Occupational Safety & Labor
- The Occupational Safety and Health Administration (OSHA) operates throughout the United States to help systematically ensure worker safety. According to the regulations set by OSHA, each employer must furnish a place of employment that is “free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees.” Employers and employees alike must also comply with all safety and health standards and regulations. Beyond these basics, OSHA regulations are extremely detailed by industry and activity. For example, regulations exist for construction, shipyard work, longshoring, and driving. Regulations also cover the use of ladders, hazardous materials, ventilation, noise-cancelling equipment, manlifts, and various other equipment.
- An OSHA inspector, upon providing appropriate credentials, can inspect any facility or work environment to perform an inspection during work hours or at another reasonable time. In addition to inspecting operational areas, the inspector can privately question any employee, manager or owner for additional information. In the event of a court case, any of these workers may be called to testify in court under oath; refusal to do so can result in a contempt of court charge.
In addition to allowing spot inspections, employers must maintain safety related records as determined by their industry and also must display signage regarding OSHA regulations and complaint proceedings. In addition to routine inspections, employees concerned about working conditions can write to OSHA and request a special inspection. - If an issue is uncovered during inspection, a company will receive a citation detailing the issue and the required time within which it most be corrected. Failure to correct such issues will result in a fine and potential legal action. Depending on the issue and its impact on safety, a fine may be assessed at the same time as the issue is uncovered.
Per OSHA, the fine for “willfully or repeated violation” of regulations is a minimum of $5,000 per issue and a maximum of $70,000. Not correcting an issue noted in a citation within the required time period can lead to a fine of up to $7,000 per day beyond the deadline. Penalties can also be assessed on any individual who gives advanced notice of an inspection without authority or any individual who knowingly makes false statements. - To help ensure workplace safety and to prevent serious injuries and fatalities, OSHA and its standards and regulations were created. Under OSHA regulations, workers have a number of rights. Workers have the right to a safe and healthful workplace. Workers have the right to plain-language training regarding relevant hazards, methods to prevent harm and standards that apply to their industry. Workers can observe testing and review the final results. They can also review records of work-related injuries and get copies of their personal medical records. They can request an OSHA inspection. An employer can not retaliate or discriminate against an employee for using his rights.
- The Bureau of Labor Statistics provides information on workplace illness, injuries and fatalities. Such information is available for the workplace as a whole and also for particularly dangerous industries. In 2008, the last year for which data is available, 3,696,100 nonfatal injuries and illnesses were recorded in the workplace overall. Of those, 416,620 involved sprains, strains and tears and another 222,290 involved back injuries. In 2008, 5,214 fatal injuries occurred. Of those, 1,044 are classified as highway incidents, 658 as falls and 453 as homicides.
Such data provides us as a society with a sense of whether or not we’re becoming safer. The good news is that safety has improved. For example, the 5,214 fatalities in 2008 compares favorably to 5,657 in 2007, 5,840 in 2006, and 5,734 in 2005.
