---
title: OSHA Workplace Safety Standards
description: A comprehensive overview of the legal requirements and standards for workplace safety under the Occupational Safety and Health Act.
keywords: [workplace safety, OSHA, occupational health, worker protections, workplace hazards]
category: law
---

## Overview of the Occupational Safety and Health Act

The Occupational Safety and Health Act of 1970 ("the Act") was enacted by Congress with the purpose of "assuring so far as possible every working man and woman in the Nation safe and healthful working conditions." 29 U.S.C. § 651(b). The Act established the Occupational Safety and Health Administration (OSHA) as the federal agency responsible for setting and enforcing workplace safety and health standards. Under the Act, employers have a general duty to provide a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm." 29 U.S.C. § 654(a)(1).

## OSHA's Rulemaking Authority and General Duty Clause

OSHA is empowered under the Act to promulgate occupational safety and health standards that require employers to take specific actions to protect workers. 29 U.S.C. § 655. These standards cover a wide range of workplace hazards, including toxic substances, physical dangers, and ergonomic risks. Employers who fail to comply with OSHA's standards can face civil penalties and, in some cases, criminal prosecution. See, e.g., Sec'y of Labor v. Trinity Indus., Inc., 504 F.3d 397 (3d Cir. 2007).

In addition to its specific standards, OSHA can also cite employers under the Act's "general duty clause," which requires employers to maintain a workplace "free from recognized hazards." 29 U.S.C. § 654(a)(1). To establish a violation of the general duty clause, the Secretary of Labor must prove that: (1) a hazard existed in the workplace; (2) the hazard was recognized by the employer or the industry; (3) the hazard was causing or likely to cause death or serious physical harm; and (4) a feasible means of abatement existed. See Sec'y of Labor v. Arcadian Corp., 20 BNA OSHC 2001 (Rev. Comm'n 2004).

## Employer Obligations and Worker Rights

The Act imposes several key obligations on employers, including the duty to: (1) comply with OSHA standards; (2) provide a workplace free from recognized hazards; (3) inform employees of workplace hazards; (4) provide safety training and personal protective equipment; and (5) maintain accurate records of workplace injuries and illnesses. 29 U.S.C. §§ 654, 657, 658.

In turn, the Act grants workers important rights, such as the right to: (1) receive information and training about workplace hazards; (2) observe monitoring of hazards; (3) review records of work-related injuries and illnesses; (4) report unsafe conditions without fear of retaliation; and (5) request an OSHA inspection. 29 U.S.C. §§ 657, 660.

## OSHA Enforcement and Penalties

OSHA enforces workplace safety standards through a system of inspections, citations, and penalties. OSHA inspectors have the authority to enter workplaces, conduct walkthroughs, interview employees, and review records. 29 U.S.C. § 657. If an inspector identifies violations, OSHA can issue citations and propose monetary penalties. 29 U.S.C. § 666.

The penalties for OSHA violations can be significant, ranging from $13,653 per serious violation to $136,532 per willful or repeat violation. 29 C.F.R. § 1903.15. In cases of egregious violations or fatalities, OSHA can also pursue criminal prosecution, which can result in fines and imprisonment for corporate officers and managers. See, e.g., United States v. Acme Industrial Co., 917 F.2d 1310 (7th Cir. 1990).

## Employer Defenses and Judicial Review

Employers cited by OSHA have the right to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. 29 U.S.C. § 659. Employers can raise various defenses, such as: (1) the violation did not exist; (2) the employer lacked knowledge of the hazard; (3) the employer took reasonable precautions; or (4) the proposed penalty is unreasonable. See, e.g., Sec'y of Labor v. Seibel Modern Mfg. & Welding Corp., 15 BNA OSHC 1218 (Rev. Comm'n 1991).

Ultimately, any final order of the Review Commission is subject to judicial review in the U.S. Court of Appeals. 29 U.S.C. § 660. The court will uphold OSHA's findings if they are supported by "substantial evidence" in the record. See, e.g., Sec'y of Labor v. S.J. Louis Constr., Inc., 25 F.3d 1324 (6th Cir. 1994).

## Whistleblower Protections and Worker Participation

The Act also provides important protections for workers who report unsafe working conditions or participate in OSHA enforcement activities. Specifically, the Act prohibits employers from discriminating or retaliating against employees for: (1) filing a complaint with OSHA; (2) participating in an OSHA inspection; or (3) reporting a workplace injury or illness. 29 U.S.C. § 660(c).

Workers who believe they have been retaliated against can file a complaint with OSHA, which will investigate the allegations and, if warranted, order the employer to reinstate the employee, provide back pay, and take other corrective actions. See, e.g., Sec'y of Labor v. Acme Energy Servs., 23 BNA OSHC 2121 (Rev. Comm'n 2012).

In addition, the Act encourages worker participation in workplace safety and health, granting employees the right to: (1) accompany OSHA inspectors during walkthroughs; (2) review the results of OSHA inspections; and (3) request OSHA inspections of their workplaces. 29 U.S.C. § 657(e).