The Occupational Safety and Health (OSH) Act is a federal law that requires employers to provide a workplace free from recognized hazards. Under the OSH Act, employers must comply with legally prescribed safety standards, post safety notices in conspicuous places, maintain records of workplace safety incidents, and correct hazardous working conditions that could lead to injury or death.
The OSH Act is enforced by OSHA, the Occupational Safety and Health Administration. OSHA sets and enforces workplace safety standards, and also provides training, conducts on-site inspections, and imposes penalties for noncompliance.
OSHA sets standards for farming, construction, maritime, and general industries. The regulations apply to most private companies with at least one employee, although they don't apply to state and local governments and their subdivisions, self-employed individuals, farmers' immediate family members, or industries regulated by another federal agency. An OSHA-approved state agency may cover state and local government employees.
Under the OSH Act, employers must make the workplace safe from recognized hazards and regularly check work sites for OSHA violations. They must warn employees about possible hazards and set up policies to ensure compliance with OSHA standards. In certain circumstances, employers might also need to provide safety training or arrange medical examinations.
Covered employers with more than 10 employees must keep records of all workplace injuries, illnesses, deaths, and toxic substance exposures, and these records must be available to employees. Employers also have to record their efforts to comply with the law and to prevent occupational illnesses and injuries.
Employers aren't required to report every workplace injury to OSHA. However, covered employers must alert OSHA of any work-related death, amputation, eye loss, or hospitalization. Under the law, employers must notify OSHA within the following time frames:
Employers must display an OSHA poster at the work site informing employees of their rights and responsibilities, along with any current citations issued by OSHA inspectors. Employers with more than 10 workers are required to post a log and summary of any workplace illnesses and injuries. Additional industry-specific notices might be required too.
(Read more about an employer's requirements under OSHA.)
Some OSHA inspections are random; others are in response to employee complaints. If the agency identifies a violation, it will issue the employer a "citation and notification of penalty" that specifies the offense, proposes a time period for correction, and lists a potential penalty (typically a fine).
Employers must post the citation near the work area involved and correct the situation promptly. Penalties for knowingly violating OSHA standards range from $5,000 to $70,000 per violation, depending on the seriousness of the offense.
In cases involving intentional or grossly negligent conduct, employers might be subject to criminal charges. Repeated OSHA violations can help a prosecutor prove that an employer was grossly negligent.
If you are injured or made ill by something in your workplace, notify your supervisor immediately—for both workers' compensation and OSHA purposes. If the condition is not corrected, complain to the local OSHA office. An OSHA inspector might require the employer to correct the hazards or send employees home.
Your employer is not allowed to retaliate against you for reporting a workplace hazard or walking off the job due to truly dangerous conditions. If you believe you were fired or disciplined for these reasons, you can file a report with the Department of Labor and OSHA within 30 days of the adverse action. You may also file a lawsuit against the employer for retaliation.
Workers are typically more aware of and more exposed to hazards in the workplace than their employers. Fortunately, the OSH Act gives employees a number of options for alerting their employers of dangerous conditions, and escalating their complaints if necessary. The OSH Act gives employees the right to:
If you've been injured or contracted an illness due to hazardous working conditions, you'll probably be entitled to workers' compensation benefits. If your initial claim is denied, be sure to contact a workers' comp attorney to represent you on appeal.
Additional benefits might be available if your employer injured you purposefully or due to gross negligence. State laws vary, so check with an attorney in your area to understand your rights.
