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Introduction to OSHA

OSHA is the division within the Department of Labor that is charged with overseeing the OSH Act. It was created to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.” OSHA has broad authority to investigate complaints and impose citations and penalties on employers who violate the OSH Act. OSHA is responsible for setting federal safety and health standards and promulgating those standards to employers. OSHA is also the responsible agency of the federal government for occupational safety and health inspections. Inspectors must identify themselves and tell the employer the reason for the inspection upon arrival at the worksite. The employer can decide not to allow the inspection without an inspection warrant (a court order establishing OSHA’s probable cause for the inspection), but this is generally not a very good idea on a number of levels. In general, it makes more sense to allow the inspection to go on, in accordance with OSHA rules. Employee rights during inspections include the right to refuse to be interviewed, or if an employee agrees to an interview, they can request that an employer representative be present or that the interview be held in private. The employee also has the right to legal representation during the interview if they request it, and they can end the interview at any point in time just by requesting that the interview be discontinued. Finally, employees have a right against company retaliation for taking part in an interview with the inspector and telling the truth. Willful and/or repeated violations can bring the employer up to a $126,749 fine for each violation. Failure to abate violations can cost the employer as much as $12,675 per day while the violation continues to exist, and serious violations can also cost the employer a $12,675 fine.