Guide · Labor and Employment
Workplace Safety Under the OSH Act: A Comprehensive Guide
29 U.S.C. §§ 651
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-10-08
- Topic
- Labor and Employment
A complete practitioner's treatment of federal workplace safety law for employers, safety professionals, employment counsel, and plaintiff-side lawyers who need to understand what OSHA actually does. Parts I through IV cover the Act's architecture and coverage, the two employer duties, how standards are made and the feasibility requirement that constrains them, and the specific standards that generate the overwhelming majority of citations — hazard communication, lockout/tagout, fall protection, respiratory protection, personal protective equipment, and machine guarding. Parts V and VI cover the recordkeeping system built on the 300 log, the 300A summary, and the 301 incident report, the expanded electronic submission obligations, and the short, unforgiving deadlines for reporting fatalities, hospitalizations, amputations, and eye loss. Parts VII through X cover inspections from the warrant question through the opening conference, walkaround, and closing conference; the citation classifications and how penalties are computed; the informal conference and the fifteen-working-day notice of contest; and litigation before the Occupational Safety and Health Review Commission and its administrative law judges. Parts XI through XIV cover the affirmative defenses, the multi-employer worksite doctrine and contingent workforces, state plans and preemption, and the retaliation, criminal, and civil consequences that follow a serious incident. Part XV is a verification list.
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