In September, the Occupational Safety and Health Administration (OSHA) fined two Georgia companies for safety violations following fatal accidents. OSHA claims the deaths were preventable had the two employers—one: a concrete pipe maker, the other: a grain silo operator—followed proper safety procedures. As unfortunate as these accidents are, they highlight the importance of OSHA rules and regulations in maintaining safe workplace environments for workers. Today’s blog will look at the history of OSHA and its continuing impact on the wellbeing of American employees.

History of OSHA

In 1970, the United States Congress passed the Occupational Health and Safety Act, creating the Occupational Safety and Health Administration (OSHA) to set and enforce standards for quality working conditions for American workers. The agency requires employers to report any illness or injury that occurs during working hours. OSHA tracks these workplace injuries, investigates accidents to figure out what went wrong and why, and attempts to improve working conditions by implementing preventative measures based on their findings.

OSHA is a part of the United States Department of Labor and serves as a testament to the hard work and dedication of twentieth-century labor movements and the workers who led the charge against unsafe working conditions. Today, OSHA continues to provide external structure and support to employers and employees. As a separate and impartial entity, the agency safeguards employees by setting industry-wide standards for employers to implement and rigorously follow to avoid unnecessary injury, illness, or death.

The following employer responsibilities and employee rights are outlined in the OSHA At-A-Glance publication:

Employer Responsibilities

Employers must:

• Follow all relevant OSHA safety and health standards
• Find and correct safety and health hazards
• Inform employees about chemical hazards through training, labels, alarms, color-coded systems, chemical information sheets and other methods
• As of January 1, 2015, notify OSHA within 8 hours of a workplace fatality or within 24 hours of any work-related inpatient hospitalization, amputation, or loss of an eye (1-800-321-OSHA [6742]); www.osha.gov/report_online)
• Provide required personal protective equipment at no cost to workers
• Keep accurate records of work-related injuries and illnesses
• Post OSHA citations, injury and illness summary data, and the OSHA Job Safety and Health – It’s The Law poster in the workplace where workers will see them
• Not retaliate against any worker for using their rights under the law

Employee Rights

Employees have the right to:

• Working conditions that do not pose a risk of serious harm
• Receive information and training about chemical and other hazards, methods to prevent harm, and OSHA standards that apply to their workplace
• Review records of work-related injuries and illnesses
• Get copies of test results done to find and measure hazards in the workplace
• File a complaint asking OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHA rules. When requested, OSHA will keep all identities confidential
• Use their rights under the law without retaliation. If an employee is fired, demoted, transferred or retaliated against in any way for using their rights under the law, they can file a complaint with OSHA. This complaint must be filed within 30 days of the alleged retaliation

OSHA v. Workers’ Compensation

OSHA and workers’ compensation systems are entirely independent of each other and serve different purposes. Under OSHA standards, employers are required to keep records to monitor safety program performance. This has nothing to do with state workers’ compensation laws. Workers’ compensation insurance is monetary support available to employees following an on-the-job accident. OSHA creates and enforces workplace safety rules, while workers’ compensation programs provide benefits to any worker injured at the workplace.

A link between the two systems exists in situations where an OSHA violation results in an injury or illness that is then compensable through workers’ compensation insurance. In the cases mentioned above, both OSHA and workers’ compensation systems are relevant—OSHA fines the employer for negligence and workers’ compensation provides support to the families of the victims. In other situations, a case might be eligible for workers’ compensation, but fail to meet the specific criteria for being an OSHA-recordable case. Just the same, an OSHA-recordable case may fail to meet the criteria necessary for workers’ compensation insurance. 

While OSHA claims and workers’ compensation cases are entirely separate instances, they both serve to protect employees from undue harm arising from the workplace. Workers’ compensation attorneys are yet another part of this system to help guard and guide employees from workplace accidents. Whether it’s reporting a workplace violation to OSHA or contacting an experienced workers’ compensation attorney like Poirier Law Firm to assist with post-accident care, there are support structures in place to protect and provide for employees and their families. Reach out today for more information.