ABA Family Legal Guide

Law and the Workplace

On the Job

Workplace Safety

What is the Occupational Safety and Health Act?

The Occupational Safety and Health Act (OSH Act) is a federal law whose purpose is to "assure so far as possible every working man and woman . . . safe and healthful working conditions." The statute is administered and enforced by the Occupational Safety and Health Administration (OSHA).

The OSH Act applies to all private employers engaged in a business affecting commerce. The courts have broadly interpreted the phrase "affecting commerce," such that almost every business in the country with at least one employee is covered by the act. The OSH Act does not apply to public employers.

States may also regulate workplace health and safety in two ways. First, they may have regulations covering workplace conditions that are not dealt with by OSHA standards. Second, they may adopt a state safety and health plan that duplicates the requirements of the OSH Act; if approved by OSHA, the state then would be responsible for enforcing safety and health regulations within its borders. In the absence of approval by OSHA, however, a state may not regulate any safety and health issue that is already regulated by the OSH Act.