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Occupational Safety and Health Act of 1970

As with many other aspects of business today, safety and health rules and guidelines are government-mandated. The Occupational Safety and Health Act of 1970 was passed by Congress who declared its purpose was

"to assure so far as possible every working man or woman in the Nation safe and healthful working conditions and to preserve our human resources."

Every employer engaged in commerce who has five (5) or more employees is covered by the Act.

Employers are required to provide and maintain a comprehensive OSHA compliance program. This mandate motivates employers to understand and remain current on all OSHA-required issues, keeping abreast of current developments and regulations. Currently, the Occupational Safety and Health Administration has the authority to fine up to $70,000.00 per occurrence for failure to provide these required safety programs.

OSHA provides, in the Occupational Safety and Health Standards for General Industry (29 CFR Part 1910), both directives as well as guidelines for protecting all employees. These standards, as defined by OSHA, are rules requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment. However, these standards are not deemed by OSHA to be all-inclusive. In other words, if a particular safety condition is not covered specifically in CFR 29 Part 1910 standards, but is deemed to be a general safety issue, that issue will be blanket-covered by 29 CFR 1910 5(a)(1), commonly known as the General Duty Clause. This clause enables OSHA to fine companies based on general unsafe conditions that may not be covered specifically in the standard.

What does this mean for employers? It means they should adopt safety practices that adhere to not only the letter of the law, but the intent of the law:

"to assure so far as possible every working man or woman in the Nation safe and healthful working conditions and to preserve our human resources."

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