Maintaining A Healthy Workforce
The Occupational Safety and Health Administration (OSHA) was formed under the Occupational Safety and Health Act of 1970. Congress passed this Act to form a Federal Occupational Health agency “to assure so far as possible every healthful working condition and to preserve our human resources.” Up to this time, no Federal Occupational Health laws or regulatory agencies existed. The passing of the OSH Act of 1970 and eventual activation of OSHA in 1971 brought about significant change in employer responsibilities. For the first time, employers were legally mandated to ensure a safe and healthy workplace.
The general duty clause of 29 USC 6541 states that 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
The general duty clause is a bit open-ended and a far cry from the specific programmatic requirements normally associated with OSHA. OSHA’s compliance group has been making increased use of the general duty clause to cite organizations and win various court proceedings. As such, the general duty clause should be a primary consideration when creating a comprehensive occupational health and safety program to comply with Federal Occupational Health requirements.
1. OSH Act, Section 5 Duties, 29 USC 654, https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=3359&p_table=oshact