The Occupational Safety and Health Administration (OSHA) enacts occupational health regulations in the US to promote worker safety and health. The law covers a wide range of workplace issues and requires a four-part test before OSHA can regulate a hazard. OSHA’s regulations have had a significant impact on reducing workplace fatalities and injuries. However, the law has been controversial due to concerns over government authority and potential damage to the economy. OSHA’s regulations are developed through negotiations involving politicians, business, and labor.
Occupational health regulations are enacted in the United States under the Occupational Safety and Health Act of 1970 by the Occupational Safety and Health Administration, also established by that act. They are intended to promote the safety and health of workers and generally require employers to provide a working environment free from known hazards or to provide reasonable protection against such hazards in the workplace.
The US government’s enactment of occupational safety and health legislation has been controversial for two main reasons. Firstly, some argued that the government did not have the authority under the Constitution to monitor and regulate conditions in the workplace, and secondly, the enactment of occupational health regulations was expected to cause irreparable damage to the profitability of most companies and therefore to the American economy.
The law itself covers a large number of workplace issues, but generally requires a four-part test of a hazard before OSHA can regulate it: 1) There must be a hazard; 2) Must be a recognized hazard; 3) The hazard has the potential to cause or is likely to cause serious injury or death; and 4) The hazard must be solvable. There are many situations that could be considered a hazard that do not meet these four criteria, and therefore it is difficult for OSHA to enact comprehensive regulations that fully protect workers.
OSHA is an agency of the United States Department of Labor and its leadership is appointed by the president, making its day-to-day operations and agenda political. Before issuing any occupational health regulations, OSHA solicits input from stakeholders and conducts hearings for the same purpose. The development of most occupational health regulations is the subject of intense negotiations involving politicians, business and labour. However, a quick review of OSHA’s occupational health regulations, which have the force of law, reveals a bewildering array of topics that cover seemingly every aspect of human occupation.
OSHA has had a dramatic impact on American industrial life. Prior to the passage of the law in 1970 and the creation of OSHA, there were more than 14,000 deaths annually from industrial accidents and occupational hazards and more than 2 million injuries. The workplace fatality statistics have been maintained in their modern form since 1992 and indicate that in the following 15 years, workplace fatalities decreased by more than 20%, and even as the American workforce grew, casualties in the 21st century are less than 6,000 per year.
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