OSHA Act: Employer Duties, Inspections, and Enforcement
What the Act requires
The OSH Act of 1970 gives OSHA authority to set and enforce workplace standards. Section 5(a)(1), the General Duty Clause, requires each employer to furnish a workplace free from recognized hazards likely to cause death or serious physical harm. Section 5(a)(2) requires compliance with specific OSHA standards, and Section 5(b) requires employees to follow rules and orders. The Act covers private-sector employers; state-plan states must be at least as effective as federal OSHA.
Enforcement basics
OSHA inspection priorities are imminent danger, fatality/catastrophe, valid employee complaint or referral, programmed inspections, and follow-up. Citations are classified as willful, serious, repeat, other-than-serious, or failure to abate. An employer may contest a citation, penalty, or abatement date within 15 working days; employees may contest the abatement period.
Worked example
An inspector finds an unguarded floor hole beside a walkway. A specific standard, 1926.501(b)(4), addresses holes, so the citation should rest on Section 5(a)(2) and that standard-not the General Duty Clause. If no specific standard covered the hazard, 5(a)(1) could apply if the hazard was recognized and likely to cause death or serious harm.
Traps
Do not use the General Duty Clause when a specific standard applies. “Recognized” can mean industry recognition, not only the employer’s actual knowledge. The contest deadline is 15 working days, not 30 days. Employee misconduct is not an automatic defense; the employer must show an effective program.