Introduction to OSHA and the OSH Act
The statute and who it covers
The Occupational Safety and Health Act was signed in December 1970 and took effect on April 28, 1971. OSHA sits within the Department of Labor. The Act reaches private-sector employers in general industry (29 CFR 1910), construction (1926), maritime (1915–1918), and agriculture. Federal agencies are covered by a separate section of the Act; state and local government employees are covered only where an approved State Plan exists, and every State Plan must be at least as effective as federal OSHA. Self-employed persons and immediate-family-only farms are outside coverage.
Two clauses candidates must separate
Section 5(a)(2) requires employers to comply with specific published standards. Section 5(a)(1), the General Duty Clause, requires a workplace free of recognized hazards that are causing or likely to cause death or serious physical harm, where a feasible means of abatement exists. The trap: the General Duty Clause is used only when no specific standard applies, and the hazard must be recognized - by the employer, the industry, or common sense.
Rights, inspections, and citations
Employees may file complaints, participate in walkarounds, and view exposure and medical records. Section 11(c) protects against retaliation for raising safety concerns. Inspections are prioritized: imminent danger, fatality/catastrophe, employee complaints and referrals, programmed inspections, then follow-ups. A warrant may be required (Marshall v. Barlow). Citations generally must issue within six months of the violation.
Worked rule of thumb
Contest window: 15 working days from receipt of the citation to file a Notice of Contest with the OSHA Review Commission - working days, not calendar days. If a question offers "30 days," that is usually a distractor (30 days is the window for filing a retaliation complaint in many contexts).