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.

Workplace Safety Under the OSH Act: A Comprehensive Guide

Labor and Employment > Workplace Safety | Published 8 October 2023 - Updated 3 June 2026 | UpLaw - uplaw.us

In brief. Three things decide almost every OSHA matter. Did a standard apply, and did the employer comply with it? Did the employer know, or should it have known? What did the employer write down before the inspector arrived? The third question decides the first two more often than anyone expects.

Keywords: § 5(a)(1), § 5(a)(2), feasibility, HazCom, LOTO, fall protection, § 1910.134, Part 1904, § 1904.39, Barlow's, classifications, notice of contest, OSHRC, UEM, multi-employer, state plans, § 11(c)

The full text of this document is available to Executive subscribers and above. See plans.