Document OKNJ79J4oo9O3JOqYdrzZOgK

Oot 11o eo ^ u. OQ. Q. 1/1 QC O CD < --I oz >H~- p< LL uUJ- cHc O < cn f Z <5 UJ Zo D< cc < I<- VX- Q. -J D< CL LL) oO wX Q Oo z CO < oo CO UJ* 3 UJ z UHJ < > X CL X O UJ cl A. Handy Reference Guide The Wil iams- Steiger Occupational Safety and Health Act of 1970 UNfTED STATES DEPARTMENT OF LABOR KMX 01691 Occupational Safety and Health Administration Washington, D.C. 20210 PURPOSE OF THE LAW The declared congressional purpose and policy of the act is "to assure so far as possible every working man and woman in the Nation safe and health ful working conditions and to preserve our human resources." COVERAGE The provisions of the law apply to every employer engaged in a business affecting commerce who has employ ees. The law applies in all 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, the Outer Conti nental Shelf Lands, Johnston Island, and the Canal Zone. Federal, State, and local government employees are spe cifically excluded from coverage, but they may be covered by equally effec tive requirements. See Section 1tor programs covering Federal employees and Section 18(0(61 for potential cov erage of State and local government employees. In addition, the act specifically pro vides that iN terms shall not apply to working conditions protected cinder other Federal occupational safety and health laws ixuch as those under the Federal Coal Mine Health'and Satets Act; and under the Atomic Energy Act ot ld54. a^ amended, including State agreements under that act). DUTIES OF EMPLOYERS AND EMPLOYEES Each employer under the' act has the general duty to lurnish eac h of his em ployees employment and [daces ot employment, tree from recognized hazards causing, or likely to cause, death or serious physical harm: and the employer has the specific duty ot KMX 01692 c omplying with safety and health stand ards promulgated under the act. Each emploxee has the duty to comply with these safety and health standards, and all rules, regulations, and orders issued pursuant to the act which are applica ble to his own actions and conduct. The act took effect on April 28, 1971. ADMINISTRATION Administration and enforcement of the act are vested primarily in the Sec retary lit Labor and in a new agency, The Occupational Safety and Health Review Commission, a quasi-judicial board of three members appointed by the President. Research and related functions are vested in the Secretary of Health, Education, and Welfare whose functions will, for the most part, be carried out by the new National Insti tute for Occupational Safety and Health established within HEW. The Secretary of Labor is responsible for both promulgating and enforcing job safety and health standards. Occu pational safety and health inspections will be made by inspectors located in offices to be established in mam com munities throughout the countrw OCCUPATIONAL SAFETY AND HEALTH STANDARDS In general, job safety and health standards consist of rules for avoidance of hazards which have been proven In research and experience to be harm ful to personal safety and health. They constitute an extensive compilation ot wisdom which sometimes applies to all employees. An example of this would be fire protection standards. A great many standards, however, apply only to workers while engaged in -.pecrtic types of work --such as handling compressed gases. pational safety and health standards are listed here to familiarize covered employers and emplcnees with the torm of such standards: One typical standard. - Aisles and passageways shall be kept clear and in good repair, with no obstruction across or in aisles that could create a hazard. Another t\pica/ standard. --In any operations such as chipping, caulk ing, drilling, riveting, grinding, and pouring babbit metal, m which the eye hazard of flying partic les, molten metal, or liquid chemical exists, em ployees shall be protec ted bvsuitable face shields or goggle's .... It is the obligation or all employers and employees to ramiliarize them selves with those standards which apply to them and to observe them at all times. The act authorizes the Secretary of Labor until April 28. 1973, to promul gate as occupational safety and health standards anv existing Federal Stand ards isuch as those presently applying to Federal contractors under the VValshHealev Act) or anv national consensus standards (such as those issued bv the National Fire Protection Association). He may do this without complying with the rulemaking requirements of the Administrative Procedure Act. In addition, the Secretary of Labor mav. upon the basis of information submitted by the Secretary or Health, Education, and Welfare, advisory com mittees and others, revise, modify, or revoke existing standards as well as promulgate new ones. The promulga tion of standards under this section ot the act must be clone under the proce dures set forth in the section itself, in cluding various time limitations, and ci'O under the procedures or the Ad ministrative Procedure Act. Anv person adversely affected bv a standard issued in the Secretary mav challenge its va lidity bv petitioning the U. S. Court of Appeals within 60 da vs after its promul gation. Unless otherwise ordered bv die Court, filing such a petition does not operate as a stay or the standard. Also, the act provides for the estab lishment ot emergency temporary 'tandards. effective immediately upon oublication in the Federal Register, wHere it is round that employees are exposed to grave danger. The act also lontains provision for standards which mav require: That no employee dealing with toxic materials or harmful physical agents will suffer material impairment ot KMX 01694 health or functional capacity, even if such employee has regular expo sure to the hazard dealt with by such standard for the period of his working life. Development and prescription or labels or other appropriate forms ot warning so that employees are made aware of all hazards to which they are exposed. Prescription of suitable protective equipment. Monitoring or measuring emolovee exposure to hazards at such loca tions and intervals and in such man ner as may be necessary tor the protection of employees. Prescription of the type and fre quency of medical examinations or other tests for employees exposed to health hazards. At the request of an employee, the examination or test results shall be furnished to his physician. The Secretary, after a hearing on an employer application therefor, is authorized to grant temporary vari ances from standards to give the em ployer sufficient time to come into compliance if he can show a need tor certain time-extension and has a pro tective plan ot action. Variances mav be granted without time limits it the Secretary finds that an employer is us ing safety measures which are as safe as those required in a standard. Affected employees shall be given notice of each such application and an opportu nity for hearing. COMPLAINTS OF VIOLATIONS Anv employees (or representative thereof! who believe that a violation ot a job safety or health standard exists which threatens physic al harm, or that an imminent danger exists, may re quest an inspection by sending a signed written notice to the Department ot Labor. Such a notice shall set torth with reasonable particularity the grounds for the notice and a copv shall be provided the employer or his agent. The names of the complainants need not, however, be rurnished to the em ployer. If the Secretarv finds no reason able grounds tor the complaint and a citation is not issued, the Secretarv is required to notifv the complainants in writing of his determinations or final disposition of the matter. Also, the Sec retarv is required to set up procedures for informal review in a case where a citation is not issued. ENFORCEMENT In enforcing the standards, Labor Department safetv inspectors mav en ter without delav. and at anv reasonable times, anv establishment covered bv the act to inspect the premises and all pertinent conditions, structures, ma chines. apparatus, devices, equipment, materials therein, and to question privately anv emplover, owner, opera tor, agent, or empiovee. The* act per mits the emplover and a representative authorized by his emplovees to accom pany the inspector during the physical inspection of anv workplace tor the purpose of aiding such inspection. The Secretary of Labor also has power, in making inspections and investigations under the act. to require the attendance and testimony ot witnesses and the production or evidence under oath. The Secretarv or Health. Education, and Welfare is also authorized to make in spections and question employers and employees in order to carry out those functions assigned to HEW under the act. Where an investigation reveals a violation, the employer is issued a writ ten citation describing the specific nature of the violation. All citations shall fix a reasonable time for abate ment of the violation, and each citation (or copies thereon issued bv the De partment must be prominently posted at or near each place v\ here a violation referred to in the citation occurred. Notices, in lieu of citations, mav be issued for de minimis violations which have no direct or immediate relation ship to safetv or health. No citation mav be issued after the expiration of 6 months following the occurrence of anv violation. Notification of Proposed Penalty Within a reasonable time after issu ance of a citation tor a job safety or health violation, the Labor Department shall notify the emplover bv certified mail of the penalty, it any, which is proposed to be assessed. The emplover then has 15 working davs w ithin which to notify the Department that he wishes to contest the citation or proposed as sessment of penalty. It the employer fails to notifv the Department within such time that he intends to contest the citation or proposed assessment of pen alty, the citation and the assessment shall be final, provided no employee tiles an objection to the time allowed tor abatement (see below "Time tor Abatement of Hazards"). If the em ployer notifies the Department within such time that he does wish to contest, the Secretary of Labor will so advise the Occupational Safety and Health Review Commission and the Commis sion shall afford an opportunitv for a hearing. The Commission then wiil issue orders affirming, modifying, or vacating the citation or proposed pen alty. Orders of the Commission are final 30 days after issuance. Review ot Commission orders may be obtained in the U. S. Court of Appeals. The Review Commission's rules or procedure shall provide affected em ployees (or representatives thereof) an opportunitv to participate as parties to hearings under Section 10(c). Time for Abatement of Hazards A citation issued bv the Department -hall prescribe a reasonable time for elimination or abatement of the hazard. This time limit mav also be contested it notification of such is filed with the De partment within I 5 days. Tire time set bv the Department tor correcting a vio lation shall not begin to run until there is a final order of the Review Commis sion, if the review is initiated bv the employer in good faith and not soleh tor delay or avoidance of penalties. Employees (or representatives of em ployees) also have the right to object to the period of time fixed in the citation tor the abatement of a violation. It. within 1 5 days after a citation is issued, an employee files a notice with the De partment alleging that an unreasonable time was allowed for abatement, review procedures similar to those specified above apply. Failure To Correct Violation Within Allowed Time Where time for correction of a viola tion is allowed, but the employer tails to abate within such time, the Secretary of Labor shall notify the employer bv certified mail of such failure and of the proposed penalty. Such notice and as sessment shall be final unless the em ployer contests the same by notice to the Secretary within f 5 davs. Upon a showing by an employer of a good faith effort to comply with the abatement requirements ot a citation, but that abatement has not been com pleted because of factors bevond his reasonable control, an opportunity for a hearing will be afforded, after which an order affirming or modifying the abatement requirement will be issued. PENALTIES FOR VIOLATIONS Willful or repeated violations of the act's requirements by employers may incur monetary penalties of up to $10, 000 for each violation. Citations issued for serious violations incur mandatory monetary penalties of up to SI ,000 tor each violation, while penalties in the same amount may be incurred where nonserious violations are cited. A seri ous violation exists where there is a substantial probability that death or serious physical harm could result. Any employer who fails to correct a violation for which a citation has been issued within the period prescribed therein may be penalized up to S1,000 each day the violation persists. A willful violation by an employer which results in the death ot any em ployee is punishable bv a fine ot up to $10,000 or imprisonment for up to b months. A second conviction doubles these criminal penalties. KMX 01696 Criminal penalties are also included regulations requiring employers to keep in the act ror making false official state their employees informed of their pro ments, and tor giving unauthorized ad tections and obligations under the law vance notice of anv inspections to be through [testing ot notices or other conducted under the act. appropriate means. The information which employers may be required to RECORDKEEPING REQUIREMENTS I give their employees may also include l the provisions of applicable standards. t In order to carry out the purposes of the act. employers are required to keep and make available to the Labor Secre STATISTICS tary land also to the HEW Secretary) The Secretary of Labor, in consulta records on certain employer activities tion with the Secretary of HEW, is re under the act. Employers are also re quired to develop and maintain an quired to maintain accurate records effective program of collection, compi land periodic reports) of work-related lation, and analysis of statistics on work deaths, injuries, and illnesses. Minor injuries and illnesses. In so doing he injuries requiring only first aid treat may make private grants or contracts ment need not be recorded, but a record and grants to States or political sub must be made if it involves medical divisions thereof. The Secretary mav treatment, loss of consciousness, re also require employers to file such striction of work or motion, or transfer reports of work injuries and illnesses to another job. required to be kept tinder the act as he Employers can also be required to shall deem necessary. maintain accurate records of employee Existing agreements between the exposures to potentially toxic materials Department ot Labor and a State for or harnnul physical agents which are collection of occupational safety and required to be monitored or measured health statistics are preserv ed under the under Section bib) (7), and to promptly act until replaced bv other arrange advise am employee of any excessive ments under grants or contracts made exposure and of the corrective action under the act. being undertaken. The Secretary of Labor, in cooperation with the Secretary of Health, Education, and Welfare, is authorized bv the law to issue regula GENERAL NOTICE REQUIREMENT tions in this area which shall provide employees or their representatives with an opportunity to observe such monitor The Secretary of Labor is required to publish in the Federal Register a state- ing or measuring, to have access to the 1 ment of his reasons for any action he records thereof and to such records as , takes with respect to the promulgation | of any standard, the issuance of any will indicate their own exposure to toxic materials or harmtul physical rule, order or decision, the granting of agents. any exemption or extension of time, as For recordkeeping purposes, the well as anv action he takes to compro Secretarv s regulations may also require mise, mitigate, or settle anv- penalty employers to conduct their own peri assessed under the act. odic inspections. The Secretary is directed ter issue KMX 01697 IMMINENT DANGERS Any conditions or practices in any place of employment which are such that a danger exists which could rea sonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through normal en forcement procedures may be restrained by order of a U. S. District Court upon petition of the Secretary or Labor. If the Secretary arbitrarily or capriciously tails to seek action to abate an immi nent danger of such kind, a mjndjmu< action to compel him to act may be brought in the U. S. District Court by any employee who m,n be injured In reason ot such railure. A Labor Depart ment safety inspector u ho c onc ludes that such imminent-danger conditions or practices exist m any place ot em ployment is obligated to intorm the artected employees and employers ot the danger and that he is recommending to the Secretary of Labor that reliet be sought. PROTECTION AGAINST HARASSMENT No person shall discharge or in any manner discriminate' against any em ployee because he exercise's any right under the act or tiles a complaint ot other proceeding or because he testi fies or is about to testily in any proceed ing under the act. Any employee yvho believes that he has been disc barged or KMX 01698 otherwise discriminated against in vio lation of this provision mav. yvithin 30 days of such illegal action, tile a com plaint with the Secretary ot Labor. The Secretary is authorized to investigate the matter and to bring action in the U. S. District Court for appropriate re lief, including rehiring or reinstatement of the employee to his former job yvith back pay. The Secretary must notify the complainant of his action on the com plaint yvithin 90 days ot its receipt. STATE PARTICIPATION The act encourages the States to as sume the fullest responsibility tor the administration and enforcement of their occupational satetv and health laws by providing grants to the States for the purposes listed later in this guide. A specific disclaimer ot Federal pre emption is included in order to permit any State agency or court to assert jurisdiction under State law over any occupational safety or health issue with respect to which no Federal standard is in effect under this layv. In addition, anv State mav assume responsibility for the development and enforcement of occupational safety and health standards relating to any |ob safety and health issue covered bv a standard promulgated under Section b ot the Occupational Satetv and Health Act, if such State submits an approved plan for so doing to the Secretary of Labor. The Secretary shall approve such a plan under the following conditions. 1. An agency, or agencies, of the State must be designated or treated to carry out the plan. 2. The State standards und enforce ment thereon must be at least as effective as the counterpart Federal standards m providing sate and healthful employment. 3. There must be effective provisions tor rights of entry and inspection of workplaces, including a prohibition on advance notice of inspections. 4. Enforcement capacity must be demonstrated. 5. Adequate funds for administration and enforcement must be assured. 6. Effective and comprehensive job safety and health programs for all public employees within the State will be established to the extent permitted by the particular State's law. 7. The State, and employers within the State, will make such reports as mav be required by the Secretary of Labor. Following approval ot a State plan for the development and enforcement of State standards, the Secretarv of Labor mav continue to exercise his enforce ment authority with respect to compa rable Federal occupational safetv and health standards until he determines on the basis of actual operations that the criteria set forth above are being ap plied. Once he makes such determina tion ibut he cannot do so during the first 3 vears after the plan's approval), the Federal standards and the Secretary's entorcement of them become inappli cable with respect to issues covered under the plan. However, the Secretarv is required to make a continuing evaluation ot the manner in which each State plan i-. being carried out and to withdraw his approval thereof whenever there is a failure to comply substantially' with any provision thereof. Such a plan shall cease to be in effect upon receipt ot notice by the State of the Secretary 's withdrawal of approval. The Secretarv of Labor is authorized, alter consultation with the Sec retary ot Health, Education, and Welfare, to make grants to States tor experimental and demonstration projects consistent KMX 01699 with the objectives ot the act, tor admin istering and enforcing approved pro grams, tor assisting them in identifying their needs, or in developing their plans, in establishing systems tor collection of information concerning the nature and frequency' ot occupational injuries and diseases, tor developing and administer ing programs dealing with occupational safetv and health statistics, and other wise improving the expertise of person nel or the administration and enforce ment of State occupational safety and health laws consistent yvith the objec tives of the act. If the Secretarv of Labor rejects a State plan for development and enforce ment of State standards, he shall afford the State submitting the plan due notice and opportunity for hearing before so doing. The subsequent withdrawal of an approved State plan or the rejection ot a State's plan is subject to review in the U. S. Courts of Appeals. The law also permits the Secretary of Labor to enter into an agreement yvith anv State under which the State will be permitted to continue to enforce its own occu|jational satetv and health standards until apjrroval of its plan tor develoi^ment and enforcement of occu pational satetv and health standards or until December 24, 1472, whichever comes lirst. EDUCATION AND TRAINING PROGRAMS The act provides for programs to be conducted by the Secretarv of Labor, in consultation yvith the Department of Health, Education, and Welfare, tor the education and training ot employers and em|)loyees in the recognition, avoidance, and prevention ot unsate and unhealthtul working conditions, and in the effective means tor prevent ing occupational injuries and illnesses. The act also makes pro\ ision tor educa tional and training programs to provide an adequate supply of qualified person nel to carry out the law's purposes and for informational programs on the im portance of and proper use or adequate safety and health equipment to be con ducted primarily by the Department of Health. Education, and Welfare, but also to some extent bv the Secretary or Labor. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH The act establishes within HEW a new National Institute forOccupational Safety and Health primarily for the pur pose of carrying out the research and educational functions assigned to the HEW' Secretary under the act. In addition to these junctions, the Institute is authorized to develop and establish recommended occupational safety and health standards: to conduct research and experimental programs determined bv the Institute s direc tor to he necessary tor developing criteria tor new and improv ed job safety and health standards; and to make recommenda tions to the Secretaries ot Labor and HEW concerning new and improved "tandards. Among ihe HEW Junctions which may be carried out b\ the Institute is the one which calls for prescribing reg ulations requiring emplover-. to meas ure, record, and make reports on the exposure of employees to potentially toxic substances or harmful physical agents which might endanger their satetv and health. Employers required to do so mav receive lull financial or other assistance tor the purpose1 ot defraying any additional expense so incurred. .Also authorized are programs lor medical examination1- and tests as may be necessary to determine, tor the purposes of research, the incidence ot occupational illness and the suscepti bility of employees to such illnesses. These examinations mav also he at Government expense. Another HEW' function will be the annual publication of a list of all known toxic substances and the concentrations at which toxicity is known to occur. There will also be published industrywide studies on chronic or low-level exposure to a broad variety of industrial materials, processes, and stresses on the potential for illness, disease, or loss of functional capacity in aging adults, and also au thorized is the making of determinations by HEW, at the written request of any employer or authorized representatives of employees, as to whether any sub stance normally found in the place ot employment has potentially toxic ef fects. Such determinations shall be submitted to both tire employer and the affected employees as soon as possible. Information obtained bv the Depart ments of HEW and of Labor under the research provisions of the act H to be disseminated to emplovers and em ployees and organization-- thereof. WORKMEN'S COMPENSATION The act does not in anv manner attect any workmen's compensation law or enlarge or diminish or atfect in any other manner the common law or statu tory rights, duties, or liabilities ot em ployers and employees under any law with respect to injuries, diseases, or death ot employees arising out of, or in the course of, employment. Provision is made in the law. however, tor a 15member National Commission on State Workmen's Compensation Laws to evaluate State workmen's compensa tion laws in order to determine il such laws provide an adequate, prompt, and KMX 01700 equitable system of compensation for injury or death arising out ot or in the course of employment. ASSISTANCE FROM SMALL BUSINESS ADMINISTRATION The law includes amendments to the Small Business Act which provides for financial assistance to small firms for alterations in its equipment, facilities, or methods of operation to comply with standards established by the Depart ment of Labor or by any State pursuant to the act, if the Small Business Admin istration determines that such a firm is likelv to suffer substantial economic injury without such assistance. OTHER PROVISIONS Advisory Committees. -- The act creates a 1 2-member National Advisory Committee to be appointed by the Secretary of Labor (including 4 desig nees of the Secretary of HEW) to advise, consult, and make recommendations on matters relating to the administration of the act, and permits the establish ment of ad hoc advisory committees to assist the Secretary in his standard setting functions. \onobstruction Requirement. -- Any information obtained by any agency under the act shall be obtained with a minimum burden upon employers, especially those operating small busi nesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximuni extent teasible. Occupational Safety and Health Review Commission. -- The act estab lishes a new independent Federal agency, called the Occupational Safety and Health Review Commission. This KMX 01701 Commission is a quasi-judical body whose functions are: (1) to hear and re view cases of alleged violations brought before it by the Secretary of Labor, and. where warranted, (2) to issue corrective orders, and (3) to assess civil penalties. The Commission is to be composed of three members, appointed by the Presi dent (with the approval of the Senate) to serve 6-year staggered terms. The mem bers will bechosenfrom amongpersons who are qualified by reason of training, education, or experience to perform their duties. One of the members shall be appointed by the President to serve as Chairman. Labor Department Legal Represen tation. -- The Solicitor of Labor is au thorized to appear for and represent the Secretary in any civil litigation brought under the act subject to the direction and control of the Attorney General. Trade Secrets. -- Any trade secrets re vealed to Labor Department personnel during the course of their duties under the act shall be considered confiden tial for the purpose of 18 USC 1 905. National Defense Tolerances. -- The Secretary of Labor may allow reason able variations, tolerances, and exemp tions from any and all of the act's provisions, if he finds these necessary to avoid serious impairment of the na tional defense. Federal Protection for Labor Depart ment Inspectors. -- The act broadens the provisions of Title 18 of the United States Code, which make it a Federal criminal offense to assault, kill, or otherwise interfere with certain law en forcement officials in the course ot their assignments, by extending this protec tion to all employees of the Department of Labor assigned to perform investiga tive, inspection, or law enforcement functions. Annual Reports. -- Comprehensive annual reports on the act must be pre pared and submitted to the President tor transmittal to the Congress bv both the Secretary or Labor and the Secre tary of Health, Education, and Welfare, Reports are also required from the Secretary of Labor on the grants pro gram; from the Director of the National Institute for Occupational Safety and Health on the operations of that Insti tute, and from the Secretary of Labor on occupational safety and health pro grams for Federal employees. Slew Assistant Secretary ot Labor. -- The (jaw adds an additional Assistant Secretary in the Department of Labor to head the new Occupational Safety and Health organization within the Department. Appropriations Authority. -- Congress has authorized such funds to be appro priated to administer and enforce this law as Congress shall from time to time deem necessary. ADDITIONAL INFORMATION Additional information concerning this law mav be obtained by contacting the nearest Regional Office, Occupa tional Safetv and Health Administration, U. S. Department of Labor, with appro priate jurisdiction, or you mav contact the Office of Information Services, Occupational Safety and Health Ad ministration, U.S. Department of Labor, Washington, D. C. 20210. i C.PO 11JT2 O - 4^-045 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION Regional Offices Region, City, States I. Boston --Connecticut, Maine. Massachusetts, New Hampshire, Rhode Island, Vermont. II. New York City -- New'vork, New Jersey, Puerto Rico, Virgin Islands. III. Philadelphia --Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. IV. Atlanta --Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee. V. Chicago --Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. VI. Dallas--Arkansas, Louisiana, New Mexico, Oklahoma, Texas. VII. Kansas City --Iowa, Kansas, Missouri, Nebraska. VIII. Denver --Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. IX. San Francisco --Arizona, California, Hawaii, Nevada. X. Seattle --Alaska, Idaho, Oregon, Washington. For sale by the Superintendent of Documents. U.S. Government Printing Office, Washington. O.C. 20402 Price 20 cents. Stock Number 2915-0001. KMX 01702