Occupational Safety and Health Act (OSHA)

Overview

Primary Enforcer: Occupational Safety and Health Administration (OSHA), US Department of Labor
Legislation: 29 USC Chapter 15 (OSH Act of 1970)
Signed: December 29, 1970
Effective: April 28, 1971

Key Purposes

1. Safe Workplaces: Ensure employers provide safe and healthful working conditions


2. Set Standards: Authorize enforcement of workplace safety and health standards


3. Research: Provide for research, information, education, and training in occupational safety and health


4. State Assistance: Assist and encourage states in their efforts to ensure safe working conditions

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General Duty Clause - Section 5(a)(1)

Statutory Text (29 USC Sec. 654(a)(1)):
"Each employer 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."

Application:

• Used where no specific OSHA standard applies


• Requires elimination of recognized serious hazards

Four Elements for Violation:

1. Hazard in workplace


2. Hazard was recognized (by employer or industry)


3. Hazard causing/likely to cause death or serious harm


4. Feasible means existed to eliminate/reduce hazard

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Key Requirements

Recordkeeping (29 CFR Part 1904)

Who Must Keep Records:

• Employers with 11+ employees (with limited exceptions)


• All employers must report severe injuries regardless of size

Required Forms:

• Form 300: Log of Work-Related Injuries and Illnesses (entry within 7 days, retain 5 years)


• Form 300A: Annual Summary (complete by February 1, post February 1 - April 30)


• Form 301: Incident Report (complete within 7 days, retain 5 years)

Electronic Submission:

• 100+ employees in designated high-hazard industries: Submit Forms 300 and 301 annually


• 250+ employees in covered industries: Submit electronically

Severe Injury Reporting (29 CFR Sec. 1904.39)

All Employers Must Report:

• Fatalities: Within 8 hours (if within 30 days of work-related incident)


• Hospitalizations: Within 24 hours (if within 24 hours of incident)


• Amputations: Within 24 hours (if within 24 hours of incident)


• Eye Loss: Within 24 hours (if within 24 hours of incident)

How to Report:

• Call 1-800-321-OSHA (1-800-321-6742)


• Call nearest OSHA Area Office


• Online form at www.osha.gov

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Industry-Specific Standards

General Industry (29 CFR Part 1910)

Key Standards:

• 1910.134 - Respiratory Protection (#5 most cited 2024)


• 1910.147 - Lockout/Tagout (#3 most cited 2024)


• 1910.178 - Powered Industrial Trucks (#6 most cited 2024)


• 1910.1200 - Hazard Communication (#2 most cited 2024)


• 1910.1030 - Bloodborne Pathogens (healthcare, labs)


• 1910.1450 - Laboratory Standard (Chemical Hygiene Plan for labs)


• 1910.212 - Machine Guarding (#10 most cited 2024)

Construction (29 CFR Part 1926)

Key Standards:

• 1926.501 - Fall Protection (#1 most cited 2024)


• 1926.503 - Fall Protection Training (#7 most cited 2024)


• 1926.1053 - Ladders (#4 most cited 2024)


• 1926.451 - Scaffolding (#8 most cited 2024)


• 1926.102 - Eye and Face Protection (#9 most cited 2024)

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Enforcement and Penalties

Violation Types

Other-Than-Serious: Up to $16,550 per violation (2025)
Serious: Up to $16,550 per violation (2025)
Willful: $11,823 minimum to $165,514 maximum per violation (2025)
Repeat: Up to $165,514 per violation (2025)
Failure to Abate: Up to $16,550 per day (2025)

Criminal Penalties (29 USC Sec. 666)

Willful Violation Causing Death:

• First conviction: Up to $10,000 or 6 months imprisonment, or both


• Subsequent conviction: Up to $20,000 or 1 year imprisonment, or both

False Statements: Up to $10,000 or 6 months imprisonment, or both

Unauthorized Advance Notice: Up to $1,000 or 6 months imprisonment, or both

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Top 10 Most Cited Standards FY 2024

1. Fall Protection (Construction) - 29 CFR 1926.501


2. Hazard Communication - 29 CFR 1910.1200


3. Lockout/Tagout - 29 CFR 1910.147


4. Ladders - 29 CFR 1926.1053


5. Respiratory Protection - 29 CFR 1910.134


6. Powered Industrial Trucks - 29 CFR 1910.178


7. Fall Protection Training - 29 CFR 1926.503


8. Scaffolding - 29 CFR 1926.451


9. Eye and Face Protection - 29 CFR 1926.102


10. Machine Guarding - 29 CFR 1910.212

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Employee Rights

Employees Have Right To:

1. Work in safe workplace free from recognized hazards


2. Receive training in language they understand


3. Access OSHA standards, OSHA 300 logs, exposure/medical records


4. File confidential complaints with OSHA


5. Participate in OSHA inspections


6. Refuse unsafe work (good faith belief of imminent danger)


7. Report work-related injuries without retaliation

Whistleblower Protection (Section 11(c))

Protected Activities:

• Filing safety/health complaint with OSHA


• Raising health/safety concerns with employer or OSHA


• Participating in OSHA inspection


• Reporting work-related injury/illness


• Refusing unsafe work

Filing Complaint:

• Must file within 30 days of adverse action


• File with OSHA verbally or in writing

Remedies:

• Reinstatement


• Back pay


• Compensatory damages


• Attorney's fees

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Massachusetts Jurisdiction

Federal OSHA Enforces For:

• ALL private sector employers in Massachusetts


• Federal government employees

Massachusetts WSHP Enforces For (Public Sector Only):

• State government employees


• County/municipal employees


• Public schools, colleges, universities


• Quasi-government agencies

State Plan Approval:

• Initial approval August 2022 for public sector only


• One of seven public-sector-only State Plans

Penalties for Public Sector:

• Up to $1,000 per violation (MGL Ch. 149)


• Corrective action order for first offense


• Fine only if not corrected within timeframe

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Official Sources

• 29 USC Chapter 15: https://www.govinfo.gov/content/pkg/USCODE-2021-title29/html/USCODE-2021-title29-chap15.htm


• 29 CFR Parts 1900-1990: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII


• OSHA Act Complete: https://www.osha.gov/laws-regs/oshact/completeoshact


• Recordkeeping: https://www.osha.gov/recordkeeping


• Penalties: https://www.osha.gov/penalties


• Top 10 Cited: https://www.osha.gov/top10citedstandards


• Worker Rights: https://www.osha.gov/workers


• MA State Plan: https://www.osha.gov/stateplans/ma


• MA WSHP: https://www.mass.gov/workplace-safety-and-health-program-wshp


• MA TURA: https://www.mass.gov/toxics-use-reduction-act-tura-program