Occupational Safety and Health Act (OSH Act)

Definition and purpose

The Occupational Safety and Health Act (OSH Act) of 1970 is U.S. federal legislation that requires employers to provide safe and healthful workplaces. It was enacted to reduce workplace injuries, illnesses, and deaths by establishing national standards, research, education, and enforcement mechanisms.

Key components

• Establishes the Occupational Safety and Health Administration (OSHA) to set and enforce workplace safety standards.
• Establishes the National Institute for Occupational Safety and Health (NIOSH) to conduct research and recommend preventive measures.
• Authorizes federal and state-level programs for workplace safety, training, and outreach.

Who the law covers

• Most private-sector employers and their employees nationwide.
• Some public-sector employers and workers in states and territories under federal authority.
• Exclusions include self-employed individuals, workers on small family farms, and jobs regulated by other federal agencies.

Employer responsibilities

The OSH Act includes a broad “general duty” requirement (Section 5(a)(1)) that applies to all employers: provide a workplace free from recognized hazards likely to cause death or serious physical harm. Employers must also comply with specific OSHA standards and regulations applicable to their operations.

Employees are required to follow applicable safety rules and cooperate with workplace safety programs.

Enforcement and inspections

• OSHA enforces standards through workplace inspections and investigations.
• Violations can result in citations and monetary penalties; severity and employer size affect penalty amounts.
• Penalties are adjusted annually for inflation.

Example 2024 penalty ranges (adjusted annually):
– Nonserious/other-than-serious violations: up to approximately $1,190 per violation.
– Serious violations: up to approximately $16,131 per violation.
– Willful or repeated violations: up to approximately $161,323 per violation.
– Small employers may receive reductions (e.g., employers with 10 or fewer employees may qualify for up to an 80% reduction; those with 21–30 employees may qualify for about a 50% reduction).

State plans

Some states operate OSHA-approved state plans that administer and enforce job safety standards. State plans must be at least as effective as federal OSHA standards.

Research, training, and prevention

NIOSH conducts research on occupational hazards and develops recommendations for preventing work-related illnesses and injuries. The OSH Act supports research, education, and training to improve workplace safety nationwide.

Notable actions

OSHA has authority to issue emergency temporary standards when necessary to protect workers (for example, actions addressing infectious disease threats). Specific requirements and their applicability can change over time.

Key takeaways

• The OSH Act created a national framework to protect worker safety through OSHA (enforcement) and NIOSH (research).
• Employers must provide workplaces free from recognized hazards and follow applicable OSHA standards.
• OSHA enforces compliance through inspections, citations, and fines; penalties vary by severity and employer size.
• States may run OSHA-approved plans that must meet or exceed federal protections.