Masonry Magazine December 1998 Page. 9
Unraveling the Mystery of OSHA
by Joe O'Connor
As you read your certified letter from the US Department of Labor, Occupational Safety and Health Administration (OSHA), you search for answers to the mystery of a process which led to such a predicament. Why was I cited $1500 for failure to implement controls for silica exposure? Why did OSHA pick me? What gives them the RIGHT? WHY IS THERE EVEN AN OSHA?
OSHA was established by an act of Congress. Occupational deaths amounting to 14,000 per year, 2 1/2 million disabled workers, an estimated 300,000 occupational diseases, and 10 times as many lost work days associated with job-related disabilities than with labor strikes provided the justification for the "Occupational Safety and Health Act of 1970." It established the foundation for safety and health research, assistance, and education as well as standards and their enforcement. The National Institute for Occupational Safety and Health (NIOSH), the OSHA Consultation Offices, and OSHA Training Institute (OTI) were products of the Act. NIOSH performs the research needed to identify problems. Consultation offices in each state offer guidance through site inspections void of penalties and training at no cost to employers. The OTI, based in Des Plaines, IL, develops training programs for the agency, employers and employees. Outreach programs, grants and OSHA funding for establishment of satellite OTI sites at private institutions are extensions of OSHA's effort to remove the mystery of safety and health compliance.
Standards, Rights, and Responsibilities
Unfortunately, with citation in hand the efforts of Congress and OSHA to ensure workplace safety and health using positive means provide little consolation. Answers are needed as to the rights and responsibilities associated with enforcement. The most significant of these comes from Section 5 of the Act entitled Duties: "Each employer - (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;..." It is often referred to as the "General Duty Clause". It emphasizes the intent of the Act and, in the absence of any other law or a standard, will be used by OSHA to hold employers responsible for an unsafe condition.