Occupational Safety and Health Act

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Introduction Workplace safety is a commonly used phrase that many do not consider until an accident occurs within the workplace. Throughout the U.S., workplace injuries occur on a daily basis. This has been an issue in the workforce for many years and is still an ongoing issue. Are there laws that protect employees from an unsafe work environment; what is the Occupational Safety and Health Act (OSHA); and how did the labor unions affect the law? In this paper these following questions will be addressed, as well as the background and driving force of OSHA. Definition of the OSHA Law According to the OSHA website, www.osha.gov , retrieved August 27, 2004, it states “OSHA's mission is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health”. In addition, as of the enactment of the Occupational Safety and Health Act in 1970, each employer shall furnish his employees a place of employment free from recognized hazards that cause and/or are likely to cause death or serious physical harm to employees; before the enactment employers were only bound by common law to provide a safe work environment for its employees. OSHA also enforces that employees are not exempt and shall comply with occupational safety and health standards under this Act. Employee conduct, must comply with the OSHA rules and regulations and orders which are applicable to their own action and conduct (Bennett-Alexander-Hartman: Employment Law for Business, Fourth Edition, p 690 p. 2-3). Background and Driving Force Getting started, the impetus to OSHA was to develop a new safety and or health standard in the workforce. Congress collected information indicating the status quo in the working environment included unacceptable hazards in the workplace. The OSHA act was passed through congress based on a series of information collected through sources such as the Department of Health and Human Services' (DHHS); National Institute for Occupational Safety and Health (NIOSH); Environmental Protection Agency's Toxic Substances Control Act (TOSCA) referral; public petitions; or requests from OSHA advisory committees. Empowered with the knowledge of existing workplace hazards a... ... middle of paper ... ...ed to workplace safety and are very personally involved, watching legislative decisions, protesting presidential nominees and lobbying. Conclusion While workplace safety and health standards have improved due to OSHA, the mission of the Act is still being carried out for America’s workers. Both employers and employees are responsible to be in compliance with the Act’s rules and regulations. References University of Phoenix. (Ed.). 2004. Employment Law [University of Phoenix Custom Edition e-Resource]. Bennett-Alexander-Hartman: Employment Law for Business, Fourth Edition. Retrieved August 27, 2004, from University of Phoenix, Resource, MGT/434-Employment Law Web site: https://mycampus.phoenix.edu/secure/ resource/resource.asp OSHA Home Page August 27, 2004. http://www.osha.gov Retrieved from http://www.osha.gov/as/opa/oshafacts.html on Monday, August 30 University of Phoenix. (Ed.). 2004. Employment Law [University of Phoenix Custom Edition e-Resource]. Bennett-Alexander-Hartman: Employment Law for Business, Fourth Edition. Retrieved August 32, 2004, from University of Phoenix, Resource, MGT/434-Employment Law Web site: https://mycampus.phoenix.edu/secure/ resource/resource.asp

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