Purpose

• The OSH Act provides a means by which to enforce various standards created from and via research, education and training to provide safe working conditions. Prior to passing the OSH Act, Congress determined that injuries and illnesses caused by working conditions harmed interstate commerce because of loss of production and wages, along with medical and disability payment expenses. According to Sec. 2 of the OSH Act, Congress relied on its power to regulate commerce for its authority to pass the OSH Act.
  
  

Duties

• Per Sec. 4 of the OSH Act, the standards enacted apply to all workplaces in the District of Columbia and in each of the states in the U.S., as well as in the country's commonwealths and territories. Sec. 5 requires employers to follow the standards dictated by the OSH Act and to provide employees with workplaces not likely to cause death, physical harm or injury. It obligates employees to adhere to OSH Act standards, as well as any regulations passed under it.
  
  

Standards Creation

• According to Sec. 6 of the OSH Act, the Secretary of OSHA can formulate standards based on submitted information. The proposed standard must then be published in the Federal Register and provide interested parties time to submit objections or comments. The standard is issued 60 days after the close of the submission period or after a hearing held under the OSH Act, if applicable. The OSH Act includes a procedure for employers to request a variance of an OSHA standard. It also mandates that employers warn employees of hazards they may encounter at work, including through labels or other notices.
  
  

Enforcement

• To enforce OSH Act standards, OSHA agents are allowed to inspect workplaces and investigate reports of violations. The agents can also solicit witness testimony and evidence under oath. Employees who believe their employer may be violating an OSH Act standard or who find a dangerous condition at work can request an OSHA inspections. If during its investigation OSHA finds the employer did violate an OSH Act standard, it will issue a citation and provide the employer with time to rectify the violation. It also requires the employer to post a notice of the violation where the violation occurred. Employers can appeal citations to the applicable Court of Appeals.
  
  

Penalties

• OSHA may impose fines up to $7,000 on employers violating OSH Act standards. If an employer fails to correct a violation, it may be fined up to $7,000 each day the violation remains uncorrected. Employers whose violations are found to have caused an employee's death can face imprisonment, in addition to fines up to $10,000.