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Occupational Safety and Health Act 1994 -

Act 514
Introduction

OCCUPATIONAL SAFETY AND HEALTH ACT 1994 (ACT 514) is an act


made to provide security, health and welfare of people at work. The act
protects others against possible risks to safety or health due to activities of
a person’s job.
This paper will briefly look into different aspects of ACT 514.

Rationale for the OSHA Act.


In 1970 OSA Act was passed by the congress with the main
purpose stated as to, to ensure (as much as possible) the safety
and health of the working men and women in the nation, there by
preserving human resources. The act outlines to ensure safe and
risk free working environment to protect the working force of the
nation. Some other objectives of the act is
 To protect other persons in the work area that are not
working from risks to safety or health due to activities at
work
 To promote an ideal occupational environment for the
people at work that is adapted to their physiological and
psychological needs.
 To provide means so that the legislation can be
progressively improved to ensure the standards of safety
and health improves
OSHA’s mission and purpose
 Encourage to reduce hazards in the workplace
 Carryout ever improving safety and health programs
 Work to improve existing safety and health programs
 Encourage research to produce innovative ways dealing with
safety and health problems in the workplace
 Establish the rights of both Employers and Employees in
regards to improving the safety and health of the workplace
 Monitoring job related injuries and illnesses with a thorough
system of reporting and record keeping
 Establish mandatory workplace safety and health standards
and enforce them
 Provide for the development and approval of the state level
workplace safety and health programs
 Monitor, analyze and evaluate said safety and health
programs

List those who are exempted by coverage by OSHA.

• Organizations with 10 or fewer employees.


• Self-employed persons
• Family farms that are only employing immediate family members
• Federal agencies covered by other federal institutes
• State and local governments
• Coal mines
OSHA’s latest record keeping requirements.

 All injuries and illnesses must be recorded for every location they do
business in by employers
 Special OSHA forms must be used to maintain record on an annual basis
 Electronic copies can replace paper copies
 Records must be kept locally for a minimum of 3 years and must be
available for inspection at any time
 OSHA for 300 – used to record information regarding work related death,
injury or illness the caused unconsciousness, restriction of work activity,
transfer of jobs, medical treatment beyond first aid and days away from
work.
 OSHA Form 300A – for summary of all injuries and illnesses that appear in
Form 300.
 OSHA Form 301 - must be completed within 7 calendar days of every
incidence of a recordable injury or illness.

OSHA’s reporting requirements

All occupational injuries and illnesses must be reported if they result in:
1. Death of one or more workers
2. One or more days away from work
3. Restricted motion or restrictions to the work that an employee
can do
4. Loss of consciousness of one or more workers
5. Transfer of an employee to another job
6. Medical treatment beyond in-house first aid
7. Any other condition listed in appendix B of the rule.

Steps employers are required to do to keep employees informed.

• Employers are required to keep employees informed about safety


and health issues that they are at risk of
• Employers are required to post the following where employee
information is normally displayed:
1. OSHA poster 2203 which explains employee rights and
responsibilities as mentioned in the OSH Act.
2. Summaries of various requests
3. Copies of OSHA citations received due to a violation. They
must stay at the site of violation until it is corrected or for a
minimum of three days
4. OSHA form 300 A must be posted by February 1st and
remain until April 30th
• If requested, employers should provide copies of OSH Act
including any other rules that may apply to them. Employees must
also be given access to records of exposure to hazards and
medical surveillance that had been conducted.

Types of OSHA citations.


• Other than serious violation:
A violation that was connected to job safety and health but would
not cause death or serious harm. Penalty of $7000 per violation
which maybe be lowered by 95%
• Serious violation:
Violation with high probability of death or serious physical injury
which the employer knew or should have known about.
(mandatory penalty of each, maybe adjusted downward)
• Willful violation:
Violation that the employer knowingly and intentionally commits.
Minimum penalty of $5000 per violation which might be adjusted
depending on size and history of the business.

Some employer responsibilities.


• Provide hazard free workplace
• Keep employees aware and informed of OSHA
• Ensure employees have safe tools and equipment’s
• Report to the nearest OSHA office within 48 hours of any fatal accident or
one that required the hospitalization of 5 employees or more
• Continually exam workplace conditions to ensure they conform to
standards

Some legal words related to workplace safety

• Negligence: failure to take care or perform duties that prevent


harm to humans or damage to property.
• Liability: is a duty to compensate as a result of being held
responsible for an act or omission.
• Ability to Pay (deep pockets): Allow court to access damages
against the defendant or defendants who have the ability to pay.
• Tort: failure to exercise reasonable care that may as a result lead
to civil litigation.

Conclusion

OSHA enforces employers to provide a safe, hazard free work place to employees.
It protects the needs of Employees and employees by outlining safety guidelines
and procedure that are meant to be continually improved and reviewed.

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