OSHA's Role in Ensuring Safe Workplaces: Key Employer Responsibilities
The Occupational Safety and Health Act (OSH Act) and its enforcement agency, OSHA, significantly impact workplaces across the United States. Employers have a legal duty to comply with its health and safety standards, as outlined in Section 5(a)(1) and (2) of the act.
When OSHA standards are vague, the agency must prove that a reasonable person would have recognized a hazard and that feasible measures were available to mitigate it. In multi-employer worksites, employers responsible for creating or controlling hazards must protect all exposed employees.
Certain general industry standards, such as those under Part 1910, may not apply to specific sectors like construction, shipyard employment, marine terminals, longshoring, and agriculture. Employers must comply with the more specific standards, even in industry-specific situations. When multiple standards govern an action, the more specific one prevails.
Employers facing multi-employer liability must demonstrate they did not create or control the hazardous condition and took reasonable protective measures. They may also raise affirmative defenses, such as infeasibility, greater hazard, unpreventable employee misconduct, or invalidity of the standard, to defend against OSHA citations.
The OSH Act and OSHA play a crucial role in ensuring safe work environments. Employers must understand and adhere to the relevant standards, even when they are vague or industry-specific. Failure to do so may result in citations and potential liability.
