Occupational Safety and Health Act (OSH Act)

Occupational Safety and Health Act (OSH Act) (1970)

1) Link to the Text of the Act
Read the statute (29 U.S.C. § 651 et seq.)

2) Why It Was Done
Enacted to ensure safe and healthful working conditions for employees by authorizing standards, enforcement, and education programs through the Occupational Safety and Health Administration (OSHA).

3) Pre-existing Law or Constitutional Rights
Before 1970, workplace safety laws were minimal and mostly state-based. Rising workplace injuries and fatalities pushed Congress to establish a uniform federal standard.

4) Overreach or Proper Role?
Supporters see it as vital protection for workers. Critics, especially in industry, argue OSHA regulations can be overly burdensome and inflexible. Legal challenges frequently test the scope of OSHA’s authority.

5) Who or What It Controls

Private sector employers and their employees
Federal agencies (covered by OSHA programs)
States (may run their own OSHA-approved plans)

6) Key Sections / Citations

29 U.S.C. § 654 (duties of employers and employees)
29 U.S.C. § 655 (standards)
29 U.S.C. § 657 (inspections, investigations, recordkeeping)
29 U.S.C. § 666 (penalties)

7) Recent Changes or Live Controversies

COVID-19 workplace safety rules (ETS) triggered major litigation and Supreme Court review in 2022
Ongoing debates about OSHA’s authority to regulate emerging risks (heat stress, ergonomics, infectious disease)
Some states run stronger or weaker programs, creating varied protections

8) Official Sources