What Is OSHA?

February 15, 2017

Before 1970, approximately 14,000 workers were killed on the job every year. Minuscule importance was placed on workplace safety, and when employees were hurt while working, almost no mind was paid to compensation. It was clear something had to be done, and so OSHA was created. Since its inception, the number of worker fatalities per year is about 4,400 on average.

What Is OSHA?

The Occupational Safety and Health Administration (OSHA) was born out of the Occupational Safety and Health Act, signed into law in 1970 by then-President Richard Nixon. It’s their job to ensure industry compliance with safety standards, health regulations, and employee benefits by the company. This is most crucial in the field of construction, where more than 20 percent of all worker deaths happen every year.

How Does OSHA Carry Out Their Inspections?

They have a budget of nearly $600 million , employ more than 2,200 federal inspectors, not to mention the nearly 3,000 state-level employees (26 states have their own OSHA programs; Texas is not one of them), and they conducted a total of 75,000 inspections at federal and state levels combined. However, there are approximately 8 million public-sector workplaces, which means OSHA has a very difficult job.

What Happens During an OSHA Inspection?

An OSHA inspector’s first priority is assessing whether there are any imminent dangers present. If there are, employees will be immediately removed and employers asked to fix the problem immediately. Then, the inspection process will usually proceed as follows:

OSHA will have prepared by reviewing all operation processes currently in place by the company. The OSHA officer must present their credentials upon arrival.
The officer will then explain the reason for their inspection, describe what will happen while they are there, and conduct employee interviews. The employer will select a representative to accompany the OSHA officer during their inspection.
If the officer sees any hazards during their walkaround, they must cite them, but will also suggest ways they can be immediately improved. An employer correcting the hazard right away is a gesture of good faith.
After the inspection, there will be a closing conference to go over the officer’s findings and steps the company can take to correct any hazards.

If there are numerous dangers, the workplace may be subject to targeted and repeat inspections. Of course the company has the ability to file an appeal, in which case they can have an informal conference with an OSHA Area Dictator. Employers have 15 days post-inspection to formally file an appeal.

What Are the Penalties for OSHA Violations?

A fineable offense on the part of a company means that they have a certain amount of time to correct the problem, otherwise fine amounts will continue to escalate. The OSHA fine structure works like this:

Serious Other-Than-Serious Posting Requirements: $12,675 per violation.
Failure to Abate: $12,675 per day beyond abatement date.
Willful or Repeated Violation: $126,749 for each one.

The incentive for workplaces to comply with OSHA standards is there. Mistakes will happen sometimes, but OSHA does not take repeated dangers or neglectful actions lightly.

The post What Is OSHA? appeared first on GES Injury Attorneys.

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