California Occupational Safety and Health Act That Employees Should Know

The Occupational Safety and Health Act is a law enacted by the federal government in order to regulate and govern the occupational health and safety issues in the private sector and federal government in the United States. Signed by President Richard Nixon and enacted by Congress in 1970, the principal objective of this law is to make sure the employers in the country provide a hazard free work environment to the employees that are free from recognized hazards including excessive heat or cold, unsanitary conditions, exposure to toxic chemicals or excessive noise levels. While passing this act, Congress declared that its intent behind this law was "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources."

Also popularly known as Cal/OSHA Occupational Safety and Health Administration (OSHA), the Division of Occupational Safety and Health is established by the federal government in order to implement the said law to safeguard workers and the public at large from safety hazards. The tools used by this organization to realize the said objective include ensuring that the firms across the U.S. are in compliance with the Occupational Safety and Health law in addition to implementing some inspection programs to monitor the safety standards of elevators, amusement rides, aerial tramways, ski lifts and pressure vessels. OSHA has the authority to set as well as enforce workplace health and safety standards. The department also provides consultative assistance to employers as per request.

The Act also instituted the independent Occupational Safety and Health Review Commission to supervise enforcement priorities, actions and cases. One another organization that was established in order to further the objectives of the law is the National Institute of Occupational Safety and Health (NIOSH), an independent research institute in the then-Centers for Disease Control.

The Act defines an employer as any "person engaged in a business affecting commerce who has employees, but does not include the United States or any state or political subdivision of a State." The Act covers the comprehensive range of employers in all sectors including manufacturers, construction companies, law firms, hospitals, charities, labor unions and private schools.

Section 5 of the Occupational Safety and Health Act features the general duty clause that directs the employers to maintain the conditions and practices necessary to protect workers on their job; act in compliance with the standards meant for their organization; and ensure the employees use the appropriate protective equipments while at work.

Section 8 of the Act pronounces reporting needs. If there is a fatal work-related incident in the workplace or if three or more employees are hospitalized due to a work-related incident, the employers must report the same to OSHA within eight hours. As per the law, OSHA inspectors are authorised to enter, inspect and investigate safety issues during regular working hours of the organization. The employers must take all measures to educate their employees regarding the work-related hazards. The Act also requires the employers to keep a record of non-consumer chemical products used in the workplace, and posting and supplying the material safety sheets to the employees. The Act permits the states to implement their own occupational safety and health plans in a way they do not overtake or clash with the federal laws.

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