- The Occupational Safety and Health Administration (OSHA) was established on December 29, 1970, when President Richard Nixon signed the Williams-Steiger Occupational Safety and Health Act, commonly known as the OSH Act.
- The creation of OSHA was necessitated by increasing workplace accidents and lack of comprehensive safety regulations after World War II.
- This law provided the federal government with the authority to set and enforce workplace safety and health standards.
- Unions and worker safety groups pressured Congress to create a federal level of workplace safety protection, resulting in the OSH Act.
- The establishment of OSHA led to several regulations and obligations that employers need to follow to ensure worker safety.
The Emergence of a Need: Workplace Conditions in Post-War America
The conclusion of World War II saw thousands of GIs returning to their jobs across the United States. These workplaces, unfortunately, were devoid of federal safety regulations, and state-level regulations were limited. The onus of maintaining safety standards fell largely on the employers, resulting in a steady decline in workplace safety and an alarming increase in accidents and injuries.
However, by the 1930s, Congress had begun to recognize the need for reform. Legislation was signed that provided trade unions with the enforceable right to collectively bargain for improved wages and working conditions. As these powerful unions emerged after World War II, they could bargain for better safety conditions for their workers.
The Tipping Point: Rising Injury Rates and a Cry for Reform
Despite the unions’ interventions, the economic expansion of the 1960s led to a resurgence of workplace injuries. This concerning trend fueled growing demands from unions and worker safety groups for federal legislation ensuring workplace safety protection. Their efforts culminated in the passage of the Occupational Safety and Health Act (OSH Act) in 1970 by Congress, paving the way for a more significant reform: the creation of OSHA.
The Journey to Creation: A Bipartisan Compromise
Although President Johnson advocated for federal workplace safety regulations during his tenure, it was under President Nixon’s administration that substantial steps towards reform were made. In 1969, Nixon introduced two bills into Congress, advocating for an advisory role rather than a mandatory one for a new safety and health administration.
These bills faced opposition in Congress, leading to a compromise. The compromise bill offered both parties something they wanted. Republicans got an independent research and standard-setting board, now known as the National Institute for Occupational Safety and Health (NIOSH). Democrats were granted the “general duty” clause. This clause imposed a general obligation on employers to protect worker safety, in addition to adhering to specific standards set in the OSHA regulations. This compromise led to the passage of the OSH Act.
OSHA is Born: A New Era of Worker Safety
With the ink drying on the OSH Act on December 29, 1970, the stage was set for a new agency dedicated to enforcing the law. The Occupational Safety and Health Administration (OSHA) was officially created in 1971 under the Department of Labor’s jurisdiction.
OSHA’s enforcement mechanisms include workplace inspections, penalty assessments, corrective actions, and education. This agency ensures that employers adhere to a series of requirements outlined in the OSH Act.
The OSH Act: Employer Obligations and Responsibilities
Under the OSH Act, employers are bound to adhere to several safety and health standards. These standards include identifying and correcting safety and health hazards, informing employees about chemical hazards through various methods, notifying OSHA within a specific timeframe in case of workplace fatalities or serious injuries, and providing personal protective equipment to workers free of charge.
Employers are also obligated to maintain accurate records of work-related injuries and illnesses. They must display OSHA citations, injury and illness data, and the OSHA “Job Safety and Health – It’s the Law” poster in the workplace. Furthermore, employers are prohibited from retaliating against workers for exercising their rights under the OSH Act.
The creation of OSHA marked a critical milestone in the history of labor rights and worker safety in the United States. Over the years, OSHA has continued to evolve and adapt to the changing landscape of the American workplace, further solidifying its role as a beacon of worker safety. As we reflect on when OSHA was created and the circumstances that led to its inception, we gain a greater appreciation for the importance of this agency and the regulations it enforces. It serves as a vivid reminder of the importance of maintaining and promoting safe, healthy working conditions for all workers.