Page 125 - Forensic Structural Engineering Handbook

3.10 DESIGN AND CONSTRUCTION PRACTICES

THE OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION AND ITS STANDARDS

Background and History
The U.S. Congress enacted the Occupational Safety and Health Act (OSHA Act, Public Law
91-596 as amended by P.L. 101-552) of 1970 in consideration of the increasing toll of
employment-related injuries and fatalities. The costs of lost production, earnings, and dis-
abilities resulting from employment-related incidents were enormous; therefore, the OSHA
Act under the U.S. Department of Labor was established to promulgate safety and health
standards and to monitor safety and health conditions at the nation’s workplaces. Before the
act was enacted, there was no nationwide uniform provision to safeguard the safety and
health of the workforce.
Section 5 of the act states:

(a) (1) 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;
(2) Each employer shall comply with occupational safety and health standards promulgated
under this Act.

The general objectives of establishing OSHA were, among other things, to
1. Reduce workplace injuries and fatalities by encouraging employers and employees to
implement safety and health programs
2. Promulgate safety and health standards and enforce them
3. Keep records of employment-related injuries and illnesses
4. Provide training to occupational safety and health personnel
5. Provide for research in developing newer ways to deal with workplace hazards
The act has a provision to encourage states to develop their own safety and health plans,
which are required to be at least as effective as the federal program. Federal OSHA provides
up to 50 percent of the states’ operating costs to implement the approved state programs.
Presently, 23 states have approved state OSHA programs. Federal OSHA has jurisdiction in
the remaining states. Table 3.1 is a list of the states and territories having their own job safety
and health programs and those states where the federal program is enforced.
With the exception of self-employed persons and farms with immediate relatives as
employees, the OSH Act covers practically all sectors of employment. Coverage is pro-
vided by the federal OSHA or through the federal OSHA-approved state safety and health
plans. If other federal agencies are regulating safety and health conditions in a particular
industry, then the OSHA standards are not applied. OSHA standards are also generally not
applicable to the state and local governments in their role as employers.

OSHA Standards
OSHA standards are applied to a breadth of industries—agriculture, general, maritime, and con-
struction. At the inception of OSHA for a period of 2 years, standards were derived from the then-
available resources. OSHA adopted some of the already existing federal laws which were in
effect in 1970. In addition, OSHA adopted standards developed by experts in various industries,