OSHA STUDY NOTES
OSHA Why?
1. Failure of Worker's Compensation to make the work environment
safe.
2. A work environment that was becoming increasingly dangerous -
occupational diseases, asbestos, bysinosis, black lung,
carcinogens.
3. Changing values of workers - better educated and more demanding of
good working conditions.
The OSHA approach to safety compared to the workers comp. approach.
1. state v. federal
2. reactive v. proactive
3. insurance v. inspection and penalties
4. no rules v. many rules
OSHA agencies and responsibilities:
OSHA NIOSH OSHRC
1. set standards 1. train inspectors 1. review appeals
2. grant variances 2. do research takes place of
3. do inspections safety issues Fed Dist. Ct. next
4. issue citations to Cir Ct.
OSHA Terms: Standards, citation, abatement period, variance violations
(de minimus, serious, imminent danger), general duty clause,
inspections, search permits.
Rights of Employees:
1. right to safe work place
2. to participate in enforcement proceedings
3. refuse hazardous work
Rights of Employers
1. be free from warrantless search
2. discipline recalcitrant employees
Obligations of Employees
1. comply with regulations - no penalty from OSHA
Obligations of Employers
1. comply with standards
2. comply with general duty
3. cooperate with inspections
4. keep records
Early Controversies
1. consensus standards - standards that were not designed for the
purposes they were put to.
2. feasibility - some standards simply were not feasible
3. cost/benefit analysis - provision to justify standards using a
c/b analysis