The Definition of Occupational Safety and Health Act (OSH Act)

Definition of Occupational Safety and Health Act (OSH Act)

The Occupational Safety and Health Act of 1970 (OSH Act) is the federal law that governs workplace safety and health for most private-sector employers in the United States. Signed on December 29, 1970, it created the Occupational Safety and Health Administration (OSHA) to set and enforce standards, the National Institute for Occupational Safety and Health (NIOSH) to research workplace hazards, and the independent Occupational Safety and Health Review Commission to hear contested citations.

Key Facts About the OSH Act

• Section 5(a)(1), the General Duty Clause: employers must provide a workplace free from recognized hazards likely to cause death or serious physical harm.
• Section 5(a)(2): employers must comply with OSHA standards issued under the Act.
• Section 11(c): protects workers from retaliation for exercising safety rights.
• Section 18: allows states to run their own OSHA-approved State Plans.
• The Act generally doesn't cover the self-employed, workers in industries regulated by certain other federal agencies, or state and local government workers outside State Plan states.

Example of the OSH Act

When no specific OSHA standard covers workplace heat exposure, OSHA can still cite an employer under the OSH Act's General Duty Clause if workers face a recognized, serious heat hazard and feasible controls were not used.

Related Terms

• OSHA
• General Duty Clause
• NIOSH
• OSHA State Plan
• OSHA Whistleblower Protection (Section 11(c))

Frequently Asked Questions: OSH Act

What is the difference between the OSH Act and OSHA?

The OSH Act is the law passed by Congress. OSHA is the agency within the U.S. Department of Labor that the Act created to write and enforce workplace safety standards.

What rights does the OSH Act give workers?

Workers have the right to a safe workplace, to file complaints and request inspections, to receive hazard information and training, to see injury records and exposure results, and to be protected from retaliation.

Does the OSH Act apply to small businesses?

Yes. The Act covers private employers of any size, although small employers may be exempt from some recordkeeping requirements and are eligible for free, confidential OSHA On-Site Consultation services.