The Occupational Safety and Health Act (OSH Act), was established in 1970 to ensure that American employees were provided with a safe work environment. In 1971, the federal agency, Occupational Safety and Health Administration (OSHA) was created to enforce the OSH Act and they are charged with the tasks of making sure that businesses provide a safe workplace that is free from recognized hazards, promoting safety and health, and preventing and/or reducing the occurrence of on the job illnesses, injuries, and deaths. OSHA has a number of programs in place to accomplish these goals.
OSHA Programs
OSHA operates a number of different programs to ensure worker safety. These include:
Compliance and Training-All employers are required to comply with the regulations that are applicable to the type of business they are operating. Each company is required to post an OSHA poster that provides workers with information about their rights regarding safety and health at work.
OSHA also operates regional compliance offices staffed by OSHA specialists who can answer questions about which aspects of the law apply to them, what they can do to comply, and provide OSHA sponsored training opportunities.
Workplace Inspections-OSHA inspections of the workplace occur using a hierarchy priority system. This is as follows:
- Imminent Danger – Situations where injuries or accidents may happen in the near future are given top priority.
- Fatalities and hospitalization of multiple workers – These inspections occur when a worker is killed, or at least three workers are hospitalized.
- Employee complaints – When employees make complaints, OSHA takes them seriously. An employer cannot legally retaliate against an employee that has filed a complaint with OSHA.
- Agency Referrals – If one agency working with another notices OSH Act violations, they can file a report with OSHA and OSHA will investigate.
- Targeted Inspections – These inspections are for specific industries that have high rates of on-the-job injuries, accidents, and illnesses according to OSHA standards.
- Follow Up – Following a visit that resulted in citations, OSHA will conduct at least one follow up visit to ensure that corrections were made.
Enforcement-Companies that are found to be in violation of OSHA criteria are subject to fines, some of which can be significant, based on the severity of the violations. Minor violations are often not cited as long as they are corrected immediately. The dollar amount of a fine increases with the potential danger that is posed by the violation. Failure of a business to correct a violation also leads to higher fines.
OSHA also operates an Enhanced Enforcement Program (EEP), which targets companies that are guilty of continuously placing their workers at risk for injuries, accidents, or illnesses due to serious, willful, and repeat OSHA violations. Businesses that are at EEP levels of violation are subject to more frequent inspections and follow-ups, as well as steeper fines.
OSHA is important because of its mission to save lives, prevent injuries, and protect the health of American workers. However, even with the important regulations that OSHA has in place, accidents can still occur.
If you have been injured in an accident, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
If you or a loved one has suffered injuries due to negligence on the job site or a defective product, an experienced personal injury lawyer can review your claim and determine if there were unsafe working conditions, potential OSHA violations, and other hazards that may have existed at the time of your accident. They will also determine who may be liable for your injuries and damages and what compensation you may be entitled to.
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