4)(a), 1904(4)(a)(1), 1904(2)(a)(1)))
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: Within eight (8) hours after the death of any employee from a work-related incident or the in-patient hospitalization of three or more employees as a result of a work-related incident, employers must orally report the fatality/multiple hospitalization by telephone or in person to the Occupational Safety and Health Administration.
  • Title 29, Code of Federal Regulations (§ 1904(39)(a))
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: There is no specific provision mandating the appointment of inspectors. However several provisions throughout the OSHA require the existence of inspectors, under the authority of the Secretary of Labour, and thus their appointment is assumed.
  • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15).
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: In order to carry out the purposes of OSHA, Compliance Safety and Health Officers from the Department of Labor are authorized to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee.
    (Occupational Safety and Health Act of 1970, §§ 657(a)(1), 657(a)(2))
    (Title 29, Code of Federal Regulations,§§ 1903(3)(a))
    
    Federal Agencies: All areas and operations of each workplace, including office operations, shall be inspected at least annually. More frequent inspections shall be conducted in all workplaces where there is an increased risk of accident, injury, or illness due to the nature of the work performed. Sufficient unannounced inspections and unannounced follow-up inspections should be conducted by the agency to ensure the identification and abatement of hazardous conditions.
    (Title 29, Code of Federal Regulations, 1960(25)(c))
    • Title 29, Code of Federal Regulations (§§ 1903(3)(a), 1960(25)(c))
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§§ 657(a)(1), 657(a)(2) )
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: Compliance Safety and Health Officers shall have authority to take environmental samples and to take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any employer, owner, operator, agent or employee of an establishment.
    • Title 29, Code of Federal Regulations (§1903(3)(7)(b))
  - 11.2.3 Power to investigate
    No data available.
  - 11.2.4 Duty to provide advice on OSH
    No data available.
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: If the Secretary or his authorized representative believes that an employer has violated a requirement, he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation and shall fix a reasonable time for the abatement of the violation.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 658 (a))
  - 11.3.2 Power to impose financial penalties
    Summary / Citation: In addition to citations and orders to correct the violation, an inspector may assess a penalty against the employer.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 659(a))
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    No data available.
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: The Secretary of Labor must petition a district court to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by the OSHA.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 662(a))
  - 11.3.5 Power to initiate prosecutions
    No data available.
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    No data available.
- 11.4 Application of sanctions by courts
  Sometimes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: Penalties for individuals and corporations are the same. There are specific penalties for different forms of violations of the OSHA or regulations. Penalties may be assessed up to $70,000 in some circumstances and in some cases of willful violations a minimum penalty of $5,000 must be assessed.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 666)
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: Penalties for individuals and corporations are the same. There are specific penalties for different forms of violations of the OSHA or regulations. Penalties may be assessed up to $70,000 in some circumstances and in some cases of willful violations a minimum penalty of $5,000 must be assessed.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 666)
  - 11.4.3 Non-financial sanctions
    No data available.
  - 11.4.4 Criminal liability
    Summary / Citation: In cases where an individual kills someone while they are performing duties under the OSHA they may be imprisoned for life.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 666)
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: There are no minimum imprisonment terms identified in the legislation, and for most violations the maximum term is six months or one year.
    • Occupational Safety and Health Act of 1970, Public Law 91-596 [S. 2193] (29 USC, Chapter 15). (§ 666)

United States - 2013

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

3 Institutions and programmes relating to OSH administration and/or enforcement

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

4 Employers’ duties and responsibilities to protect the safety and health of workers and others

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

5.1 Elements of an OSH management system

5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

6 Employers’ duty to ensure availability of expertise and competence in health and safety

6.1 OSH competence

6.1.1 Requirement to access expert advice and/or support in health and safety

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

8 Consultation, collaboration and co-operation with workers and their representatives

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters