Under the Occupational Safety and Health Act, U.S. states and territories are permitted to adopt federally approved occupational safety and health plans. These plans, which replace federal OSHA enforcement and receive partial funding from the federal government, are required to be at least as effective in protecting workers as OSHA. They are also required to cover public sector employees (federal OSHA does not cover such workers). Twenty-two states administer occupational safety and health plans. An additional five jurisdictions, Connecticut, New York, New Jersey, Illinois, and the Virgin Islands, have occupational safety and health plans that exclusively cover public sector workers and do not supplant federal OSHA in private sector enforcement.[30]
8.7 Controversy
Much of the debate about OSHA regulations and enforcement policies revolves around the cost of regulations and enforcement, versus the actual benefit in reduced worker injury, illness and death. A 1995 study of several OSHA standards by the Office of Technology Assessment (OTA) found that regulated industries as well as OSHA typically overestimate the expected cost of proposed OSHA standards.
OSHA has come under considerable criticism for the ineffectiveness of its penalties, particularly its criminal penalties.
The maximum penalty is a misdemeanor with a maximum of 6-months in jail.[31]In response to the criticism, OSHA, in conjunction with the Department of Justice, has pursued several high-profile criminal prosecutions for violations under the Act, and has announced a joint enforcement initiative between OSHA and theUnited States Environmental Protection Agency(EPA) which has the ability to issue much higher fines than OSHA. Meanwhile, Congressional Democrats,labor unionsand community safety and health advocates are attempting to revise theOSH Actto make it a felony with much higher penalties to commit a willful violation that results in the death of a worker. Some local prosecutors are charging company executives withmanslaughterand other felonies whencriminal negligenceleads to the death of a worker.
During its more than 40 years of existence, OSHA has secured only 12 criminal convictions.[32]
OSHA has been accused of being more devoted to the numbers of inspections than to actual safety. Industry associ-ations and unions have resorted to court action to force OSHA to promulgate new standards such as the Hexavalent Chromium standard. OSHA has also been criticized for taking decades to develop new regulations. Speaking about OSHA on the specific issue of combustible dust explosions:[33]
"[Carolyn] Merritt was appointed to the Chemical Safety Board by President Bush. Asked what her experience has been with regard to safety regulations in the Bush administration, Merritt says, 'The basic disappointment has been this attitude of no new regulation. They don't want industry to be pestered. In some instances, industry has to be pestered in order to comply.' "
8.8 See also
• American Society of Safety Engineers
• Asbestos Disease Awareness Organization
• Construction site safety
• Ergonomics
8.9. REFERENCES 45
• Voluntary Protection Programs Participants’ Association
• Mine Safety and Health Administration(MSHA)
• MIOSHA
• National Institute for Occupational Safety and Health(NIOSH)
• Occupational safety and health
• Occupational fatality
• Oregon OSHA
• Regulatory Flexibility Act
• OSHA History
• U.S. Chemical Safety and Hazard Investigation Board
• OSHA Official 1910.1030 Bloodborne Pathogen Regulation
8.9 References
[1] http://www.dol.gov/dol/budget/2015/PDF/FY2015BIB.pdf [2] http://www.dol.gov/dol/budget/2015/PDF/FY2015BIB.pdf [3] “About OSHA”.
[4] “OSHA History”. Department of Labor.
[5] https://www.osha.gov/dcsp/osp/faq.html#oshaprogram
[6] https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=3373 [7] https://www.osha.gov/workers.html#3
[8] http://www.osha.gov/as/opa/worker/employer-responsibility.html
[9] https://www.osha.gov/dep/standards-policy-statement-memo-04-28-10.html [10] http://www.osha.gov/Publications/osha3151.html
[11] http://www.osha.gov/OshDoc/data_General_Facts/ppe-factsheet.pdf [12] http://www.osha.gov/OshDoc/data_General_Facts/factsheet-inspections.pdf [13] http://www.osha.gov/recordkeeping/index.html
[14] http://www.osha.gov/Publications/poster.html [15] http://www.whistleblowers.gov/
[16] http://www.osha.gov/workers.html#2
[17] https://www.osha.gov/as/opa/worker/complain.html [18] http://www.whistleblowers.gov/
[19] http://www.osha.gov/law-regs.html [20] Michaels, David.“OSHA at 40”. OSHA.
[21] “Death on the Job: the Toll of Neglect. 20th Edition, 2011.”. AFL-CIO.
[22] https://www.osha.gov/as/opa/worker/complain.html [23] “OSHA Enforcement Landing Page”.
[24] “Enforcement Guidance for the U.S. Postal Service”. OSHA.
[25] “Policy as to domestic household employment activities in private residences”. OSHA.
[26] “Safety and Health in the Aviation Industry”. OSHA.
[27] “Enforcement Exemptions and Limitations under the Appropriations Act”. OSHA.
[28] Hamby, Chris.“OSHA acknowledges database of fatal accidents incomplete”. Center for Public Integrity.
[29] “Office of the Whistleblower Protection Program”.
[30] “State Occupational Safety and Health Plans”.
[31] “OSHA Administrative Penalty Information Bulletin”.
[32] Justice Dept Drops Most Criminal OSHA Referrals
[33] Pelley, Scott (2008-06-08).“Is Enough Done To Stop Explosive Dust?". 60 Minutes (CBSnews.com). Retrieved 2008-06-09.
Department of Labor Budget in Brief, FY2013
8.10 External links
• File an OSHA complaint online
• Official website
• OSHAin theFederal Register
• OSHA - Office of Education and Training
• OSHA - Current 29 CFR Books in Digital Format
• OSHA - List of Highly Hazardous Chemicals
• Occupational Safety and Health Act text
• National Institute for Occupational Safety and Health
• The short film“The Story of OSHA (1980)"is available for free download at theInternet Archive